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.
Richland, Washington - On September 19, 2024, a federal grand jury for the Eastern District of Washington returned an indictment charging Zhangbo Liang, age 24 and Linda You, age 20, with ten criminal counts for fraud as well as trafficking and transporting stolen and counterfeit items. Liang made his first appearance in federal court in the Western District of Washington on September 30, 2024. You made her first appearance in federal court in the Eastern District of Washington on October 24, 2024.
The indictment alleges beginning no later than January of 2024, Liang and You were involved in a scheme where they would purchase authentic iPads from Target stores in the Eastern District of Washington and elsewhere, remove them from their boxes, place counterfeit iPads in the boxes, then reseal the boxes. Liang and You would then return the counterfeit iPads and receive a refund on a Target gift card. Liang and You would use the gift cards to allegedly purchase additional items from Target, including more iPads they would replace with counterfeit goods for subsequent returns.
According to the indictment, between January 2024 and June 2024, Liang and You returned at least 140 iPads to Target stores and fraudulently obtained a net refund amount of at least $163,000.
“Fraudulent schemes that involve stolen and counterfeit items harm businesses and lead to increased prices for everyone. Our fraud prosecutors, working closely with our law enforcement partners, will continue to aggressively target fraudsters who attempt to scam businesses and individuals to line their own pockets,” said U.S. Attorney Vanessa Waldref.
The case was referred for federal investigation by the Washington Attorney General’s Office Organized Retail Crime Task Force and the Skagit County Prosecuting Attorney’s Office, highlighting the important and successful partnership between federal and state law enforcement agencies to address organized retail crimes.
This case is being investigated by Homeland Security Investigations. This case is being prosecuted by Assistant United States Attorney Jeremy J. Kelley.
U.S. Attorney Waldref released a video statement that can be viewed here.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
4:24-cr-06024-SAB
Spokane, Washington - Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today Ryan Hugh Milliken and his company, Hardaway Solutions, LLC (Hardaway), pleaded guilty to Conspiracy to Violate the Clean Air Act. Milliken is scheduled to be sentenced on January 22, 2024 at 10:30 a.m., in Spokane, Washington.
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.
Based on the plea agreement accepted by the court and information disclosed during court proceedings, between August 2017 and November 2023, Milliken and Hardway created and sold illegal “delete tune” files designed to disable and defeat required emissions controls and monitoring systems. According to the Plea Agreement and information disclosed during court proceedings, Milliken and Hardway created and sold these “delete tune” files for specific customers and vehicles and their specifications, including for numerous Spokane-based trucking companies and their owner, Pavel Ivanovich Turlak, who is also charged in the Indictment that names Milliken and Hardway.
“Mr. Milliken had an illegal business built around defeating important safeguards regulating the amount of emissions from diesel engines,” stated U.S. Attorney Waldref. “These safeguards are critical to protecting public health and a safe environment. I am grateful to investigators with the Environmental Protection Agency Criminal Investigation Division, technical experts with EPA’s National Enforcement Investigations Center, and prosecutors in my office who work to achieve environmental justice and make Eastern Washington a clean, safe place to live and work.”
This case was investigated by the EPA’s Criminal Investigation Division with assistance from EPA’s National Enforcement Investigations Center, the Small Business Administration, Office of Inspector General, and the Spokane Police Department. Assistant United States Attorneys Dan Fruchter and Jacob E. Brooks are prosecuting the case.
While Ryan Milliken and Hardway have pled guilty and those pleas have been accepted by the court, the indictment as to Pavel Turlak 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-00057-TOR
PR 19-24
BONNEVILLE POWER ADMINISTRATION
FOR IMMEDIATE RELEASE Wednesday, October 23, 2024
CONTACT: Kevin Wingert, BPA, 971-207-8390 or 503-230-5131
Michael-David Bushman, Yakama Nation Fisheries, 509-865-5121 ext. 6345
Upgrades to Klickitat Hatchery to increase spring Chinook salmon
Work will shift hatchery production to incorporate natural-origin broodstock
and boost smolts from 600,000 to 800,000 annually
Portland, Ore. – Members of the Yakama Nation, Washington Department of Fish and Wildlife, NOAA Fisheries, and the Bonneville Power Administration gathered at a hatchery nestled in the 42-river mile of the Klickitat River on October 11 to celebrate the construction, now underway, of upgrades intended to boost the population and resilience of spring Chinook salmon in the river basin.
