Environmental Protection Agency Criminal Investigation Division. Special Agent Benjamin Carr Special Agent Christopher Anderson

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1 Environmental Protection Agency Criminal Investigation Division Special Agent Benjamin Carr Special Agent Christopher Anderson

2 Title 18 Federal Criminal Code Criminal Enforcement Title 18 Federal Criminal Code Drinking Water Hazardous Waste Resource Conservation and Recovery Act (RCRA) Pesticides and Toxics Office of Criminal Enforcement Superfund Compensation and Liability Act (CERCLA aka Superfund) Emergency Planning and Community Right-to-know Act Federal Insecticide, Fungicide, and Rodenticide Act Oil Pollution Act Surface Water Air Pollution Ocean Dumping Act Safe Drinking Water Act Toxic Substances Control Act

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4 Mission Statement To identify, apprehend, prosecute and convict those who are responsible for the most significant and egregious violations of environmental law that pose substantial risks to human health and the environment.

5 Region 9 - California Criminal Investigation Offices San Francisco Area Office 75 Hawthorne Street, 7 th Floor Sacramento Resident Office 501 I Street, #9-800 Los Angeles Resident Office 600 Wilshire Boulevard, Suite 900 San Diego Resident Office 610 West Ash Street, #703

6 Special Agent Training Federal Law Enforcement Training Center 12 week Criminal Investigator Training Program Investigative Operations, Behavioral Science, Counter-Terrorism, Vehicle Training Firearms, Use of Force, Physical Techniques 8 week Environmental Investigators Basic Training Program 1 Year On-the-Job Training in Field Office

7 How do we decide? EPA-CID focuses investigative resources on cases that involve negligent, knowing or willful violations of federal environmental laws Knowledge of the specific statutes or regulations that prohibit the wrongful conduct is not required. When a violator is aware that the wrongful conduct is prohibited by law, the violation is said to be willful When deciding on which case(s) to open, we utilize investigative discretion and we tier our open leads on a 1-4 scale: 1 being the most serious / 4 being the least serious, that consider: deaths, serious injuries, pollutant type/frequency/duration of release; public utility disruptions/community evacuations/documented human exposure; restitution, remediation, mitigation and whether there was a Federal CERCLA response; the characteristics of the subject (number of employees, sales revenue/amount of illegally gotten gains); rank of the individual perpetrator and any prior formal civil enforcement or past criminal history

8 Where do we get our cases from? Leads Investigations Prosecutions 8 Get Leads from EPA offices, other federal, state, local agencies and citizens Evaluate over 1,500 leads/year Open about 20% as criminal investigations open Regional cases at a time Refer other leads for civil, administrative, or state/ local prosecution Around 90% of charged defendants convicted

9 Resources National Enforcement Investigations Center (Denver, CO) National Computer Forensics Laboratory and Technical Investigative Equipment Support Center (Jacksonville, FL) Criminal Investigation Division Co-located EPA Region 9 Field Operations Program & National Criminal Enforcement Response Team Regional Criminal Enforcement Counsel & OCEFT Legal Counsel Division

10 Special Agent Enforcement Authority Gather Evidence Warrants based on Probable Cause Grand Jury Subpoenas and Testimony Witness / Suspect Interviews Traditional Law Enforcement Techniques Civil Coordination Information sharing but not direction Parallel proceedings between Criminal and Civil More severe penalties Loss of freedom, i.e. JAIL TIME

11 Simpsons Video

12 Case Examples

13 Wassim Azizi / SFAO - Clean Air Act Asbestos Case Investigation began March, 2006 Lead from EPA Region 9 Asbestos Coordinator Allegation: In 2003, Wassim Azizi, the owner of a commercial building in Hayward, California, demolished the building without first removing the significant amount of Regulated Asbestos Containing Material (RACM) contained within Azizi knew it contained RACM - and Azizi lied to Bay Area Air Quality Management District inspectors about his knowledge that RACM was present in the building

14 Wassim Azizi / SFAO - Clean Air Act Asbestos Case Charges Filed in August, 2006 Azizi charged in a four count felony CAA indictment Adjudication: Trial against Azizi began May 5, 2008, and on May 13, 2008, Azizi was found guilty on all counts - on August 27, 2008, Azizi was sentenced to ten months incarceration

