llmiiluu's IINVIRONMIIN'I'AI, (~RIMII )l)(jb'reils



Similar documents
U.S. EPA s Office of Criminal Enforcement, Forensics and Training

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

EPA s CRIMINAL INVESTIGATION DIVISION

THE FEDERAL BUREAU OF INVESTIGATION FINANCIAL INSTITUTION FRAUD AND FAILURE REPORT

GW Law Alumni Elective Courses Survey

CRIMINAL PROSECUTION FOR SAFETY VIOLATION IS NO ACCIDENT

Information About Filing a Case in the United States Tax Court. Attached are the forms to use in filing your case in the United States Tax Court.

BP Criminal Plea Agreement Fact Sheet

CRIMINAL DEFENSE FAQ. QUESTION: Am I required to allow law enforcement be allowed to search my house or my car?

U.S. Department of Justice. Becoming A. Special Agent. U.S. Department of Justice Office of the Inspector General INVESTIGATIONS DIVISION

The Strategic Assessment of the St. Louis Region

provides it s customers with a single, reliable source for their wiring construction needs.

THE ENVIRONMENTAL CRIMINAL JUSTICE IN CHINA

Know Your Rights: A Guide for Victims and Witnesses of Crime

CRIMINAL LAW AND VICTIMS RIGHTS

2014 Employment Law Update South Central Industrial Association. November 6, 2014 Houma, Louisiana

RLI ENVIRONMENTAL INSURANCE Environmental Solutions for a Greener World

Morgan County Prosecuting Attorney Debra MH McLaughlin

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

2015 NFL Annual Selection Meeting R P O CLUB PLAYER POS COLLEGE ROUND 2

Reporting of Board Discipline. Mark Johnston, RPh Executive Director Idaho State Board of Pharmacy

Zurich Staff Legal. Experienced. Collaborative. Focused on Results.

Restitution Basics for Victims of Crimes by Adults

U.S. Department of Homeland Security STATEMENT

Information for Crime Victims and Witnesses

The Legal System in the United States


OFFICE OF THE UNITED STATES ATTORNEY SOUTHERN DISTRICT OF CALIFORNIA San Diego, California. United States Attorney Laura E. Duffy

TABLE OF CONTENTS 1.00 ORGANIZATION AND AUTHORITY 1.01 TAX DIVISION AUTHORITY CRIMINAL ENFORCEMENT SECTIONS ORGANIZATION CHART...

EPA Pub. # 310-K Criminal Enforcement Program

Tax Return Preparer Fraud

The Witness and the Justice System in Alberta

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. CASE NO. 8:15-CR-244-T-23AEP PLEA AGREEMENT

Criminal Justice System Commonly Used Terms & Definitions

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

RICKY D. LANGLOIS EXPERIENCE SUMMARY OF EXECUTIVE EXPERIENCE

National Medicare fraud takedown results in charges against 243 individuals for approximately $712 million in false billing

White Collar Criminal Defense, Internal Investigations & Corporate Compliance

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Trade Show Labor Rate Benchmarking Survey

ADDRESSING POLICE MISCONDUCT

CRIMINAL AND CIVIL LIABILITY FOR MARITIME ENVIRONMENTAL AND RECORD KEEPING OFFENSES

Glossary. To seize a person under authority of the law. Police officers can make arrests

Glossary of Court-related Terms

An Introduction to Identity Theft. Letbighelptoday.com. Your Free Copy

JUVENILE JUSTICE SYSTEM

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY

Your Criminal Justice System

Environmental Impairment Liability Application 2

STORMWATER ENFORCEMENT AND DISTRICT ATTORNEY CASE STUDIES

Franklin County State's Attorney Victim Services

Criminal Lawyer - Marijuana Possession

TITLE 39 HEALTH AND SAFETY CHAPTER 71

Using Administrative Records to Report Federal Criminal Case Processing Statistics

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

ANGELOUECONOMICS 2012 INDUSTRY HOTSPOTS

Before beginning any construction or demolition activities at your construction site,

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. CASE NO. 8:07-Cr- 31B"^1 PLEA AGREEMENT

MARYLAND IDENTITY THEFT RANKING BY STATE: Rank 10, 85.8 Complaints Per 100,000 Population, 4821 Complaints (2007) Updated January 29, 2009

