Richland, Washington – U.S. Attorney Vanessa R. Waldref announced that on November 19, 2024, United States District Judge Edward F. Shea sentenced Dwight Norwood, Jr., age 27, of Kennewick, Washington, to 84 months in federal prison on fentanyl distribution charges. Judge Shea also imposed 5 years of supervised release.
According to court documents and information presented at the sentencing hearing, in November 2021, members of the Safe Streets Task Force developed information that Norwood was distributing large amounts of methamphetamine and fentanyl pills in Eastern Washington. Investigators also learned that Norwood lived and sold drugs out of a fifth wheeler in Benton City, Washington.
Early on the morning of February 24, 2022, Norwood’s girlfriend called Benton County Sheriff’s Office and told deputies that Norwood had given her a black eye, was chasing her in a blue Mustang, and was trying to shoot her. A short time later deputies spotted Norwood driving the Mustang near a gas station in Benton City. Deputies activated their emergency lights and attempted to arrest Norwood, but he took off running.
Deputies used a K-9 to track Norwood, located him hiding near his trailer in Benton City, and arrested him. Deputies obtained a search warrant for the Mustang. Inside, deputies found a fully loaded .45 caliber pistol, over 800 hundred fentanyl laced pills, and two additional cell phones. Norwood’s DNA was later confirmed to be on the firearm; Norwood is a confirmed felon.
Agents also obtained a search warrant for Norwood’s trailer. Inside, they located a drug scale with residue, additional fentanyl-laced pills, drug ledgers, and several cell phones.
“Illicit fentanyl has a devastating impact on our community, including a close nexus with violent crime and poisoning deaths. Mr. Norwood was distributing a significant amount of these poison pills in the Tri-Cities region,” stated United States Attorney Waldref. “My office will continue to fight the fentanyl epidemic by working closely with our law enforcement partners to target those who contribute to this deadly crisis.”
“This was not Mr. Norwood’s first run in with the law” said Gregory L. Austin, Acting Special Agent in Charge of the FBI’s Seattle Field Office. “His decision to distribute Fentanyl is now landing him in federal prison. Combatting the scourge of this deadly drug, which devastates communities across our country, is a priority for the FBI and our partners.”
This case was investigated by the Benton County Sheriff’s Office and the FBI’s Southeast Washington Safe Streets Task Force, which includes additional officers and detectives from the Kennewick Police Department, Pasco Police Department, Richland Police Department, Border Patrol and Department of Corrections. This case was prosecuted by Assistant United States Attorney Stephanie Van Marter.
22-cr-06009-EFS
Spokane Washington - Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, announced a Department of Justice grant award for the Spokane County Sheriff’s Office. The grant allocates $945,520 for a project to implement new technology to integrate body-worn camera data analysis in Spokane County Sheriff’s Office’s training programs.
Funding for the grant was awarded by Bureau of Justice Assistance Fiscal Year 2024 Body-Worn Camera Policy and Implementation Program to Support Law Enforcement Agencies.
The project description for the $945,520 grant awarded to Spokane County Sheriff’s Office says the funds will be used to implement technology called “TrustStat”. TrustStat will analyze body-worn camera video and identify key behaviors and language related to de-escalation, use of force, and other critical areas of deputy performance. The project will help the Spokane County Sheriff’s Office to evaluate the effectiveness of deputies’ training during three career learning phases: basic academy training, field training, and post-probation in-service training.
By using TrustStat to evaluate training outcomes and associated behavioral changes SCSO seeks to achieve increased public trust, increased frequency and effectiveness of de-escalation efforts, and a decrease in the frequency and severity of the use of force.
“The Spokane County Sheriff’s Office is leading the way for law enforcement across the nation with this innovative project,” said U.S. Attorney Waldref. “I commend the Sherriff’s Office for seeking this Department of Justice grant award, and for implementing a project that uses cutting edge technology to support effective training to best serve and protect our community.”
“I am excited about the body-worn camera analysis program we are implementing at the Spokane County Sheriff’s Office,” said Spokane County Sheriff John Nowels. “The funding from the Department of Justice will provide us with new technology and expertise, positioning us at the forefront of police training in the United States. Our citizens expect professionalism from their law enforcement, and this funding and technology will enable us to meet those expectations.”
Additional information about grants and funding through the U.S. Department of Justice Office of Justice Programs is available at https://www.ojp.gov.
Spokane, Washington – Vanessa Waldref, United States Attorney for the Eastern District of Washington, announced a Department of Justice grant award for the NorthEast Washington Educational Service District (NEWESD) 101. The grant allocates $1,000,000 to enhance safety and support for 59 public school districts, 45 state-approved private schools, and four charter schools in a seven-county region.
Funding for the grant comes from the Bureau of Justice Assistance fiscal year 2024 STOP School Violence Program. The project description for the $1,000,000 grant awarded to NEWESD 101 details that the money will be used for The Safer Schools Northeast Project. The project will include annual threat assessment training for school staff, law enforcement and community partners, as well as hosting an annual School Safety Summit to provide advanced training and the latest research on school safety. The project will also implement a bystander training program to educate students and staff on recognizing and reporting concerning behaviors.
“All children deserve the right to attend school and learn in a secure environment. Teachers should be free to do the critical work of educating students without fear for their safety,” stated U.S. Attorney Waldref. “This award will be used to ensure educators, administrators, and law enforcement in our communities have the most effective tools to recognize and respond to concerning behaviors or threats to protect our students, teachers and community.”
“Thanks to the Department of Justice's STOP grant award, NEWESD 101 can sustain and expand essential school safety support for districts across northeast Washington state,” said Brittany Roetcisoender, Director of the Center for Student Support and Regional School Safety Center for the NorthEast Washington Educational Service District (NEWESD) 101. “This funding will enhance Behavioral Threat Assessment and Management, promote Bystander Awareness among students and staff, and support an annual School Safety Summit, providing educators, law enforcement, counselors and school safety personnel with the latest information, training and resources.”
Additional information about grants and funding through the U.S. Department of Justice Office of Justice Programs is available at https://bja.ojp.gov/funding.
Spokane, Washington – United States Attorney Vanessa R. Waldref announced that on November 7, 2024, a federal grand jury for the Eastern District of Washington returned an indictment charging Taylor Jashaun Kendall, age 26, of Spokane, Washington, and Michael Tyriq Allen, age 26, of Gainesville, Georgia, with a dozen counts of fraud as part of a scheme to obtain COVID-19 relief funding.
