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Gag order liftedThis article was originally published in the the Amador Ledger Dispatch on February 22, 1999, and is reproduced here with its permission. By Diane Smith JACKSON—Dennis Olmstead, a CPA whose Fair Oaks office was the scene of a Jan. 13 search and seizure by the California Highway Patrol said he can now talk about his experience. Olmstead, a certified public accountant for some 300 area clients, was under a gag order until recently. The gag order was part of a search warrant which was issued through the Amador Superior Court. Over judge Richard Tuttle's signature, Olmstead is advised: "Proof by Affidavit having been made to me this date, I herby order Dennis E. Olmstead, CPA, to keep this Search Warrant confidential and not notify the subscribers of this Search Warrant or its contents until further notification by the court.; dated 1-13-97." Special prosecutor David Irey this week denied the accountant was under a gag order evolving from the search warrant. Irey suggested it was merely an admonition by Olmstead's attorney. A copy of the warrant was provided Todd Riebe, Amador District Attorney by David J. Irey, who is listed as "deputy District Attorney" on the warrant. Olmstead said he enlisted the help of Stephen Riechter, a Jackson attorney to try and get back his computer and other equipment. He was recently advised, by his attorney he said, that he may now discuss the January incident. A copy of the warrant with the court admonition, was left taped to Olmstead's desk since he was absent from his office on the day of the raid. The search and seizure was part of a continuing investigative action involving what has come to be known as "gastankgate". At the same time, another search was conducted at the Robert Womack home. During the January CPA search, Russell Moore who headed this and all the "gastankgate" searches, left his business card and a search warrant taped to Olmstead's desk. There wasn't much left in Olmstead's office after the special CHP investigating team got through. Gone was Olmstead's way of earning a living, a situation which, he said, continued for some 10 days. The warrant authorized the seizure of records of members of the Womack Family, Robert Womack and his children's partnership/trust KRL. It did not cover some 300 other clients' records which Olmstead said were also taken in the seven hour January raid. The target is presumed to be Robert Womack of Jackson who is facing 21 criminal counts involving related and non-related issues of an underground storage tank removal. A neighboring businessman, a pension consultant, and Olmstead's landlord, called the sheriff's office to report six or eight intruders were milling around his tenant's office. After he demanded to know what was going on he was ordered to "get out - we'll talk to you when we're ready." He then called the sheriff and was told that the SWAT-like team had pre-registered but he was advised to ask for the search warrant... and did. The warrant copy Moore left Olmstead confirmed that it was the lead CHP environmental investigator who had picked the lock and visited while he was gone taking away Olmstead's computer, hard drive, monitor, keyboard and all client's records at this, the beginning of tax season. Dismayed and then furious, Olmstead who had never previously been asked to produce any type of documents, called Thomas Sage whose name was on some of the official paperwork left by the Amador District Attorney's Office. "I was very upset""I told him, 'I want my computer back'," Olmstead recalls. "I was told that another man had to make the decision - that it was his call. We had words. I was very upset." Then Russell Moore called and acknowledged Olmstead's request for the return of his records and computer, and components. According to Olmstead, Moore's retort was "I can't tell you when and if you'll ever get it back. Frankly, that's not my concern." Olmstead reports he told Moore, "you guys have put me out of business." The general tone of that and subsequent requests was "They couldn't care less", Olmstead recalls. Moore told Olmstead to call back the next day. Olmstead said he made "about 15 call-backs on Thursday and Friday of that week" without connecting with Moore. Finally Moore called him on Saturday and suggested that maybe on Tuesday, if Olmstead would provide an additional hard drive, they would "bring it over (the confiscated one) and download the information on the new drive." Olmstead, lost without his computer capabilities, started to manually do peripheral accounting chores, double duty, since what would normally take eight hours on the computer, manually took almost twice as long. His clients who have come to depend on his seasonal Tax Organizer advice were calling to ask why they hadn't got it. Olmstead was out of commission for about 10 days until he acquired a new computer and replaced clientele computer records. Special StoragePerhaps the topper in all this was the second search warrant the government raiders acquired after finding evidence in his top desk drawer of a rented storage shed down the street. Olmstead said there were no records there. What did the CHP find? Household stuff, Olmstead said, including a mounted deer head and a used Nordic Track. (Olmstead recently told a KGO Radio audience about the raid on his business and the gag order he was under.) Moore has for some eight years, worked in concert on alleged environmental investigations with special prosecutor David Irey. There has not yet been a release of records seized in two separate raids on the Robert Womack home. Two raids of eight and 10 hours each, pulled almost every piece of documentation, including personal diaries and family memorabilia from the availability of the Womacks'. Robert Womack is scheduled to be in court on April 2. The Internal Revenue Service deadline is April 15. Copyright © 1999 Amador Ledger Dispatch |
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