Claims & Litigation Overview

Posting Bail. First Court Appearance

Environmental laws have been enacted to protect natural resources and the public health. A number

OSHA Inspection Checklist

Know Your Rights: A Guide for Victims and Witnesses of Crime

Patrick A. Flanagan Sr. Assistant Attorney General Criminal Justice Division

An Introduction to the Federal Public Defender=s Office and the Federal Court System

INFORMATION FOR CRIME VICTIMS AND WITNESSES CHARLES I. WADAMS PROSECUTING ATTORNEY

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM

Criminal Investigation CRJ141. Matthew McCarty

Source:

Provider Beware The Collateral Consequences of a Guilty Plea

CONSTITUTIONAL RIGHTS

Texas Healthcare Fraud Cases Examples Of A Growing National Problem

List of Department of Justice (DOJ) Office of the Inspector General (OIG) investigations closed, CY 2013

WHAT S OLD IS NEW AGAIN. PROSECUTING WORKERS COMPENSATION FRAUD UNDER THE 2011 AMENDMENTS

Supplemental Health Insurance Products Inventory Report. May 2014

The Most Affordable Cities For Individuals to Buy Health Insurance

DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF WATER SUPPLY MANAGEMENT. Principles for Ground Water Pollution Prevention and Remediation

A Victim s Guide to Understanding the Criminal Justice System

CHECK ENFORCEMENT GUIDEBOOK. Maricopa County PROGRAM. Attorney s Office. Where to submit a bad check. Bill Montgomery. Page 1

FEDERAL IDENTITY THEFT TASK FORCE. On May 10, 2006, the President signed an Executive Order establishing an Identity Theft

FLORIDA CRIMINAL OFFENSES AMANDA POWERS SELLERS AND JENNA C. FINKELSTEIN

Atlanta Rankings 2014

SCHEDULE. Medical College of Alabama, Birmingham. University of Arkansas School, Little Rock. Loma Linda University School, Loma Linda.

AGENCY SUMMARY NARRATIVE

RESPONSIBILITIES OF COUNTY ATTORNEYS AND ASSISTANT COUNTY ATTORNEYS

Mark Reed Arrest Record Summary As of 3/28/12

Artisan Contractors Application

Lockton Financial Advisors, LLC/ Lockton Investment Advisors, LLC

Your Guide to Bail Bonds in Colorado

Chapter 15 Criminal Law and Procedures

elements of change eoc ors Highlighting Trends and Issues in the Criminal Justice System Adult Male Arrestees: Who Are they? Dynamics of Drug Markets

Facility Name, Address, State & Zip Code

ANNUAL REPORT ALLEGAN COUNTY PROSECUTING ATTORNEY


Addressing Government Investigations. Marcos Daniel Jimenez Partner

The Drug Court program is for addicted offenders. The program treats a drug as a drug and an addict as an addict, regardless of the drug of choice.

Purpose of the Victim/Witness Unit

Transcription:

llmiiluu's IINVIRONMIIN'I'AI, (~RIMII )l)(jb'reils

LAWS WE ENFORCE EPA s criminal enforcement program investigates crimes under environmental statutes and Title 18 of the United States Code. Title 18 is the Federal Criminal Code for offenses such as fraud, conspiracy, and obstruction of justice, which are often committed in association with the commission of environmental crimes. Environmental statutes include the: Clean Air Act; Clean Water Act; Comprehensive Environmental Response, Compensation and Liability Act (Superfund); Emergency Planning and Community Right-to-Know Act; Federal Insecticide, Fungicide, and Rodenticide Act; Oil Pollution Act; Ocean Dumping Act; Resource Conservation and Recovery Act (hazardous waste); Safe Drinking Water Act; and Toxic Substances Control Act. Other EPA offices are responsible for civil enforcement actions, issuing regulations and permits, monitoring regulated businesses, conducting research and implementing other statutory requirements.

