Roy Marshall Agard, Supplying False Information To An Agency, Oregon 2016

Portland, OR – Roy Marshall Agard, owner of now-defunct Tomahawk Abatement, has been sentenced for knowingly providing false information to state regulators regarding asbestos handling practices. The case, stemming from an investigation initiated in 2013, highlights the dangers of improper asbestos abatement and the potential for fraudulent misrepresentation to authorities.

The Oregon Department of Environmental Quality (DEQ) launched an investigation into Tomahawk Abatement after concerns arose regarding the company’s work practices while handling Asbestos Containing Material (ACM). Asbestos, a known carcinogen, requires strict adherence to safety protocols during removal and disposal to protect both workers and the public. Investigators found evidence suggesting Tomahawk Abatement was not following these established procedures.

Agard was initially charged on August 29, 2013, with violations related to improper asbestos abatement. However, the case ultimately centered around Agard’s attempt to mislead investigators about the extent of the violations. Rather than addressing the safety concerns, authorities allege Agard supplied false information in an effort to conceal the deficiencies in Tomahawk Abatement’s practices.

After years of legal proceedings, Agard pled guilty on April 4, 2016, to one count of Supplying False Information To An Agency, a state-level offense. The plea brought an end to the criminal case, but serves as a stark reminder of the importance of transparency and accountability in environmental enforcement. The DEQ routinely inspects asbestos abatement companies to ensure compliance with state and federal regulations.

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Penalties and Legal Ramifications

Agard was sentenced to 18 months of probation and ordered to pay a $1,000 fine. The specific statute violated was Oregon Revised Statute (ORS) 468953, which addresses the provision of false information to state agencies. While the penalties in this case may appear relatively minor, the conviction carries significant implications for Agard’s future business endeavors and professional reputation. Furthermore, the case underscores the seriousness with which Oregon treats environmental crimes and attempts to obstruct investigations.

Key Facts

Defendant: Roy Marshall Agard
Company: Tomahawk Abatement (now defunct)
State: Oregon
Year: 2016
Charge: Supplying False Information To An Agency
Statute Violated: ORS 468953
Penalty: 18 months probation, $1,000 fine
Investigation Began: August 29, 2013
Plea Entered: April 4, 2016

GrimyTimes will continue to follow environmental crime cases in Oregon and across the nation, providing in-depth coverage of violations and their consequences. Readers are encouraged to report any suspected environmental wrongdoing to the appropriate authorities.

Source: EPA ECHO Enforcement Case Database

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