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act provided a number of programs through which eligible small businesses could request and obtain relief funding intended to mitigate the economic impacts of the pandemic for small and local businesses. One program, the Paycheck Protection Program (PPP) program, offered forgivable loans to eligible small businesses in order to retain or rehire employees who lost their jobs, or were in danger of doing so, due to the pandemic. Another program, the Economic Injury Disaster Loan (EIDL) program, provided low interest loans that could be deferred until the conclusion of the pandemic to provide “bridge” funding for small businesses to maintain their operations during shutdowns and other economic circumstances caused by the pandemic. The PPP and EIDL programs have provided billions of dollars in aid, the vast majority of which has not been paid back, including hundreds of millions of dollars disbursed within Eastern Washington.
According to the indictment, between June 2020 and May 2021, Kendall and Allen fraudulently obtained at least $300,000 in CARES act funding through the EIDL and PPP programs. Both Kendall and Allen are former U.S. Airforce Airmen. Kendall was an Airman stationed at Fairchild Airforce Base during the timeframe alleged in the Indictment.
As alleged in the indictment, between June 18, 2020, and June 24, 2020, Kendall and Allen submitted three separate applications for Economic Injury Disaster Loans using false and fraudulent information. In each of the applications, Kendall and Allen claimed their business was engaged in agriculture, had 10 employees, and monthly revenue of $4,625.00. Two of the three applications were approved, and Kendall and Allen allegedly received $20,000 in EIDL funds.
The indictment alleges that in March 2021, Kendall and Allen submitted two separate applications for Payroll Protection Program loans using false and fraudulent information. Then in April 2021, Kendall and Allen, submitted a Second Draw PPP application. The indictment alleges all three PPP applications were approved and Kendall and Allan received more than $61,000 in PPP funds.
The indictment further alleges that Kendall and Allan also submitted false and fraudulent PPP and EIDL applications on behalf of other individuals using false information. Individuals who received these funds then sent a portion of the money back to Kendall and Allen. In total, Kendall and Allen submitted fraudulent applications resulting in the disbursement of at least $80,000 in EIDL advances and $269,900 in PPP loan funds.
Three other former Airmen have entered into criminal diversion agreements with the United States in relation to their participation in the scheme: Julius Dixon (2:23-cr-00086), Roderick Smith (2:24-cr-00109), and Richard Rosales (2:23-cr-00118).
“COVID-19 relief programs were designed to lift up our community during crisis. Due to the number of people and businesses that requested funding, some deserving small businesses did not receive critical funding to keep their doors open through the pandemic, which impacted their employees, their families, and our local economy.” said U.S. Attorney Waldref. “We created the COVID Fraud Strike Force to ensure that those who misused COVID-19 relief funding are held accountable and to protect the strength and safety of our vital small business community.”
The fraud charges against Kendall and Allen carry a maximum sentence of up to 30 years in federal prison.
This case was investigated by the Eastern District of Washington COVID-19 Fraud Strike Force, the Small Business Administration, and the Air Force Office of Special Investigations. It is being prosecuted by Assistant United States Attorney Jeremy J. Kelley.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
2:24-cr-00154-TOR
Spokane, Washington - Vanessa R. Waldref, the U.S. Attorney for the Eastern District of Washington, announced the creation of a new, interagency Environmental Task Force to protect public health and safety, to ensure that everyone enjoys equal protection from environmental and health hazards, and to combat criminal conspiracies that attempt to profit from pollution.
“Strong and fair enforcement of environmental and public health laws supports a thriving community for all families,” stated U.S. Attorney Waldref. “Environmental and financial crimes are often linked, when individuals and businesses seek to profit by evading laws designed to protect our air, water, and land,” stated U.S. Attorney Waldref. “Our Environmental Task Force brings key stakeholders together to focus on enforcement that matters the most to our community.”
On March 28, 2024, U.S. Attorney Waldref and her team, working with law enforcement agencies as well as federal, state, and local partners launched the Environmental Task Force. The Task Force leverages partnerships between local, state, and federal agencies to effectively investigate and prosecute environmental crimes and cases that impact our public health and safety. The Task Force consists of agency representatives from the Washington State Attorney General’s Office’s Environmental Protection Unit, Federal Bureau of Investigation (FBI), Environmental Protection Agency (EPA) Criminal Investigation Division, EPA Office of the Inspector General (OIG), EPA Region 10, Spokane Regional Clean Air Agency, National Oceanic and Atmospheric Administration (NOAA), Department of Commerce OIG, Housing and Urban Development (HUD) OIG, Department of Energy (DOE) OIG, Washington State Department of Ecology, U.S. Department of the Interior OIG, U.S. Forest Service, United States Park Police, Federal Trade Commission (FTC), Homeland Security Investigations (HSI), Columbia River Inter-Tribal Fish Commission, Bureau of Indian Affairs (BIA), IRS-Criminal Investigations, Spokane Clean Air Agency, the Benton Clean Air Agency, and others.
“I am grateful for the large number of federal, state, and local partners that have joined with the U.S. Attorney’s Office in the critical mission of securing public health and environmental protection for all communities,” continued U.S. Attorney Waldref. “Working together, we can protect our natural resources to ensure a healthy, high quality of life and make our region safe and strong.”
Significant environmental protection cases filed or pending in the Eastern District of Washington include:
- In November 2024, four business owners and five companies were federally indicted for smuggling and illegally importing tens of millions of dollars in emission defeat devices from Canada into Eastern Washington. As alleged in the indictment, these illegal devices were sold and distributed to customers throughout the United States, resulting in defendants receiving more than 74 million dollars in revenue through their online sales.
- In October 2024, a Florida business owner, who created and sold illegal software designed to defeat and disable emission controls on diesel trucks, pleaded guilty to conspiracy to violate the Clean Air Act.
- In October 2024, the Department of Justice filed a complaint against a utility company to recover response costs and damages for destroying cultural resources, including archaeological features and Tribal artifacts, when replacing a power pole in the Lake Roosevelt National Recreation Area. United States v. Avista Corporation, 2:24-cv-00358.
- In June 2024, the Department of Justice and EPA filed a lawsuit under the Safe Drinking Water Act against several Lower Yakima Valley dairies for manure practices that endanger neighboring residents who rely on private wells for drinking water. The complaint and July 2024 motion for preliminary injunction alleges the dairies failed to adequately control nitrate contamination from their operations. High levels of nitrate in drinking water can be harmful, especially for infants, pregnant women, and people with certain health conditions. The injunctive relief was sought to immediately protect downgradient community members with nitrate contaminated well water by requiring the dairies to test the wells and provide alternative drinking water.
- In May 2024, two men and their companies were indicted for a scheme to tamper with pollution control systems in violation of the Clean Air Act.