AMERICA S ENVIRONMENTAL CRIME FIGHTERS EPA Criminal Enforcement WHO WE ARE We are the Nation s environmental police, providing investigative, scientific and technical expertise to support environmental crimes prosecutions at the Federal, State, Tribal and local levels. We protect human health and the environment by developing criminal cases against individuals and corporations that violate environmental and associated laws. Successful prosecutions deter other potential violators, eliminate the temptation for companies to pay to pollute, and help ensure that businesses that follow the rules don t face unfair competition from those that break the rules. We are a team of 350 professionals, including 200 EPA special agents in more than 40 offces nationwide who work closely with scientists, attorneys, and others to uncover and investigate environmental crimes. EPA special agents are Federal law enforcement offcers with the full authority to conduct investigations, carry firearms, make arrests for any Federal crime, and to execute search and arrest warrants. Our specialized laboratories employ scientists, engineers, analysts, technicians, and environmental and computer specialists to perform the essential science for environmental investigations. Attorneys specializing in environmental crimes prosecutions advise on environmental regulations, enforcement-related legislation, and other complex legal issues that arise during day-to-day operations of a national law enforcement program.

WHERE WE ARE OFFICES Different colors represent EPA Regions Boston, New Haven, New York, Syracuse, Edison, Puerto Rico, Philadelphia, Arlington, Baltimore, Charleston, WV, Atlanta, Nashville, Louisville, Charlotte, Knoxville, Gulf Breeze, Miami, Tampa, Chicago, Minneapolis, Indianapolis, Cleveland, Detroit, Dallas, Baton Rouge, Houston, Kansas City, St. Louis, Denver, Helena, Salt Lake City, San Francisco, Sacramento, Honolulu, Los Angeles, Phoenix, San Diego, Seattle, Anchorage, Portland, Boise, Washington DC headquarters, Lakewood, CO National Enforcement Investigations Center and the Jacksonville, FL National Computer Forensics Laboratory. The EPA criminal enforcement program is part of EPA s Offce of Enforcement and Compliance Assurance (OECA). It is headquartered in Washington, DC, with field investigative offces in EPA s 10 regional offces and in more than 30 other locations across the country. The National Enforcement Investigations Center (NEIC), in Lakewood, Colorado, provides forensics, science and technical support for both criminal and civil environmental investigations. The National Computer Forensics Laboratory in Jacksonville, Florida, specializes in the seizure, review and analysis of electronic evidence and advanced undercover surveillance operations.

WHAT ENVIRONMENTAL CRIME IS Almost all environmental laws specify that when an individual or corporation knowingly or negligently violates that law, it is a crime. Corporations may be liable to fines and other penalties and individuals (including corporate offcers) can face prison time as well. Environmental crimes can include a wide range of illegal activities that contaminate the air, land and water and threaten people s health. WHAT WE DO We investigate environmental crimes using specialized investigative and forensic techniques. We focus on cases that clearly merit criminal investigation, while referring the majority of the leads for civil or administrative review by EPA or a state environmental agency. About 80% of convicted defendants are individuals; the remaining 20% are corporate entities. Criminal enforcement s threat of incarceration is important in deterring violators. Special agents evaluate leads; interview witnesses and suspects; review documents and data from environmental, inspection, and other databases and files; and determine what additional expertise is needed to prove the crime in court. Although we

investigate violations of many environmental laws, most cases stem from three statutes: the Clean Water Act, the Clean Air Act, and the Resource Conservation and Recovery Act (hazardous waste). Most cases also involve associated Federal Criminal Code violations, such as fraud, conspiracy, and obstruction of justice. Environmental criminal enforcement requires state-of-the-art scientific and technical capabilities to analyze evidence with a high degree of scientific certainty so that evidence can be used in court to prove that a defendant is guilty beyond a reasonable doubt. Our fully-accredited forensics laboratory supports both criminal and civil investigations with multi-disciplinary teams of experts who conduct field investigations to gather site-specific evidence about potential violations. The forensics staff work with special agents to provide field sampling, engineering evaluations, forensic laboratory analysis, and expert witness services in the courtroom. A skilled team of computer and technology experts extract and analyze evidence found on suspects computers, cell phones, and other devices. Experienced EPA attorneys in Washington DC and Regional Criminal Enforcement Counsels use their environmental law expertise in all aspects of criminal enforcement. For example, attorneys provide guidance on expert witness preparation, evidentiary issues, the interrelationship of environmental and criminal laws, personnel and worker safety law, and the enforceability of proposed regulations and legislation.