The Klickitat Hatchery was originally constructed in 1949 and is operated by the Confederated Tribes and Bands of the Yakama Nation to rear spring and fall Chinook as well as late-run coho salmon. BPA is spending roughly $35 million to upgrade several components of the hatchery still operating with 75-year-old equipment. That work is focused on improving the spring Chinook population, with plans to increase juvenile production from 600,000 to 800,000 annually.
“BPA is funding the upgrades to enable the Yakama to move from exclusively using hatchery-raised fish for broodstock to incorporate natural-origin broodstock,” said Jason Sweet, executive manager of BPA’s fish and wildlife program. “By integrating natural-origin broodstock, we expect to see greater fitness, production and survival of these salmonids.”
These capital improvements help to fulfill commitments BPA made in the 2008 Columbia Basin Fish Accords Memorandum of Agreement and its subsequent extensions. The project is part of BPA’s ongoing efforts to mitigate the effects of the Federal Columbia River Power System on fish and wildlife in the mainstem Columbia River and its tributaries.
The importance of the event was not lost on the chairman of the Yakama Nation, Gerald Lewis.
"A wonderful day – the sun bearing witness, birds singing, as everyone was there to celebrate with the tribe for 20 years of holding the hatchery together,” Lewis said. “The words spoken by BPA, NOAA, WDFW, BIA, Klickitat County and by YN helped preserve all the work done by the entities coming together as one. The tribe never gave up on our resource of Spring Salmon, Steelhead, Coho and Lamprey. Now with the Fish Accord Agreement, BPA and the Yakama Nation have come together to rebuild the aging hatchery to better support fisheries across the Northwest.
“It is only through prayer and song that Yakama can keep the resources going forward as Elders have been saying since the demise of Celilo. With the help of other entities, we are making progress on our natural resources.”
Other key supporters of the Yakama/Klickitat Fisheries Project were on hand for the celebration as well, including Klickitat County, Bureau of Indian Affairs and the Northwest Power and Conservation Council.
Construction on the upgrades at Klickitat Hatchery began in September and include:
Work on the upgrades is expected to be completed in June of 2026 with the first yearlings released from the upgraded facilities in May of 2027.
About BPA
The Bonneville Power Administration, headquartered in Portland, Oregon, is a nonprofit federal power marketer in the U.S. Department of Energy that sells wholesale, carbon-free hydropower from 31 federal dams in the Columbia River Basin. It also markets the output of the region’s only nuclear plant. BPA delivers this power to more than 140 Northwest electric utilities, serving millions of consumers and businesses in Washington, Oregon, Idaho, western Montana and parts of California, Nevada, Utah and Wyoming. BPA also owns and operates more than 15,000 circuit miles of high-voltage power lines and 261 substations, and provides transmission service to more than 300 customers. In all, BPA provides nearly a third of the power generated in the Northwest. To mitigate the impacts of the federal dams, BPA implements a fish and wildlife program that includes working with its partners to make the federal dams safer for fish passage. It also pursues cost-effective energy savings and operational solutions that help maintain safe, affordable, reliable electric power for the Northwest. www.bpa.gov
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Spokane, Washington – On October 23, 2024, United States District Judge Thomas O. Rice sentenced James Edward Kensler, age 45, of Spokane, Washington to 60 months in prison for violently assaulting his girlfriend. Judge Rice also imposed 3 years of supervised release. At the time of the offense, Kensler was on federal supervised release. As a penalty for the supervised release violation, Judge Rice imposed a penalty of 18 months which will be served consecutively to the 60-month sentence imposed in this case.
According to court documents and information presented during proceedings in the case, Kensler was with his girlfriend at the Northern Quest Resort & Casino in May 2024. Kensler, who is an enrolled member of the Confederated Tribes of the Colville Reservation, grabbed his victim by the back of the head and threw her on the ground with such force that the impact of her head hitting the couch moved two couches and a table forward.
Kensler then chased his victim through the resort. When Kensler caught his victim, he again threw her to the ground, attempted to stomp on her face, punched her in the face, slapped her, and hit her with his knee. When Kensler’s victim attempted to escape a second time, he again pursued her and threw her into a closed elevator door.
In the resort parking lot, Kalispel Tribal Police Officers apprehended Kensler and provided aid to his victim. Officers noted the victim’s face was swollen and that she had multiple scrapes.
“Mr. Kensler violently and repeatedly assaulted his victim, causing her severe injuries. Furthermore, Mr. Kenlser had a history of domestic violence offenses and was on federal supervised release at the time of this latest assault,” stated U.S. Attorney Vanessa Waldref. “Focusing our prosecutions on repeat offenders and those with prior domestic violence convictions is one of our strategies to support community safety and address the root causes underlying the MMIP crisis. My office is committed to working with our partners in Tribal and Federal law enforcement to secure justice for all victims and to build safer and stronger communities on Tribal lands and throughout Eastern Washington.”
