EPA s CRIMINAL INVESTIGATION DIVISION
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1 EPA s CRIMINAL INVESTIGATION DIVISION TARA DONN SPECIAL AGENT, DENVER AREA OFFICE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY USEPA-CID ENVIRONMENTAL CRIMES 1
2 Introduction Title 18 United States Code Sec specifically authorizes EPA-CID Special Agents to: Carry firearms, Execute any warrants, Make arrests for any offense against the United States committed in the agent s presence, Felony offenses with probable cause USEPA-CID ENVIRONMENTAL CRIMES 2
3 EPA Criminal Investigation Division ~ 200 Special Agents nationwide In each EPA Region is a CID Area Office (AO) supervised by a Special Agent in Charge (SAC) and Assistant Special Agent in Charge (ASAC) 47 Field Offices (incl. 10 Area Offices) in 38 states USEPA-CID ENVIRONMENTAL CRIMES 3
4 Office of Criminal Enforcement Forensics and Training (OCEFT) National Enforcement Investigations Center (NEIC) Criminal Investigation Division (CID) Legal Counsel Division (LCD) Homeland Security Division (HSD) AREA OFFICES (AO) Training Branch Investigations Branch Operations Branch Boston New York Philadelphia Atlanta Chicago National Computer Forensics Laboratory (NCFL) Field Investigations Team Center for Strategic Environmental Enforcement (CSEE) Dallas Kansas City Denver San Francisco Seattle
5 BOSTON (R1) New Haven, CT NEW YORK (R2) Syracuse, NY Trenton, NJ San Juan, PR PHILADELPHIA (R3) Herndon, VA RO Baltimore, MD RO Charleston, WV ATLANTA (R4) Nashville, TN Louisville, KY Charlotte, NC Knoxville, TN Jackson, MS Miami, FL Tampa, FL Gulf Breeze, FL CHICAGO (R5) Minneapolis, MN Indianapolis, IN Cleveland, OH Detroit, MI DALLAS (R6) Baton Rouge, LA Houston, TX KANSAS CITY (R7) St. Louis, MO DENVER (R8) Helena, MT Salt Lake City, UT EPA CID Area & Resident Offices SAN FRANCISCO (R9) Sacramento, CA Honolulu, HI Los Angeles, CA Phoenix, AZ San Diego, CA SEATTLE (R10) Anchorage, AK Portland, OR Boise, ID
6 EPA s CRIMINAL INVESTIGATION DIVISION USEPA-CID ENVIRONMENTAL CRIMES 6
7 Criminal Case Pipeline Leads Investigations Prosecutions In FY 2010, CID opened 1824 leads About 19% (348) were opened as investigations; the remainder were closed or referred About 60% (208) of cases opened were prosecuted with indictment USEPA-CID ENVIRONMENTAL CRIMES 7
8 CID Investigative Portfolio Distribution of Open Cases by Media 21% 1% 2% 1% 1% 14% 9% 22% 29% Air Water Hazardous Waste SDWA CERCLA Pesticide TSCA Other Environmental General Crimes USEPA-CID ENVIRONMENTAL CRIMES 8
9 Criminal Enforcement Results - FY 2010 Incarceration: 72 Years Fines (approx): $35,355,411 Restitution: $5,279,176 Probation: 461 Years Currently 784 open cases nationwide USEPA-CID ENVIRONMENTAL CRIMES 9
10 Investigative Discretion Criteria 1. Harm 2. Threat of Significant Harm 3. Failure to Report 4. Illegal Conduct Represents a Trend or Common Attitude 5. History of Repeated Violations USEPA-CID ENVIRONMENTAL CRIMES 10
11 Investigative Discretion Criteria 5. Deliberate Misconduct Resulting in Violation 6. Concealment of Misconduct or Falsification of Records 7. Tampering with Monitoring or Control Equipment 8. Business Operating Pollution Related Activities Without a Permit, License, Manifest USEPA-CID ENVIRONMENTAL CRIMES 11
12 ENVIRONMENTAL LAW ENFORCEMENT Environmental investigations typically include Title 18 offenses as well as environmental statutes: False Statements (18 USC 1001) Mail Fraud (18 USC 1341) Wire Fraud (18 USC 1343) Conspiracy (18 USC 371) Obstruction of Justice (18 USC ) USEPA-CID ENVIRONMENTAL CRIMES 12
13 INVESTIGATION OF ASBESTOS CRIMES
14 CAA Criminal Statutes 42 U.S.C (c)(1) Any person who knowingly violates any requirement or provision of NESHAP shall be punished by a fine pursuant to Title 18, or imprisonment not to exceed five (5) years, or both (doubled for second conviction). 42 U.S.C (c)(2) Any person who knowingly - (A) makes any false statement or knowingly alters, conceals or fails to file or maintain any document required, (B) fails to notify or report as required, shall be punished by a fine pursuant to Title 18, or by imprisonment not more than two (2) years, or both (doubled for second conviction).