WHO WE WORK WITH We work closely with the U. S. Department of Justice (DOJ) and state agencies that prosecute environmental crimes, Federal, State and tribal law enforcement agencies and with other EPA programs. We work primarily with DOJ s Environmental Crimes Section and the 93 United States Attorneys to build strong cases for prosecution and occasionally with State and Tribal prosecutors. During investigations, we frequently combine our expertise with that of other law enforcement groups (such as the Department of Interior s Fish and Wildlife Service or the Department of Agriculture s Forest Service) to investigate cases with possible violations of a wide variety of laws. Criminal enforcement also relies on scientists, regulators, permit writers and other experts working in sister EPA offces such as the air, water and hazardous waste programs, and civil enforcement. HOW TO GET INVOLVED Report potential crimes at www.epa.gov/tips Report a fugitive sighting at www.epa.gov/fugitives Find out about EPA careers - www.epa.gov/careers (Apply for all Federal jobs at www.usajobs.gov) or Call your local government offce (which are generally responsible for trash, recycling pickup, and household chemical disposal (e.g., paints, pesticides, oil, antifreeze, etc.) ) Look for the 7 signs of environmental crimes, including: Strong, offensive, or unusual chemical odors Large numbers of dead birds, fish or other animals Pipes or valves that bypass waste treatment systems Tank trucks discharging into drains, manholes or surface waters Oily slicks on bodies of water Corroded, leaking waste containers Drums or other containers dumped at odd hours in out-of-the-way places Citizens reports have helped protect human health and the environment and catch fugitives. Since the tips website launched in January 2006, EPA has received more than 30,000 tips and referred more than 22,000 for further investigation, including tips shared with state or local authorities.

SIGNIFICANT CRIMINAL CASES SIGNIFICANT CRIMINAL CASES SIGNIFICANT CRIMINAL CASES Idaho man sentenced to 17 years in federal prison for environmental crimes that left a 20 year-old employee permanently brain damaged On a hot August morning, 20 year-old Scott Dominguez reported to work at Evergreen Resources, a small fertilizer manufacturing plant in his hometown, Soda Springs, Idaho. I m afraid to go to work, Dominguez said to his girlfriend before he left on that day that would change his life forever. The owner of the company, Allan Elias wanted his workers to clean out a 25,000-gallon tank that contained cyanide waste. He refused to test the air or the waste inside the tank. He ignored the pleas of his workers for safety equipment. When the workers complained of sore throats and difficulty breathing, Mr. Elias told them to finish the job or find work somewhere else. Mr. Dominguez, a high school graduate, wanted to keep his job. Wearing just jeans and a T-shirt, he used a ladder to descend into the tank. Two hours later, covered in sludge and barely breathing, he was removed from the tank by paramedics and rushed to the hospital, a victim of cyanide poisoning. Later in the day Elias went to visit Dominguez in the local hospital, where the doctor asked him if they might be looking at a case of cyanide poisoning. Elias told the doctors there was nothing but mud and water in that tank. The next day, Elias went back to his office fabricating and backdating all employee safety plans. He proceeded to white out each and every mention of cyanide. Mr. Dominguez suffered severe and permanent brain damage. He now has the rigid body movement and stammering speech found in patients with advanced Parkinson s disease. As a result of EPA CID s criminal investigation, a jury convicted Elias of three felonies for violating the federal Resource Conservation and Recovery Act (RCRA) and for illegally disposing of deadly cyanide waste. Elias was also convicted of making a false statement by fabricating and backdating a safety plan for entering the storage tank containing cyanide. Elias was sentenced to serve 17 years in prison for his crimes and ordered to pay $6 million in restitution to the victim and his family.

SIGNIFICANT CRIMINAL CASES SIGNIFICANT CRIMINAL CASES SIGNIFICANT CRIMINAL CASES Chief Executive and company owner jailed for smuggling ozone-depleting substances Kroy Corporation, Miami, Florida, and James Garrido, its chief executive, were sentenced for illegally smuggling into the United States HCFC-22, an illegal ozone-depleting refrigerant. James Garrido received a sentence of 30 months incarceration. Additionally, Garrido and the company were assessed a fine of $40,000 and forfeited $1.35 million to the United States government. This case was part of a multiagency initiative known as Operation Catch-22 aimed at stopping the smuggling and distribution of illegal ozone-depleting substances in the United States. Sham recycler sentenced to more than 3 years incarceration for illegally burying hazardous waste that contaminated soil and groundwater Dennie Pridemore, the former company president and manager of Hydromex, Yazoo City, Mississippi, was sentenced to 41 months in prison for illegally storing and disposing of hazardous waste contaminated with the heavy metals cadmium and chromium. From 2000 through 2003, Pridemore portrayed his company as a recycling operation, thereby exempting the waste he received from regulation under the Federal hazardous waste laws. In reality, rather than recycle the hazardous wastes, Hydromex buried it in the ground, polluting the soil and groundwater.