- In January 2024, the United States filed a complaint in federal district court alleging a government contractor, responsible for fire protection at the Hanford site, was involved in fraudulent overcharging and failed to complete critical fire protection work necessary to protect the public, workers at the site, and the environment from fire hazards.
- In June 2023, a business-owner was sentenced for criminal violations of the Clean Air Act in connection with improper handling and disposal of asbestos-containing material, and for lying to federal and state regulators, resulting in potential exposure to workers and the public.
- In September 2022, a Grand Jury indicted a Yakima-area juice manufacturing company and its owner for violating FDA regulations that resulted in improper levels of arsenic, patulin, and other environmental and health hazards into fruit juice sold to school lunch programs.
As part of the U.S. Attorney’s Office commitment to effective and responsive environmental enforcement, U.S. Attorney Waldref frequently speaks to community leaders and members about pressing public health and safety concerns in Eastern Washington.
In February of 2024, the Office held an Environmental Justice listening session in Spokane with community leaders engaged in conservation, public health and environmental remediation work. Representatives from the Environmental Protection Network and Gonzaga University’s Institute for Climate, Water, and the Environment shared information about accessing funding to support environmental protection. Members of the community highlighted concerns and priority areas to ensure compliance and enforcement to protect the environment and the health and safety of our residents.
In April of 2024, the U.S. Attorney’s Office, in partnership with the Washington State Attorney General’s Office; Gonzaga University’s Institute for Climate, Water, and the Environment; and the Gonzaga Law School; celebrated the anniversary of Expo ’74 by co-hosting a conference that included panels focusing on protecting the Spokane River and environmental enforcement. Tribal leaders, community advocates, and state and federal enforcement authorities, discussed how to work together more effectively to prioritize public health and safety.
“I am proud to raise my family in a place where we enjoy the great outdoors and appreciate the beauty of our mountains, trees, lakes, and rivers. Indigenous people first lived on these lands, cultivating these resources for future generations,” stated U.S. Attorney Waldref. “We work closely with Tribal leaders and law enforcement to protect Tribal Homelands from harm and criminal conduct.”
In June of 2024, U.S Attorney Waldref took part in the Lands Council Legislative Summit. In her remarks, U.S. Attorney Waldref spoke about the successes in environmental protection in the 50 years since Expo ’74, as well as the ongoing environmental challenges facing the region and the Environmental Task Force’s coordinated efforts to keep our community healthy and safe.
In August of 2024, the Environmental Task Force held a meeting in Spokane to discuss ongoing environmental protection efforts and developed plans to increase and improve collaboration to support cleaner and healthier air quality.
Since 2022, U.S. Attorney Waldref has chaired the Environmental Justice & Environmental Issues Subcommittee for the Attorney General’s Advisory Committee, where she provides critical insight to Department of Justice leadership on the prosecution and litigation of environmental and public health matters throughout the United States. In this role, she has been a leader in training Department of Justice attorneys to identify the nexus between financial and environmental crimes and violations and hold companies accountable who seek to profit from pollution and evade laws designed to protect vulnerable members of the community. U.S. Attorney Waldref and her team are committed to protecting and improving the public’s well-being, health, and safety, now and into the future.
Community members who have environmental concerns can share with them with the U.S. Attorney’s Office by emailing USAWAE.Enviroment@usdoj.gov. To submit a concern by telephone, please call (509) 835-6306.
A press conference detailing announcement can be viewed here.
Spokane, Washington - On November 14, 2024, United States Attorney Vanessa R. Waldref announced that United States District Judge Thomas O. Rice sentenced Antonio Feliciano Crawford, age 55, of Mead, Washington, to 45 months in federal prison on charges of bank fraud. Judge Rice also imposed 5 years of supervised release, restitution of $203,347.08, and forfeiture of $173,329.00 in cash seized during a search of Crawford’s home, and $13,642.00 in cash Crawford provided in lieu of forfeiture of his vehicle.
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act provided a number of programs through which eligible small businesses could request and obtain relief funding intended to mitigate the economic impacts of the pandemic for small and local businesses. One program, the Paycheck Protection Program (PPP) program, offered forgivable loans to eligible small businesses in order to retain or rehire employees who lost their jobs, or were in danger of doing so, due to the pandemic. Another program, the Economic Injury Disaster Loan (EIDL) program, provided low interest loans that could be deferred until the conclusion of the pandemic to provide “bridge” funding for small businesses to maintain their operations during shutdowns and other economic circumstances caused by the pandemic. The PPP and EIDL programs have provided billions of dollars in aid, the vast majority of which has not been paid back, including hundreds of millions of dollars disbursed within Eastern Washington.
According to court documents and information presented at the sentencing hearing, Crawford filed false and fraudulent PPP and EIDL applications during 2020 and 2021 on behalf of four companies purportedly owned and operated by Crawford: Tann LLC, Crawford Entertainment, A&M Personal Training LLC, and a sole proprietorship doing business as “Antonio Crawford.” Crawford submitted false and fraudulent information and documentation, including fraudulent and fictitious purported tax returns for the companies, in order to obtain for himself at least $186,971 in PPP and EIDL funding for which he was not eligible.
Crawford also facilitated the submission of false and fraudulent PPP and EIDL applications for numerous other individuals as well. During a search of Crawford’s home, law enforcement seized a laptop that contained falsified tax documentation and applications for other persons. Investigation of those fraudulent documents identified an additional twenty-four PPP and EIDL payments, totaling $565,808.33. Investigators also identified over $20,000 in payments those individuals made to Crawford following receipt of the funds. In total, Crawford caused a loss of over $750,000 to the PPP and EIDL programs.
“Fighting fraud strengthens our communities by protecting our small and local businesses and hard-working people who play by the rules. Mr. Crawford took advantage of programs designed to help businesses struggling during a global pandemic and used the funds to enrich himself and others,” said U.S. Attorney Waldref. “My office has built strong relationships with our law enforcement partners through our COVID Fraud Strike Force to vigorously prosecute those who abuse and misuse pandemic relief funding.”
“When our nation and many employers were at their most desperate, Mr. Crawford defrauded those programs providing a lifeline to struggling businesses,” said Acting Special Agent in Charge Matthew Murphy, who oversees HSI operations in the Pacific Northwest. “HSI will always work with our partners to prevent these types of schemes, safeguard our communities, and ensure relief funds never end up in the hands of criminals.”