15 Elements of a NESHAP Violation The defendant, who is an owner or operator of, a renovations or demolition project involving a facility, in which the combined amount of RACM stripped or removed is at least 260 linear feet on pipes, 160 square feet on facility components, or 1 cubic meter. And who knowingly fails or causes another person or employee to fail to comply with the work practice standards.
16 Criminal Investigations Potential Subjects of Asbestos Investigations Asbestos Abatement Companies Analytical Laboratories Real Estate Development Companies Property Owners Asbestos Training Facilities/Trainers/Trainees Air Monitoring Firms
17 Motive and Opportunity Motive - $$$ Opportunity - Work is primarily done in unoccupied buildings. Entry into work area is restricted. Work area is covered with polyethylene making it invisible from outside. Very few inspectors to monitor many projects. Uneducated workers may be taken advantage of. Health effects take many years to become evident.
18 Common Types of Illegal Activity No notification to State and/or Federal Agencies. Untrained/Uncertified Workers. Failure to Use Engineering Controls. Dry removal. Failure to Properly Transport and/or Dispose. False Air Monitoring Reports. False Inspection Reports. False Analytical Results. False Training Certificates.
19 ASBESTOS Criminal Case Overviews USEPA-CID ENVIRONMENTAL CRIMES 19
20 TALON ENVIRONMENTAL Environmental consulting firm, asbestos abatement company James Soyars, defendant Stored asbestos waste in public storage units & stopped paying for the units Abandoned ACM Denver, CO USEPA-CID ENVIRONMENTAL CRIMES
21 21
22 ARREST & SENTENCING Indicted February 10, 2010 by federal grand jury Arrested February 17, 2010 in Texas Pleaded guilty October 27, counts failure to deposit ACM at a regulated waste disposal site Sentenced February 8, months incarceration, 6 months home detention, $435,477 restitution 22
23 UNNAMED ASBESTOS ABATEMENT COMPANY Unlawful storage of ACM Stored approximately 1500 degrading bags of ACM outside Minor spill as per CDPHE Commerce City, CO Charged by CDPHE
24 24
25 USEPA-CID ENVIRONMENTAL CRIMES 25
26 USEPA-CID ENVIRONMENTAL CRIMES 26
27 USEPA-CID ENVIRONMENTAL CRIMES 27
28 USEPA-CID ENVIRONMENTAL CRIMES 28
29 IMS SAFETY, INC. Environmental Consultant, Middletown, NY Provided trained Site Safety Representatives to provide safety oversight at NYC construction sites Fraudulent OSHA and NYSDOL Asbestos training certificates provided to NYCDEP in order to secure $MM contracts Conspiracy, mail fraud, wire fraud, false statements 29
30 DEFENDANTS/SENTENCING IMS President, Joseph Mazzurco: 3 years incarceration IMS Vice-President John Meyer: 2 years incarceration IMS Vice-President Christopher Rotante: 1 year incarceration Joint restitution $1,117,765 Joint fine $1,035,000 USEPA-CID ENVIRONMENTAL CRIMES 30
31 SAF ENVIRONMENTAL President Saverio Todaro Queens, NY NYS & NYC Licensed Asbestos Inspector NYS Licensed Asbestos Air Monitor EPA Licensed Lead Investigator For approx. 10 years, created thousands of fraudulent laboratory bulk asbestos sampling reports, asbestos air monitoring reports, and lead dust wipe sampling reports, in all 5 boroughs of NYC 31
32 32
33 ARREST Arrested March 26, 2010 in Manhattan Pleaded guilty to 11-count felony information, including false statements and mail fraud relating to fraudulent lab reports for asbestos air monitoring, asbestos inspections, and lead sample clearance testing, and TSCA violations and false statements relating to work practice standards for lead testing and lead reports of analysis USEPA-CID ENVIRONMENTAL CRIMES 33
34 USEPA-CID ENVIRONMENTAL CRIMES 34
35 SENTENCING Sentenced December 21, 2010 in Manhattan 63 months incarceration the maximum $304,395 forfeiture $107, 194 restitution $45,000 fine USEPA-CID ENVIRONMENTAL CRIMES 35
36 Judge Kimba Wood: Only your disabled son s need for your care and your own failing health keep me from giving you a much, much harsher sentence than the advisory sentencing guidelines suggest for your crime. To reflect the seriousness of your crimes, your own callousness, to promote general deterrence and to provide adequate punishment 36
37 Tara Donn Special Agent U.S. EPA Criminal Investigation Division 1595 Wynkoop Street Denver, CO (303) USEPA-CID ENVIRONMENTAL CRIMES 37
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