SIGNIFICANT CRIMINAL CASES SIGNIFICANT CRIMINAL CASES SIGNIFICANT CRIMINAL CASES British Petroleum (BP) guilty of environmental crime resulting in a fatal refinery explosion in Texas BP Products North America, Inc. paid a $50 million criminal fine after pleading guilty to a Clean Air Act felony violation. This violation was a result of illegal company conduct that precipitated a fatal explosion on March 23, 2005, at its Texas City refinery, which killed 15 workers and injured more than 170 others. This was the first criminal prosecution under a section of the Clean Air Act specifically designed to prevent accidental releases that result in death or serious injury. Real estate developer sentenced to 9 years incarceration and company fined more than $5 million for destruction and contamination of wetlands and defrauding home buyers Robert Lucas, a real estate developer in southern Mississippi, and two other defendants committed Clean Water Act crimes when they filled hundreds of acres of wetlands to develop home sites. They installed septic systems in saturated soil, which resulted in a public health threat, and then fraudulently told prospective buyers that the property was habitable. Robert Lucas was sentenced to 9 years in prison; the other defendants were sentenced to over 7-year prison sentences. The defendants had to pay $1.4 million in mitigation costs, and their companies were fined a total of $5.3 million.

SNAPSHOT OF Mission EPA s criminal enforcement program investigates the most egregious environmental crimes committed by individual and corporate defendants by providing: Federal, state and local prosecutors with the evidence needed to prosecute environmental crimes Environmental forensic analyses and technical evaluations for both civil and criminal enforcement Computer evidence retrieval and evaluation Expert legal advice and counsel to the criminal enforcement program and other offices within EPA We strive to make a difference where people live and work through three overall Office of Enforcement and Compliance Assurance goals: (1) Aggressively going after pollution problems that matter to communities, (2) Building partnerships with States, Tribes, and localities, and (3) Improving public information and transparency. People More than 350 specially trained investigators, chemists, engineers, technicians, lawyers, and support staff help investi gate environmental crimes, including: 200 fully authorized Federal law enforcement agents 70 forensic scientists and technicians 45 attorneys who specialize in environmental crimes prosecutions Locations Criminal enforcement personnel serve in more than 40 locations nation-wide. The program headquarters is located in Washington, DC, with a criminal enforcement area office co-located in each of EPA s 10 regional offices. Additional offices include: 30 resident offices in strategic locations across the country The National Enforcement Investigations Center (forensics laboratory) in Lakewood, Colorado The National Computer Forensic Laboratory in Jacksonville, Florida Training office at the Federal Law Enforcement Training Center in Glynco, Georgia Accomplishments Of the 700-800 investigations open at any one time: 67% of our cases where search warrants are executed result in criminal charges being filed 80% of defendants charged are individuals while 20% are corporations More than 90% of charged defendants are convicted of the crimes alleged EPA CRIM IN A L E N F O R C E M E N T

Get Involved Report potential violations at www.epa.gov/tips Report a fugitive sighting at www.epa.gov/fugitives Get More Information EPA s criminal enforcement program www.epa.gov/enforcement/criminal EPA laws and regulations www.epa.gov/lawsregs/laws/index.html Civil Enforcement and Compliance History Online (ECHO) with information about approximately 800,000 EPA-regulated facilities. http://www.epa-echo.gov/echo EPA careers - www.epa.gov/careers (Apply for all Federal jobs - www.usajobs.gov) Contact by Phone or by Mail Office of Criminal Enforcement 1200 Pennsylvania Avenue NW, Mail Code 2231A Washington, DC 20004 Phone: 202-564-2480, Fax: 202-501-0599