“When Mr. Kensler was taken into custody, he was treated respectfully.” said Kelly M. Smith, Assistant Special Agent in Charge of the FBI’s Seattle field office. “The same cannot be said of how he treated his girlfriend. This case demonstrates successful partnerships, as in this case with the Kalispel Tribal Police, we can help reduce violent crime on our state’s reservations.”
“We are committed to the safety and security of our guests,” said Police Chief Rodney Schurger of the Kalispel Tribal Police Department. “Our officers responded swiftly to this violent incident and worked closely with the FBI to ensure that justice was served.”
“The safety of our guests, Tribal Members, and team members is our top priority,” said Kalispel Tribal Council Vice Chair Curt Holmes. “Domestic violence and other violent crimes are growing concerns across the nation and in the Spokane region. We are thankful for the prompt actions of our Tribal Police Department and the FBI’s involvement in this case. We also appreciate the U.S. Attorney’s Office for their dedication to prosecuting violent offenders like Mr. Kensler and helping to keep our communities safe.”
This case was investigated by the FBI and the Kalispel Tribal Police. This case was prosecuted by Assistant United States Attorney Michael J. Ellis.
2:24-cr-00074-TOR
When: October 24 – 31
Where: Virtual via Zoom, or
In person at the BLM Ashland Field Office, Oregon
Who: Emma Busk, Wildlife Technician
Contact: Jeanne Panfely, jpanfely@blm.gov
Ashland, Ore. – The Bureau of Land Management’s annual Bat Beauty Contest returns! Your local Oregon bats are here to defend their crown and try to take home the top prize for the third year in a row.
Each October, the BLM hosts a beauty contest to find the most stunning bat photographed on BLM public lands across the county. The event begins on October 24 and ends on Halloween. It also coincides with International Bat Week, which raises awareness about bat conservation and the essential role bats play in the natural world.
This year, there are two Oregon bats participating in the contest! Hoary Potter, a male hoary bat with a feisty personality, will compete in the first round of the contest October 24. Honey Bunches of Myotis, a long-eared myotis bat, will compete in the second round of the contest October 25.
The BLM manages more than 245 million acres of public land, located primarily in 11 western states and Alaska. Those other states are working hard to end the batty three-peat. You can help Oregon bring home the crown by voting on the BLM National Facebook page or the BLM National Instagram page.
Last year, William ShakespEAR, a female Townsend’s big-eared bat from Butte Falls, took home the crown on the afternoon of October 31. During the final round, she beat out Gizmo, an Allen's Big-Eared Bat. William was photographed by Emma Busk, BLM wildlife technician.
The year before, the BLM crowned Barbara, a canyon bat from Lake County, the 2022 Bat Beauty Contest Winner. Barbara was photographed by Kate Yates, BLM wildlife biologist.
Both of this year’s bats were photographed by Busk.
“It’s important that we fact check what we think we know about bats,” said Busk. “There are a lot of myths around bats, but they’re amazing wildlife and they contribute so much to our ecosystem.”
Bats play an essential role in Oregon. All bats in the Pacific Northwest are insectivorous, meaning they rid our world of pests like mosquitos, beetles, and moths. Just one bat can eat up to 1,200 mosquitoes in an hour!
Want to do your part? As we head into winter, avoid exploring mines and caves where bats may be hibernating.
“In your own backyard, you can have a bat house!” said Emma. “It’s a shelter that helps protect bats during the winter. You can also make your garden more bat friendly by planting native flowers to attract insects and turning off any unnecessary lights. Light pollution is not great for bats."
Want to get involved? Follow the Bureau of Land Management Oregon/Washington on Facebook (@BLMOregonAndWashington) or Instagram (@BLMOregonWashington). We’ll be sharing how you can vote for Hoary Potter and Honey Bunches of Myotis and support your native Oregon species!
-BLM-
The BLM manages more than 245 million acres of public land located primarily in the 11 Western states and Alaska. The BLM also administers 700 million acres of sub-surface mineral estate throughout the nation. In fiscal year 2018, the diverse activities authorized on BLM-managed lands generated $105 billion in economic output across the country. This economic activity supported 471,000 jobs and contributed substantial revenue to the U.S. Treasury and state governments, mostly through royalties on minerals.