In February 2022, U.S. Attorney Waldref and the U.S. Attorney’s Office (USAO) began working with federal law enforcement agencies to create and launch a COVID-19 Fraud Strike Force that would leverage partnerships between different agencies to aggressively investigate and prosecute fraud against COVID-19 relief programs in Eastern Washington. The Strike Force consists of agency representatives from the USAO, Small Business Administration (SBA) Office of Inspector General (OIG), Federal Bureau of Investigation (FBI), U.S. Department of the Treasury Inspector General for Tax Administration (TIGTA), U.S. Secret Service, U.S. Homeland Security Investigations (HSI), U.S. Department of Veterans Affairs OIG, General Services Administration OIG, Department of Homeland Security (DHS) OIG, Internal Revenue Service, Department of Energy OIG, Department of Labor (DOL), and others.
This case was investigated by the HSI Spokane Field Office, TIGTA, SBA OIG, DOL, and the Department of Homeland Security OIG. The case is being prosecuted by Assistant United States Attorneys Dan Fruchter, Jeremy J. Kelley, and Devin C. Curda.
2:24-CR-00010-TOR
Spokane, Washington - Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, announced that Mid-Valley Hospital and Clinic in Omak, Washington, agreed to pay a $15,000 Controlled Substances Act penalty and to institute corrective actions in regard to its pharmacy and controlled substances policy and procedures.
To protect the public, the Controlled Substances Act and its implementing regulations place legal responsibilities on medical professionals to ensure that controlled substances are prescribed, dispensed, and used for medically-appropriate purposes and in a safe manner. The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription to ensure that prescriptions are legitimate, safe, and medically appropriate. This responsibility includes reviewing controlled substance override reports to make sure controlled substances are being administered correctly.
In the settlement announced today, Mid-Valley Hospital admitted that beginning in late 2021 and ending in October 2023, nurse Eileen Lombardi regularly stole doses of the drug Dilaudid, which is a brand name for hydromorphone HC1, for her own personal use. Lombardi would take left over medications after administering a patient’s dose for her personal use, rather than wasting the remaining medication as required. Lombardi also entered overrides into automated medication dispensing systems to obtain additional doses of Dilaudid that she took for personal use.
Mid-Valley admitted that it had not enacted sufficient controls to catch the Lombardi’s theft of controlled substances. Specifically, while Mid-Valley pharmacy technicians regularly printed out controlled substance override reports for review by the Pharmacy Director, he routinely filed them away without reviewing them, which enabled Lombardi to continue diverting Dilaudid for two years. Mid-Valley has subsequently engaged an outside consultant to review its pharmacy and controlled substance policies and procedures.
The Washington Department of Health has entered an agreement with Lombardi under which she will be required to be enrolled in the Washington Healthcare Provider Services program for one to five years, during which time she will not have direct access to controlled substances. Additionally, the U.S. Attorney’s Office has entered into a criminal diversion agreement with Lombardi that matches the terms of the Washington Department of Health agreement, as well as a requirement that she does not seek a re-issue of her Drug Enforcement Administration (DEA) registration until no earlier than November 2025 and recognizing that reinstatement will be entirely at the discretion of the DEA.
“Nurses play a vital role in providing life-saving care. They have access to powerful drugs that can lead to crippling addiction. It is important that hospitals and pharmacies have proper checks and procedures in place to ensure these medications are accounted for and used appropriately and safely,” stated U.S. Attorney Waldref. “I am grateful that Mid-Valley Hospital quickly accepted responsibility and has taken steps to comply with its obligations going forward.”
“The Drug Enforcement Administration ensures that medical providers and facilities follow established laws and procedures while dispensing controlled substances”, said David F. Reames, Special Agent in Charge, DEA Seattle Field Division. “DEA holds medical professionals to a high standard to protect public safety and ensure accountability, and this settlement demonstrates DEA’s resolve to maintain these standards.”
The settlement was the result of a joint investigation conducted by the U.S. Attorney’s Office for the Eastern District of Washington, DEA’s Seattle Field Division, Diversion Group and the Food and Drug Administration, Office of Criminal Investigation. Assistant United States Attorney Jeremy J. Kelley handled this matter on behalf of the United States.
Spokane, Washington – On November 7, 2024, a federal grand jury for the Eastern District of Washington returned an indictment charging Tawhnee Willow Colvin, of Davenport, Washington, with more than two dozen counts for allegedly embezzling more than $100,000 from the Spokane Tribe of Indians.
Between September 2019 and October 2023, Colvin was employed as Assistant Director of the Spokane Tribe of Indians’ Department of Health and Human Services and Division of Child and Family Services (DCFS).
As part of her position as Assistant Director of DCFS, Colvin had access to the Spokane Tribe of Indians bank account that held per capita funds for children who were in foster care. This DCFS bank account was maintained to ensure that guardians would receive these funds for the children in their care. According to the indictment, caregivers received funds by a check from the DCFS bank account or in cash. When caregivers accepted a cash payment, they signed a receipt to document the disbursement. Documentation of checks and cash receipts were to be maintained by the Spokane Tribe of Indians Department of Health and Human Services.
As alleged in the indictment, between October 2019 and November 2023, Colvin made more than 50 fraudulent money transfers, totaling $50,880, from the DCFS bank account to her own personal bank account. The indictment further alleges that between September 2019 and April 2021, on at least 17 different days, Colvin made cash withdrawals totaling $49,950 for which DCFS has no documentation or receipts supporting that any of these funds were provided to caregivers.
“Individuals in positions of trust have an obligation to protect the funds they oversee. This is all the more important for resources dedicated to vulnerable members of our community, such as children in foster care,” said United States Attorney Vanessa R. Waldref. “My office takes fraud seriously, and will continue to work with our federal, tribal, state, and local law enforcement to expose and prosecute public corruption, self-dealing, and fraud.”
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by United States Attorney Vanessa Waldref and Assistant United States Attorney Dan Fruchter.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
2:24-cr-00148-TOR
Spokane, Washington – On November 14, 2024, Chief United States District Judge Stanley A. Bastian sentenced Nicholas Andrew Anardi, age 33, of Moses Lake, Washington, to 60 months in federal prison for setting off an explosive device. Chief Judge Bastian also imposed 3 years of supervised release.
According to court documents and information presented at the sentencing hearing, When Anardi was in prison, someone robbed his garage. Anardi told investigators he, “had it out” for the person he thought committed the robbery, so he decided to build two explosive devices to, “scare them.”
Anardi used a model rocket engine for one of the bombs and an aerial mortar round in the other. He wrapped metal wire and pennies, that would act as homemade shrapnel, around the explosives, held in place by black electrical tape.
