Federal prosecutors request that Lawrence developer Thomas Fritzel serve at least 33 months in prison for asbestos violations

photo by: Nick Krug

Thomas S. Fritzel leaves the Frank Carlson Federal Courthouse in Topeka, Kan. on Tuesday, Aug. 14, 2018.

Federal prosecutors are calling for Lawrence developer Thomas Fritzel to face at least 2.75 years in prison and a minimum fine of $15,000 for illegal disposal of asbestos during a construction project.

In a sentencing memorandum filed this week in U.S. District Court, federal prosecutor Richard Hathaway requested that the court sentence Fritzel to a prison term between 33 and 41 months and a fine between $15,000 and $150,000. Fritzel was found to have violated the federal Clean Air Act and federal asbestos regulations related to asbestos disposal at the former Alvamar Country Club, now known as the Jayhawk Club.

On July 30, a jury took about two hours to find Fritzel guilty on three counts related to the disposal of material containing asbestos, a hazardous material that has been linked to cancer, during remodeling work at Alvamar in 2016. Fritzel was found guilty of knowingly failing to notify environmental agencies prior to removing asbestos material, knowingly failing to wet asbestos before removing it from the construction site and knowingly failing to dispose of asbestos waste in leak-tight containers.

Hathaway states in the sentencing memorandum that any consideration of the circumstances warrants a stiff sentence. He states in part that Fritzel exhibited a cavalier willingness to deceive regulatory inspectors and a callous disregard for the health and safety of his renovation crew and for the public.

Hathaway filed the sentencing memorandum on Monday, and Fritzel’s defense attorneys have not yet filed a response.

Fritzel is scheduled to be sentenced Feb. 20 in the asbestos case. He is facing a maximum of seven years in federal prison and a fine of up to $500,000 in relation to the three asbestos disposal charges, according to a previous news release from the U.S. attorney’s office.

The asbestos case is a separate case from a felony fraud case. In that case, Fritzel was indicted on charges of scheming to collect more than $400,000 in fraudulent tax refunds from the City of Lawrence. That case was tentatively set to go to trial this month, but Fritzel pleaded guilty to the charges on Jan. 9. As part of the plea agreement, both parties agreed to recommend a sentence of 12 months and a day in federal prison and a fine of up to $250,000, as the Journal-World reported. Sentencing is scheduled for May 4.


More coverage: Thomas Fritzel asbestos trial

● July 30, 2019 — Lawrence developer Thomas Fritzel found guilty of improperly disposing of asbestos

● July 29, 2019 — Witness: Purchase contract for Alvamar says site did not contain asbestos, indemnified Lawrence developer Thomas Fritzel

● July 26, 2019 — Witnesses say truckloads of debris were removed from Alvamar site after potential for asbestos was known

● July 25, 2019 — Witnesses say they tried to inform Lawrence developer Thomas Fritzel and others about asbestos ahead of demolition

● July 24, 2019 — Contrasting stories emerge as trial begins against Lawrence developer Thomas Fritzel on asbestos charges