15 Wagner Construction / SDRO RCRA / CWA / CERCLA / Title 18 Investigation began March, 2005 Lead from local HAZMAT and Fire Department Allegation: Lakeside, CA - In March, 2005, a neighboring business to Wagner Construction called the Fire Department reporting a strong "solvent smell" emanating from a creek downstream from Wagner Construction Initial story was an inexperienced forklift operator accidently punctured one drum - investigation revealed that (5) fifty-five gallon drums containing toluene were intentionally crushed adjacent to the creek after having been punctured with a pickaxe

16 Wagner Construction / SDRO RCRA / CWA / CERCLA / Title 18 Charges Filed in November, 2007 Wagner Construction, Ivan Oliver and Guillermo Garcia charged in four count felony RCRA / CWA / CERCLA / Title 18 indictment Adjudication: January, 2008, Wagner Construction plead guilty to violating the CWA charge - March, 2008, sentenced to pay a $20,000 fine and $7,503 in restitution

17 Wagner Construction / SDRO RCRA / CWA / CERCLA / Title 18 Adjudication: June, 2008, Guillermo Garcia plead guilty to being an accessory after the fact to the RCRA disposal - Garcia was sentenced to 4 months of home confinement followed by 2 years probation and to pay a $1,000 criminal fine July, 2008, Ivan Oliver Garcia plead guilty to the RCRA disposal count of the indictment - Ivan Oliver was sentenced to 15 months incarceration followed by 2 years supervised release Guillermo Garcia Ivan Oliver Garcia

18 David Grummer / SDRO CAA / FIFRA / Title 18 Investigation began June, 2006 Lead from EPA Region 9 Pesticides Office Allegation: EPA Region 9 learned that David Grummer, via the website was offering to sell chlordane and DDT, both banned pesticides. Grummer claimed he shipped his products via FED-X Ground, in sealed five-gallon buckets. In joint EPA-CID, FBI, and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) undercover operations, Grummer later sold and shipped banned pesticides, along with CFC R-12, to undercover agents

19 David Grummer / SDRO CAA / FIFRA / Title 18

20 David Grummer / SDRO CAA / FIFRA / Title 18

21 David Grummer / SDRO CAA / FIFRA / Title 18

22 David Grummer / SDRO CAA / FIFRA / Title 18

23 David Grummer / SDRO CAA / FIFRA / Title 18 Clean Air Act 42 U.S.C. 7413(c)(1) and 40 C.F.R (m) Knowingly violating a requirement of the regulations on stratospheric ozone control

24 David Grummer / SDRO CAA / FIFRA / Title 18 Phone Call to Purchase Freon

25 David Grummer / SDRO CAA / FIFRA / Title 18

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27 David Grummer / SDRO CAA / FIFRA / Title 18 National Enforcement Investigations Center Analysis Field analysis revealed cylinder contained 100% R-12 Laboratory test confirmed R-12

28 David Grummer / SDRO CAA / FIFRA / Title 18 Unlawful Transportation of Hazardous Substances 49 U.S.C and 49 C.F.R Knowingly and willfully violating a requirement of the regulations regarding the transportation of hazardous substances

29 David Grummer / SDRO CAA / FIFRA / Title 18 Phone Calls for Freon Shipment

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33 Insert photos of opened package

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36 David Grummer / SDRO CAA / FIFRA / Title 18 Search Warrants Grummer s Office The Household Hazardous Waste Facility Grummer s Residence Grummer s Vehicle

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41 David Grummer / SDRO CAA / FIFRA / Title 18

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58 David Grummer / SDRO CAA / FIFRA / Title 18 Plea Agreement Count 1, FIFRA 7 U.S.C. 136j(a)(1)(A) and 136l(b)(1)(B) Count 2, CAA 42 U.S.C. 7413(c)(1) and 40 C.F.R (m) Count 3, HazMat Transportation 49 U.S.C and 49 C.F.R

59 David Grummer / SDRO CAA / FIFRA / Title 18 Charges Filed in April, 2008 Grummer charged via Information with misdemeanor FIFRA count, felony CAA count, felony HazMat transportation count and false statement Adjudication: Grummer plead guilty in April, 2008, to distributing unregistered pesticides, unlawful sale of refrigerants, and unlawful transportation of hazardous substances February, 2009, sentenced to 18 months incarceration, fined $3,000 and ordered to pay $92,410 in restitution

60 Lead-Based Paint Laws

61 Lead-Based Paint Laws

62 Code Enforcement Exercise Federal Environmental Crimes Identified by Code Enforcement Authorities

63 Point of Contact Jay M. Green Assistant Special Agent-in-Charge ,

64 Conclusion Questions and Discussion

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