On September 11, 2021, Anardi rode his bike to an apartment where, the man who Anardi thought robbed him, lived. Anardi lit one bomb and thew it over the fence towards the apartment, but the bomb did not go off. Anardi then lit the second bomb and rolled it to the door of the apartment. The bomb exploded a few seconds later.
A resident inside a nearby apartment reported hearing a loud bang, and something hitting her door. The resident described the noise as being like someone hitting the door with a sledgehammer. She opened the door, saw the bomb, and called 911.
The Washington State Patrol Bomb squad (WSP) arrived and rendered the unexploded bomb safe. They collected several pieces of the exploded bomb, including one piece of the bomb that had been thrown 130 feet from the blast site. Investigators also found a coin and piece of metal wire embedded in the door of an apartment near where bomb exploded.
“Mr. Anardi built two deadly bombs that included homemade shrapnel and attempted to detonate them in an apartment complex full of people. Thankfully, no one was hurt by Mr. Anaradi’s reckless and dangerous behavior,” stated U.S. Attorney Vanessa Waldref. “My office is committed to working closely with our law enforcement partners to hold violent offenders accountable and build safer and stronger communities.”
“The danger posed by explosives such as the ones Mr. Anardi built and used cannot be overstated,” said ATF Seattle Special Agent in Charge Jonathan Blais. “Shrapnel from an explosion knows no difference between an intended target and an unintentional bystander, making this attempted attack that much more dangerous to the community. Because of this, we believe today’s prison sentence is well deserved.”
This case was investigated the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Grant County Sheriff’s Office. It was prosecuted by Timothy J. Ohms and Patrick J. Cashman.
2:24-cr-00019-SAB
Spokane, Washington – Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, announced that in the last several months, the office she leads prosecuted several significant cases that protected patients, consumers, and the community from health care fraud.
“Safe and affordable health care is critical for a thriving community. Healthcare is a multi-billion-dollar industry in the Inland Northwest, and fraudulent schemes divert public funds away from treating patients and drive up the cost of care for those that need it most,” said U.S. Attorney Waldref. “Combatting health care fraud is a priority for my office because everyone deserves to have doctors and medical providers who place patient care over profits.”
In August of 2023, Lincare Holdings, Inc., agreed to pay $29 million to resolve allegations that it fraudulently overbilled Medicare and Medicare Advantage Plans for oxygen equipment. The settlement is the largest-ever health care fraud settlement in the Eastern District of Washington. In addition to the $29 million paid by Lincare to address claims that Lincare submitted to Medicare and Medicare Advantage, in what is believed to be a first-of-a-kind False Claims Act Settlement, as part of the settlement, Lincare agreed to identify and repay Medicare beneficiaries who were overcharged co-pays. Pursuant to this provision, as of September 2024, Lincare has refunded payments to 4,917 patients for a total of $976,137. If patients believe that they may have been overbilled for oxygen equipment and have not received a refund, they can reach out to the United States Attorney’s Office of Public Affairs.
Other major health care fraud cases filed or pending in the Eastern District of Washington include:
August 2024 sentencing of Thomas Andrew Webster, M.D., age 51, of Sylvania, Ohio, for conspiring to accept kickbacks in connection with a fraudulent telemarketing and medical supply scheme throughout Washington and in other states. Dr. Webster was sentenced to two years in federal prison followed by 3 years of supervised release, restitution of more than $870,000, an additional criminal fine of $50,000, and forfeiture of hundreds of thousands of dollars in assets.
In August 2024, Justin Leland agreed to pay $224,620.88 to resolve allegations he participated in a kick-back scheme to bill Medicare for medically unnecessary durable medical equipment.
In August 2024, William O. Mize pled guilty to conspiracy in connection with a scheme to defraud insurance companies of more than $6 million by submitting fraudulent claims for health care and other injury expenses in connection with a series of vehicle collisions and other accidents staged by Mize and his co-conspirators. Mize is scheduled to be sentenced in November 2024.
In March 2024, Physician Staffing Company Jackson & Coker Locums Tenens, LLC and Physician Edward William Salko, D.O. agreed to pay $700,000 to resolve allegations that they participated in a kick-back scheme to bill Medicare for medically unnecessary durable medical equipment and diagnostic laboratory testing.
In January 2024, Physician Daniel Case agreed to pay $95,000 to resolve allegations that he participated in a kick-back scheme and ordered medically unnecessary durable medical equipment that Case caused to be billed to Medicare, Medicaid, and other federal health care programs
In January 2024, the United States and State of Washington filed a Complaint in federal district court against MultiCare Health System, which owns and operates MultiCare Deaconess Hospital and MultiCare Rockwood Clinic in Spokane, alleging that MultiCare knowingly endangered patient safety and falsely and fraudulently billed Medicare, Medicaid, and other federal health care programs for spinal surgery procedures performed at Deaconess between 2019 and 2021 by Jason Dreyer, a former neurosurgeon.
U.S. Attorney Waldref highlighted the importance of partnerships in combatting health care fraud, “We are prosecuting more cases because of our strong relationships with state and federal law enforcement partners – including Health and Human Services, Office of Inspector General; the Drug Enforcement Administration; the Department of Veterans Affairs, Office of Inspector General; and our state partners at the Washington State Office of the Attorney General’s Medicaid Fraud Control Division, as well as many others. Our vigorous fraud practice holds individuals and corporations accountable for stealing from taxpayers. I am proud that my office is a national leader in fighting fraud and investigating cases brought by whistleblowers to report misconduct and protect our community’s resources.”
“The VA Office of Inspector General is committed to safeguarding the integrity of VA’s healthcare programs and services and ensuring veterans receive the quality health care they deserve,” said Special Agent in Charge Dimitriana Nikolov with the Department of Veterans Affairs Office of Inspector General’s Northwest Field Office. “The VA OIG is grateful to the U.S. Attorney’s Office and our law enforcement partners for their dedication and support in this case.”
“The Defense Criminal Investigative Service (DCIS) is committed to working with our law enforcement partners to protect the integrity of federal healthcare programs, particularly as it relates to the Department of Defense’s TRICARE program,” said Bryan D. Denny, the Special Agent in Charge of the DCIS Western Field Office. “We will aggressively pursue and seek to hold accountable bad actors who defraud or attempt to defraud TRICARE, because their deceptive actions ultimately harm those defending our country and their families.”
“The Drug Enforcement Administration works hard to ensure patient safety by regulating medical professionals who prescribe, produce, or dispense scheduled prescription drugs,” said David F. Reames, Special Agent in Charge, DEA Seattle Field Division. “DEA holds medical personnel accountable when they fail to follow Federal law and regulations for scheduled medications and risk the health and safety of patients and our community.”
