Carthage, MO – A Missouri man was sentenced to probation in 2010 after admitting to years of fraudulent backflow testing, defrauding businesses including the Butterball Company. Mitch Potter, formerly certified by the Missouri Department of Natural Resources (MDNR), continued to perform and bill for these critical safety inspections despite losing his certification in 2001.
According to court documents, Potter’s certification lapsed after failing to complete the required re-certification process. However, from 2001 through August 2009, Potter allegedly fabricated an MDNR certification card and an accompanying letter to falsely represent his credentials to clients. Backflow prevention assemblies are vital to protecting potable water supplies from contamination, and accurate testing is legally mandated for both residential and commercial properties.
The scheme came to light after an investigation revealed Potter had submitted invoices to Butterball Company of Carthage, Missouri, for backflow tests he was no longer legally authorized to perform. The company remitted payment for these services, and those funds were then transmitted through the U.S. Postal System – establishing federal jurisdiction alongside the state charges. While the initial investigation focused on the falsified certifications, the use of the postal service added an element of interstate commerce to the offense.
Legal Ramifications
On April 23, 2010, Potter was formally charged with one count of felony forgery under Missouri state law. The specific statute violated was 570090, related to the falsification of official documents. Forgery, depending on the value of the fraudulent claims, carries a potential prison sentence and significant fines. In this case, Potter ultimately pleaded guilty to the charge on November 16, 2010, and received a sentence of 36 months of supervised probation. The terms of his probation were not immediately disclosed.
Investigation & Aftermath
The MDNR played a crucial role in uncovering the fraudulent activity, initially identifying discrepancies in reported test data. The agency collaborated with local authorities to build the case against Potter. This incident highlights the importance of verifying credentials for all contractors performing regulated services. Businesses relying on backflow test results may need to re-verify past inspections conducted by Potter to ensure compliance with safety regulations.
Key Facts
- Defendant: Mitch Potter
- State: Missouri
- Year of Offense: 2001-2009
- Crime: Felony Forgery (Missouri Statute 570090)
- Victim: Butterball Company, and potentially other residential/commercial entities
- Penalty: 36 months probation
- Method: Forged MDNR certification card and letter to conduct illegal backflow tests.
- Interstate Commerce: Use of the U.S. Postal System to receive fraudulent payments.
GrimyTimes will continue to follow this case and report on any further developments. Readers are encouraged to report any suspected instances of fraudulent contracting or safety violations to their local authorities.
Source: EPA ECHO Enforcement Case Database
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