A Colorado man was sentenced in 2005 for his role in a fraudulent asbestos removal scheme that forced the closure of a local high school and left the school district reeling from over $5 million in cleanup costs. David Eugene Backus, 51 at the time of sentencing, pleaded guilty to mail fraud and received an 18-month prison sentence for his involvement in the dangerous and costly operation.
The case, investigated by the Environmental Protection Agency’s Criminal Investigation Division, revealed that Backus was instrumental in the improper and illegal removal of asbestos from the high school building. Asbestos, a known carcinogen, was discovered throughout the school – in student lockers, on walls, and within classrooms – triggering an immediate evacuation and a comprehensive, expensive remediation effort. The contamination posed a significant health risk to students, faculty, and staff.
Backus was initially charged on March 15, 2001. The investigation uncovered that Backus knowingly misrepresented his qualifications and the proper procedures for asbestos abatement, prioritizing profit over safety. He failed to adhere to federal and state regulations governing the handling and disposal of hazardous materials, creating a public health hazard and a substantial financial burden for the school district. The use of the mail system to bill for these fraudulent services is what brought the case under federal jurisdiction.
Legal Ramifications
Backus was found to have violated Title 18 U.S. Criminal Code, specifically 18 U.S.C. 1341 – Mail Fraud. This federal statute prohibits the use of the postal service to execute a scheme to defraud. The penalty for violating 18 U.S.C. 1341 can include a fine of up to $250,000 for individuals, a prison sentence of up to 20 years, or both. In Backus’s case, he received an 18-month incarceration term, followed by 36 months of supervised probation.
Financial Impact & Restitution
Beyond the immediate danger to public health, the school district faced a staggering $5 million-plus bill for the complete cleanup and remediation of the asbestos contamination. The closure of the school disrupted the education of hundreds of students and placed a strain on the community. As part of his sentence, Backus was ordered to pay $15,800 in restitution to the school district, a fraction of the total cost but a step toward accountability.
Key Facts
- Defendant: David Eugene Backus
- Crime: Asbestos Fraud, Mail Fraud
- State: Colorado
- Year: 2005
- Statute Violated: 18 U.S.C. 1341 (Mail Fraud)
- Sentence: 18 months incarceration, 36 months probation
- Restitution: $15,800 to the school district
- Cleanup Costs: Over $5 million
This case serves as a stark reminder of the dangers of improper asbestos handling and the serious consequences for those who prioritize profit over public safety. The EPA continues to aggressively pursue criminal enforcement actions against individuals and companies that violate environmental regulations and endanger communities.
Source: EPA ECHO Enforcement Case Database
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