In addition to casework, the U.S. Attorney’s Office is engaged in community outreach to raise awareness about fraud schemes and educate members of the community on how to avoid becoming a victim of scams. U.S. Attorney Waldref has recorded this message about how we can all protect ourselves and our loved ones from scams targeting the elderly. To learn more about the Justice Department’s elder justice efforts please visit the Elder Justice Initiative page.
Spokane, Washington – On October 18, 2024, A federal grand jury for the Eastern District of Washington returned an indictment charging John Wesley Owens, of Manson, Washington; Joshua Wesley Owens, of Mapleton, Utah; their companies Diesel Truck Products, Inc. d/b/ DPF Delete Shop Inc., and Fulfillment Solutions & More, LLC; Kevin Paul Dodd, of Maple Ridge, British Columbia, Canada; his companies Evolution Auto Performance and Evo Tunes Inc.; and Philip John Sweeney, of Coquitlam, British Columbia, Canada; and his company KX Wheels, for a scheme to smuggle and illegally import tens of millions of dollars in contraband emissions defeat devices from Canada into the United States and to sell and distribute them throughout the United States, in violation of the Clean Air Act.
Under the Clean Air Act, diesel trucks are required to maintain systems and components that limit harmful emissions of dangerous pollutants such as diesel particulates. Exposure to diesel exhaust can lead to serious health conditions like asthma and respiratory illnesses and can worsen existing heart and lung disease, especially in children and the elderly. Heavy-duty diesel trucks are also required under the Clean Air Act to maintain an onboard-diagnostic system which monitors the functionality of the hardware emissions control components. In order to ensure that the required emissions control systems are functioning properly, if the system detects that an emissions control component is not working, or has been removed, it will ultimately put the truck into what is known as “limp mode,” which limits the top speed to as low as 5 miles per hour. Hardware and software designed to disable these emissions controls, commonly known as “defeat devices”, can greatly increase the emissions of these dangerous pollutants into the atmosphere, particularly impacting communities that are close to arterial roads and highways.
The indictment alleges that the Owens, Sweeney, Dodd, and their companies conspired to violate the Clean Air Act and to smuggle contraband and illegal defeat devices into the United States. The indictment also charges the Owens and their companies with money laundering. According to the indictment, between December 2015 and November 2023, the Owens purchased more than $33 million dollars in illegal emissions defeat devices from Dodd, Sweeney, and their companies. The indictment alleges that Dodd, Sweeney, and the Owens smuggled and illegally imported these emissions defeat devices from Canada into Eastern Washington and then sold and distributed them to customers throughout the United States.
According to the indictment, in the Summer of 2020, the Owens, following requests for information about their business from the Environmental Protection Agency, decided to shut down their business website and re-launch under a new name. In May 2020, Joshua Owens sent an email to Dodd and said, “In June I’m winding down this ‘legal entity’ and staring up another one. Feels like I’m on borrowed time with the EPA.” According to the indictment, in July 2020, Joshua Owens then started a new website, www.dpfdeleteshop.com, and new business name “DPF Delete Shop, Inc.” listing a business address in the Cayman Islands, and continued to use this website to import, sell, and distribute illegal defeat devices, despite repeated warnings that they were illegal. The indictment alleges that in February 2023, when a customer complained by email and threatened to report Josh Owens and DPF Delete Shop Inc. to the EPA, Josh Owens responded by email “We have all your info. You’ll be the guy we serve up on a silver platter to the EPA if it comes down to that.”
The indictment further alleges that the Owens and Sweeney conspired to disguise the shipments of illegal emission control devices from Canada into Eastern Washington. In May 2022, Sweeney emailed John Owens and wrote, “John We have lots of ways that we can get stuff across the border, I will give you a call later I just need you to be complacent and how we do it and I don’t wanna do it over email.”
According to the indictment, between 2017 and 2023, based on online sales data, the Owens and their businesses received more than $74 million in revenue through their online sales of emissions defeat devices to customers in the United States.
“Safe and healthy air quality is critical for a thriving community. The Clean Air Act provides important safeguards that limit the amount of harmful emissions from diesel vehicles. Attempting to profit from evading pollution control systems puts the health and safety of everyone in our community at risk, especially children and individuals who suffer from asthma and respiratory illnesses,” stated U.S. Attorney Waldref. “Strong and fair enforcement of environmental and public health laws ensures a safer community for all families to live, learn, play, and work.”
The conspiracy charges carry a maximum sentence of up to 5 years in federal prison, while the smuggling and money laundering charges have a maximum sentence of up to 20 years imprisonment.
This case was investigated by the EPA’s Criminal Investigation Division, the Federal Bureau of Investigation, and the Internal Revenue Service. Assistant United States Attorneys Dan Fruchter and Jacob E. Brooks, and Special Assistant United States Attorney Gwendolyn Russell, are prosecuting the case.
U.S. Attorney also released a video statement that can be found here.
2:24-CR-00140-TOR
Spokane, Washington - The U.S. Attorney’s Office for the Eastern District of Washington proudly commemorates Domestic Violence Awareness Month (DVAM) this October. U.S. Attorney for the Eastern District of Washington, Vanessa R. Waldref, joins the U.S. Department of Justice in reaffirming its unwavering commitment to supporting survivors, raising awareness, and promoting justice for all affected by domestic violence.
DVAM serves as a crucial opportunity to shed light on the profound impacts of domestic violence and emphasize the importance of collective action. Each year, millions of individuals are impacted by intimate partner violence, and far too many families endure the tragic consequences of domestic abuse. The U.S. Attorney’s Office is committed to ensuring that survivors are heard, and perpetrators are held accountable.
This year is a special year to commemorate DVAM because it is also the 30th anniversary of the Violence Against Women Act. In 1994, the passage of this landmark, bipartisan legislation transformed the way our nation addresses domestic and dating violence, sexual assault, and stalking by increasing protections for survivors, providing critical federal resources to support a coordinated community response to these crimes, and awarding grants at the local, state, territory, Tribal, and national levels. Recent grant awards include $350,000 to the City of Yakima to combat domestic violence and sexual assault and $600,000 the Kalispel Tribe of Indians to respond to and prevent sexual assault.
“Everyone deserves to live in a safe home free of domestic violence,” stated U.S. Attorney Waldref. “Domestic violence victims often struggle to access the justice system and get the protection and resources they need, which is why we use all the tools at our disposal—including leveraging our partnerships with local law enforcement, domestic violence advocacy organizations, and local prosecutors—to ensure victims have a viable path to safety and justice.”
