Date: 08-29-2018

Case Style:

Case Number: 3:17-cr-05269-RJB

Judge: Robert J. Bryan

Court: United States District Court for the Western District of Washington (Pierce County)

Plaintiff's Attorney: Seth Wilkinson and Benjamin Diggs

Defendant's Attorney: Jerome Kuh and Linda R. Sullivan - FPD

Description: Tacoma, WA - Prominent Southwest Washington Fishing Guide Sentenced to One Year in Prison for Disability Fraud Scheme
Defendant Claimed he was Disabled and Unemployed at the Same Time he Ran a Successful Business Featured in Magazines, Online and on the Radio

A prominent Southwest Washington fishing guide was sentenced today in U.S. District court in Tacoma to twelve months and one day in prison for a long running disability fraud scheme, announced U.S. Attorney Annette L. Hayes. BILLY JIM SWANN, 53, was convicted on March 29, 2018, following a three-day trial before U.S. District Judge Robert J. Bryan. Judge Bryan found SWANN guilty of perjury, wire fraud, and Social Security fraud for his 8-year scheme to obtain disability benefits to which he was not entitled. At the sentencing hearing, Judge Bryan said described SWANN’s activity as a “nefarious scheme” to “lie to get money from the federal government.”

According to records filed in the case and testimony at trial, SWANN applied for Social Security disability benefits in 2006, claiming that he had been disabled and unable to work since 2003. When Social Security denied his claim, SWANN appealed and swore before an administrative law judge that his only work activity was as a volunteer for a few weeks in the summer at an Alaska fishing camp. When SWANN’s claims for disability benefits were again denied, SWANN filed an appeal in U.S. District Court, again with numerous false claims about his alleged disabilities. SWANN claimed his disability interfered with his ability to walk, climb stairs and use his hands, and that he needed a cane to walk. SWANN claimed that the accident that caused his disability in 2003, also caused cognitive problems, limiting his ability to carry on a conversation.

Contrary to his claims, between 2006 and 2014, SWANN had a busy and successful business known as Swanny’s Guided Fishing. SWANN offered guided fishing trips in Washington, Oregon, Idaho and Alaska. SWANN was featured on the cover of Northwest Sportsman Magazine, was sponsored by numerous outdoor equipment brands, and was a regular guest on fishing shows carried on the radio. In 2012, the year he told an administrative law judge that he had not worked at all, SWANN earned $92,503 via his fishing guide business. Investigators also found that, throughout this period, SWANN failed to pay any state or federal taxes on his income from his fishing guide business.

SWANN’s applications for benefits were repeatedly denied by the Social Security Administration. Had SWANN been successful in his scheme, he and his family would have collected more than $200,000 in benefits.

The fraud scheme was uncovered following a 2016 investigation of SWANN’s illegal conduct on the Cowlitz River. On October 1, 2014, SWANN led a promotional fishing trip on the Cowlitz River. The trip was broadcast over the internet. SWANN encouraged his clients to catch two native Coho salmon protected by the Endangered Species Act and Washington law. After his clients landed the fish, SWANN clubbed both of them and then cut off the adipose fins to make it appear they were hatchery fish and therefore legal to catch and keep. However, evidence of the catching and clubbing of the wild and protected fish was caught on the web broadcast, and the illegal conduct was reported to the Washington State Department of Fish and Wildlife. SWANN entered a guilty plea to violating the Endangered Species Act. In March 2017, SWANN was fined $7,500 for the federal misdemeanor conviction.

This case was investigated by the Social Security Administration Office of Inspector General (SSA-OIG) and NOAA Fisheries Office of Law Enforcement.

The case is being prosecuted by Assistant United States Attorney Seth Wilkinson and Special Assistant United States Attorney Benjamin Diggs.

Charges:

Wire Fraud 18:1343 and Section 2
(1)

Social Security Fraud 42:408(a)(4) and 18:2
(4)

Perjury 18:1621(a)(2) and Section 2
(5)

Outcome: Custody = 12 months and 1 day; supervised release = 3 years; fine waived; SPA = $300

Plaintiff's Experts:

Defendant's Experts:

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