USA v. Breithaupt et al

PROB 12CReport Date: November 26, 2024
(6/16)
United States District Court
for the
Eastern District of Washington
Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: Michelle M. ZatCase Number: 0980 2:22CR00133-TOR-2
Address of Offender: , Airway Heights, Washington 99001
Name of Sentencing Judicial Officer: The Honorable Thomas O. Rice, U.S. District Judge
Date of Original Sentence: September 20, 2023
Original Offense: Conspiracy to Commit Bank Fraud, 18 U.S.C. § 1349
Original Sentence:Prison - 24 months
TSR - 60 months
Type of Supervision: Supervised Release
Asst. U.S. Attorney:Earl Allan HicksDate Supervision Commenced: May 17, 2024
Defense Attorney:Federal Defender’s Office Date Supervision Expires: May 16, 2029
PETITIONING THE COURT
To incorporate the violations contained in this petition in future proceedings with the violations previously reported
to the Court on 11/05/2024.
On May 21, 2024, an officer with the U.S. Probation Office in Spokane, Washington, reviewed a copy of the
conditions of supervision with Michelle Zat, as outlined in the judgment and sentence. She signed the judgment
acknowledging the requirements.
The probation officer believes that the offender has violated the following conditions of supervision:
Violation Number
2
Nature of Noncompliance
Special Condition #7: You must not enter into or remain in any establishment where alcohol
is the primary item of sale. You must abstain from alcohol and must submit to urinalysis and
Breathalyzer testing as directed by the supervising officer, but no more than 6 tests per
month, in order to confirm continued abstinence from this substance.
Supporting Evidence: On or about November 14, 2024, Michelle Zat allegedly violated
special condition number 7, by consuming alcohol.
On November 15, 2024, the offender was subject to phase urinalysis testing at Pioneer
Human Services (PHS), and provided a urine sample that was presumptive positive for ethyl
glucuronide (ETG). Unbeknownst to Mrs. Zat, the U.S. Probation Office recently began
utilizing equipment that allows urine samples to be tested for the presence of ETG, the direct
metabolite of ethanol, which is the main component of alcohol.
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Nov 26, 2024
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Prob12C
Re: Zat, Michelle M.
November 26, 2024
Page 2
The offender denied consuming alcohol and signed a denial of use form. She subsequently
contacted this officer, while still at PHS, insisting she had consumed Nyquil because she had
been having trouble sleeping; she suggested that because Nyquil contains approximately
10% alcohol it was likely the reason for the false-positive. The undersigned explained that
if she had in fact consumed Nyquil as prescribed, it would likely not be enough alcohol to
test positive during urinalysis testing.
Mrs. Zat then stated she had been “drinking” Nyquil from about 3:30 p.m. to 9:30 p.m. for
the last 7 days because she was having difficulty sleeping. This officer pointed out Nyquil
is not recommended to be consumed in that manner, and as such, her consumption of Nyquil
would be considered a violation of her supervision conditions.
Because the offender had denied consuming alcohol while at PHS, the urine sample she
provided on November 15, 2024 was sent to the laboratory for additional testing. On
November 26, 2024, this officer received the laboratory results confirming the urine sample
provided by the offender on November 15, 2024, was confirmed to be positive.
3
Special Condition #8: You must abstain from the use of illegal controlled substances, and
must submit to urinalysis and sweat patch testing, as directed by the supervising officer, but
no more than 6 tests per month, in order to confirm continued abstinence from these
substances.
Supporting Evidence: On or about November 19, 2024, Michelle Zat allegedly violated
special condition number 8, by failing to report for phase urinalysis testing when her
assigned color was identified for testing.
On November 20, 2024, the undersigned officer received notification from PHS that the
offender had failed to report for phase urinalysis testing on November 19, 2024, when her
assigned color was identified for testing.
4
Special Condition #7: You must not enter into or remain in any establishment where alcohol
is the primary item of sale. You must abstain from alcohol and must submit to urinalysis and
Breathalyzer testing as directed by the supervising officer, but no more than 6 tests per
month, in order to confirm continued abstinence from this substance.
Supporting Evidence: On or about November 19, 2024, Michelle Zat allegedly violated
special condition number 7, by consuming alcohol.
On November 20, 2024, the undersigned contacted Mrs. Zat in response to her failure to
report for phase urinalysis testing the day prior, on November 19, 2024; she was
subsequently instructed to report to the U.S. Probation Office for random urinalysis testing.
Later that date, on November 20, 2024, the offender reported to the U.S. Probation Office
as instructed. Prior to submitting to random urinalysis testing, Mrs. Zat admitted to the use
of alcohol (whiskey to be specific), the night before, on or about November 19, 2024. She
signed an admission of use form confirming that use.
The offender then submitted to random urinalysis testing and provided a urine sample that
was presumptive positive for ETG.
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Prob12C
Re: Zat, Michelle M.
November 26, 2024
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Special Condition #7: You must not enter into or remain in any establishment where alcohol
is the primary item of sale. You must abstain from alcohol and must submit to urinalysis and
Breathalyzer testing as directed by the supervising officer, but no more than 6 tests per
month, in order to confirm continued abstinence from this substance.
Supporting Evidence: On or about November 21, 2024, Michelle Zat allegedly violated
special condition number 7, by consuming alcohol.
On the morning of November 22, 2024, this officer received a text message from the
offender’s husband stating that she was headed to the probation office as instructed by the
undersigned. That was odd considering the undersigned officer was not in the office on that
date, and thus, Mrs. Zat had not been instructed to report.
Shortly after 12 p.m. on that date, probation office staff confirmed Mrs. Zat had not reported
as expected. At approximately 12:27 p.m., the undersigned contacted the offender and she
sounded to be under the influence. This officer asked her if she was planning to report to the
probation office and she responded she had not been instructed to, so this officer inquired
about why she would have told her husband that she was.
During that conversation with Mrs. Zat, on November 22, 2024, this officer asked if she had
been drinking alcohol. She adamantly denied having consumed alcohol since her last
admitted use on or about November 19, 2024. The offender was then instructed to report to
the U.S. Probation Office for random urinalysis testing.
Mrs. Zat suggested she would test positive for ETG because she had consumed alcohol on
November 19, 2024, but the undersigned assured the offender that if the urine sample tested
positive, this officer would contact the laboratory and request an interpretation. It was
explained to Mrs. Zat that a laboratory interpretation could determine whether or not there
was additional use based on the concentration levels of ETG in her urine samples.
At that point, the offender admitted to consuming alcohol on or about November 21, 2024,
and she was instructed to immediately report to the probation office to sign an admission of
use form. Because the undersigned had concerns she was intoxicated, Mrs. Zat was
instructed to get a ride to the office.
On November 22, 2024, the offender reported to the U.S. Probation Office. According to the
probation officer that met with Mrs. Zat, she smelled very strongly of alcohol, was loud and
unstable on her feet. The offender subsequently submitted to urinalysis testing and provided
a urine sample that was once again positive for ETG. She signed an admission of use form
confirming her use to the assigned officer.
The U.S. Probation Office respectfully recommends the Court to incorporate the violations contained in this petition
in future proceedings with the violations previously reported to the Court.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on:11/26/2024
s/Amber M.K. Andrade
Amber M.K. Andrade
U.S. Probation Officer
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