Domestic violence is one of the root causes underlying the Missing or Murdered Indigenous Persons (MMIP) crisis. Prosecuting cases on Tribal lands that involve intimate partner violence is a critical tool to bringing justice to victims and safety to Tribal communities. Recent cases include:
- United States v. Marvin Samson Butterfly, 2:23-cr-00110-TOR: Butterfly was found guilty of assaulting and suffocating his partner, as well as Attempted Witness Tampering.
- United States v. James Edward Kensler, 2:18-cr-00096-TOR: Kensler was sentenced to 60 months in prison for violently assaulting his girlfriend.
- United States v. Branden Scott Higgins, 1:23-cr-02056-SAB: Higgins was sentenced to nearly three months in federal prison for choking his pregnant girlfriend
- United States v. Xander Lee Ostenberg, 2:23-cr-00031-TOR: Ostenberg was sentenced to 60 months in prison for violently assaulting his partner and tribal elders.
Another crucial part of combatting domestic violence and reducing violent crimes includes enforcing federal firearm prohibitions. Domestic violence abusers with access to a gun are five times more likely to kill their partners. In addition to their lethality, firearms are used by abusers to inflict fear, intimidation, and coercive control. Under federal law, people with domestic violence misdemeanor and felony convictions and those subject to domestic violence protective orders are prohibited from purchasing or possessing firearms.
In October 2022, U.S. Attorney Waldref announced her office’s Safe Homes, Safe Community Initiative to prevent domestic violence homicides and prevent abusers who have previously been convicted of domestic violence offenses from having access to firearms. Partnering with the Yakima Police Department, Yakima County Prosecutor’s Office, Spokane Police Department, and Spokane County Prosecutor’s Office, and domestic violence prevention advocates, the U.S. Attorney’s Office focuses enforcement on individuals identified as repeat domestic violence abusers who unlawfully possess firearms.
Recent cases charged as part of the Safe Homes, Safe Community Initiative include:
- United States v. Benjamin D. Cliett, 1:22-cr-02111-MKD: Pleaded guilty to Person Subject to a Court Order in Possession of Firearms, in connection to violating a no-contact order and possessing more than a dozen firearms.
- United States v. Tyler Jonas Senator, 1:23-cr-02027-SAB: Sentenced to 84 months on one count of Brandishing a Firearm During and in Relation to a Crime of Violence, and one count of Assault of a Spouse, Intimate Partner, or Dating Partner by Strangling or Suffocating, in connection with a violent attack on his partner.
- United States v. Michael Brian Ross, 2:23-cr-00021-MKD: Sentenced to 4 years on count of being a Felon in Possession of a Firearm, in connection with threating his partner with a firearm.
“Federal prosecutors witness the devastating impacts of domestic violence on the lives of victims and their families, who may endure long-term trauma and are at increased risk for returning to abusive relationships. Firearms are used by abusers to control their victims through fear and intimidation. Law enforcement responding to active domestic violence scenes are also at increased risk when firearms are present,” stated U.S. Attorney Waldref.
Video Message: https://www.youtube.com/watch?v=zRNct8hfuxw
U.S. Attorney Waldref continued, “My Office’s Safe Homes, Safe Community Initiative focuses on curbing gun violence by removing firearms unlawfully possessed by individuals with a track record of violent crime and domestic violence – these efforts protect victims, law enforcement, and the entire community.”
Facing domestic violence? Find support in your state through @OVWJustice's Local Resources: https://www.justice.gov/ovw/resources-for-survivors
Immediate help for domestic violence victims: Call the National Domestic Violence Hotline (@ndvhofficial) at 1-800-799-7233 or Strong Hearts Native Helpline (@strongheartsdv) at 1-844-762-8483.
Spokane, Washington – On October 30, 2024, United States District Judge Thomas O. Rice sentenced Brian Jesus Zazueta, age 23, of Sunnyside, Washington, to 160 months in federal prison on drug trafficking charges. Judge Rice also imposed 5 years of supervised release.
According to court documents and information presented at the sentencing hearing, the Drug Enforcement Administration (DEA) developed information that Zazueta was working as a mid-level manager for a drug trafficking organization out of Mexico that was responsible for distributing drugs in Spokane and across Eastern Washington. Zazueta is the son of Adolfo Zazueta-Bueno, a significant member of the Sinaloa cartel. Zazueta-Bueno was a previous resident of the Tri-Cities area, but now resides in Sinaloa, Mexico where he runs his drug trafficking organization. Zazeuta was operating as his father’s eyes and ears in the United States; he is a U.S. Citizen and could travel freely to and from Mexico. Judge Rice found that Zazueta is a leader and organizer for his father’s operation and sentenced him accordingly.
On March 9, 2023, the DEA and the Spokane Police Department executed a federal search warrant on a stash house in Kennewick, Washington. Zazueta was in the apartment along with more than 42,000 fentanyl pills, methamphetamine, and heroin. Additionally, DEA found $6,000 in cash, receipts showing money transfers to Sinaloa, Mexico, drug scales, and ledgers with information about drug transactions.
“By targeting drug trafficking organizations, we disrupt the supply of deadly drugs that are causing harm in our neighborhoods,” stated U.S. Attorney Vanessa Waldref. “Mr. Zazueta was responsible for an organization distributing a large amount of illegal narcotics. Thanks to the excellent work by DEA, the Spokane Police Department, and federal prosecutors, Mr. Zazueta is headed to federal prison, and as a result, our communities are safer and stronger.”
“Mr. Zazueta sowed the seeds of despair in Eastern Washington while he reaped the profits of his methamphetamine, fentanyl, and heroin distribution,” said David F. Reames, Special Agent in Charge, DEA Seattle Field Division. “Thanks to the DEA, Spokane Police, and the U.S. Attorney’s Office, Mr. Zazueta learned that these actions had consequences and the sentence in this case should make others pause before selling drugs that harm our communities.”
This case was investigated by the Drug Enforcement Administration and the Spokane Police. This case was prosecuted by Assistant United States Attorney Caitlin Baunsgard.
2:23-cr-00036-TOR
Spokane, Washington – Assistant United States Attorney (AUSA) Stephanie Van Marter was recognized on the field at the final home game of the Spokane Zephyr on Sunday, October 28.
AUSA Van Marter was selected for this honor due to her years of dedicated public service with the U.S. Attorney’s Office, as well as her work as a member of the board of the Spokane Alliance for Fentanyl Education (SAFE). Spokane Zephyr FC is a Spokane’s professional women’s soccer team and member of the USL Super League.
AUSA Van Marter recorded a message about the word “confidence” that was played for the crowd. She shared, “Confidence grows from wisdom, compassion, grace, respect, sprinkled with a little bit of sass. The advice that I would give would be to find that one thing that does make you passionate, that you believe in, and pursue it. Realize that you are going to fall down but you are going to figure out a way to get back up.”
AUSA Van Marter is Deputy Criminal Chief at the U.S. Attorney’s Office and known for her advocacy skills in the courtroom and excellence in training prosecutors and law enforcement on building complex investigations. As Deputy Criminal Chief, AUSA Van Marter supervises cases that include violent crimes in Indian Country and child exploitation offenses. She prosecutes and oversees some of the most difficult cases in the Eastern District of Washington.
AUSA Van Marter has served on the board of SAFE since it was created in 2021. Earlier this month, at the SAFE Fall Leadership Summit, she moderated a panel discussion on the topic of how our community can move from awareness to action in combatting the fentanyl crisis. She also presents to high school health classes and other groups about the opioid epidemic.
“Assistant United States Attorney Stephanie Van Marter is a dedicated public servant who works each day to make our communities safe and strong. Teaming up with law enforcement and community partners, AUSA Van Marter courageously holds offenders accountable and selflessly spends time educating our youth and community leaders about the dangers of fentanyl,” stated United States Attorney Vanessa Waldref. “I am grateful the Spokane Zephyr recognized Stephanie’s contributions to our community, and I am proud she is a member of our office.”
Spokane, Washington – United States Attorney, Vanessa Waldref announced Assistant United Attorney (AUSA) Dan Fruchter received the 2024 “Honest Abe Integrity in Government” award from the Taxpayers Against Fraud Coalition.
This award recognizes dedication to public service and a commitment to False Claims Act enforcement and the whistleblowers who make these cases possible. When announcing the award, the TAF Coalition called AUSA Fruchter, “a master tradesman of False Claims Act enforcement.”
AUSA Fruchter is the Chief of the Fraud & White-Collar Crime Unit for the Eastern District of Washington. Throughout his career, he has led the prosecution of hundreds of fraud cases, spanning a wide range of subjects including procurement fraud, health care fraud, and pandemic relief fraud. AUSA Fruchter is a life-long public servant and passionate advocate for whistleblowers.
Under his leadership, the Eastern District of Washington has expanded its health care fraud practice, focusing its efforts on patient safety and justice. Last year, as part of a $29 Million settlement with Lincare Holding, Inc to address claims that Lincare submitted to Medicare and Medicare Advantage, in what is believed to be a first-of-a-kind False Claims Act settlement, Lincare also agreed to identify and repay Medicare beneficiaries who were overcharged co-pays. Pursuant to this provision, as of September 2024, Lincare has refunded payments to 4,917 patients for a total of $976,137.
AUSA Fruchter also spearheaded the Eastern District of Washington’s innovative and nationally-recognized COVID-19 Fraud Strike Force, which was launched in Spring 2022. The Strike Force brings together 15 federal agencies with a team of prosecutors to quickly respond to investigative leads. Since it was launched, the Strike Force has charged 35 defendants, secured 20 criminal convictions, 4 civil settlements, and recovered more than $30 million in settlements, seizures, and restitution judgments.
One qui tam filed by a whistleblower tenant resulted in a settlement of over $300,000 with All Star Property Management to resolve claims that they falsely and fraudulently claimed hundreds of thousands of dollars in rent assistance intended to benefit struggling renters during the COVD-19 pandemic. The legal aid organization that brought the case, Northwest Justice Project, produced a short video about the case featuring the whistleblower and AUSA Fruchter.
“No matter the shape or scope of the scheme, Assistant United States Attorney Dan Fruchter is tireless in his pursuit to fight for the underdog and hold fraudsters accountable,” stated U.S. Attorney Waldref. “AUSA Fruchter has cemented the Eastern District of Washington as a district of choice for whistleblowers and relator’s counsel due to his strategic and tenacious approach to fighting fraud and white-collar crime. This award is a well-deserved honor.”
Yakima, Washington – On October 24, 2024, United States District Judge James L. Robart sentenced Leo John Yallup, age 38, of Wapato, Washington, to 10 years in federal prison for assaulting a federal officer with a deadly weapon. Judge Robart also imposed 3 years of supervised release.
According to court documents and information presented at the sentencing hearing, on March 2, 2023, four officers with a U.S. Marshals Service task force traveled to a house at 1161 Donald Wapato Road, in Wapato, Washington, to arrest Yallup on an outstanding warrant.
When Yallup saw the officers pull into his driveway, he took off running behind the house, pursued by the officers. At the back of the property, Yallup drew a firearm and pointed it at the officers. One of the officers fired his service weapon, hitting Yallup in the head, causing him to fall to the ground.
Officers handcuffed Yallup and began to render medical aid. During this process, officers turned Yallup on his back. As officers turned him over, they saw Yallup had been lying on the weapon he pointed at officers. The gun was loaded and had a live round in the chamber. Officers also discovered Yallup was armed with a second weapon in a shoulder holster.
“Mr. Yallup attempted to escape arrest, and in the process, pointed a loaded gun at federal officers, putting their lives, and the lives of others, at great risk,” stated Vanessa R. Waldref, United States Attorney for the Eastern District of Washington. “I am grateful for the brave men and women of law enforcement who put their lives on the line everyday to keep our communities safe and strong. My office will continue to hold offenders accountable to who threaten the safety of those who protect and serve the people of Eastern Washington.”
“A law enforcement officer does not want to shoot someone.” said Kelly M. Smith, Assistant Special Agent in Charge of the FBI’s Seattle field office. “However, Mr. Yallup left no other option when he drew his weapon and pointed it at officers. Fortunately, he lived and no officers were hurt. This case is a reminder of the personal sacrifice our law enforcement officers make on a daily basis.”
Craig Thayer, United States Marshal for the Eastern District of Washington commented, “Deputy U. S. Marshals in the Eastern District of Washington, and throughout the nation, serve thousands of federal, state, and local arrest warrants for the most violent offenders in the criminal justice system. They face extraordinary dangers in order to protect our communities while professionally, safely, and efficiently bringing these wanted persons before a court of law. When a wanted person, like Leo John Yallup, draws a firearm, and points it at law enforcement officers, those officers will apply necessary force to stop the threat. It should be noted that these Deputies immediately rendered aid to Yallup once his deadly threat was stopped. With his sentence today, he now faces the consequences of his violent behaviors. The fugitive apprehension mission is one of the primary responsibilities of the United States Marshals Service.”
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Courtney R. Pratten and Todd M. Swensen.
U.S. Attorney Waldref recorded a video statement that can be found here.