Skip to main content
Blog Post

Environmental Crimes Bulletin June 2023

In this issue:

United States v. David C. Noble, No. 6:23-CR-00181 (D. Ore.), AUSAs William McLaren and Adam Delph

 

On June 14, 2023, prosecutors charged David C. Noble with offenses related to his role as an administrator of an online animal abuse group and illegally possessing firearms as a dismissed military officer. Specifically, Noble is charged with conspiring to engage in, create, and distribute animal crush videos and illegally possessing a firearm as a dishonorably discharged person (18 U.S.C. §§ 371, 48(a), 922(g)(6)).

Between January 2022, and February 2023, Noble participated in an encrypted online chat group that viewed and funded animal crush videos. As a group administrator, Noble paid for the creation of and celebrated videos depicting the torture and murder of adult and juvenile monkeys. Noble further managed the group’s membership and repeatedly changed the group’s name to evade detection by law enforcement.

Noble, a former United States Air Force Officer, was dismissed from the Air Force in 2006 and ordered to serve six months in military custody following a court martial for fraud and an unprofessional relationship. As part of this case, he was found in possession of multiple firearms, including a Colt M4 carbine assault rifle.

In January 2023, Noble relocated from Prineville to Henderson, Nevada, after federal agents executed a search warrant on his Prineville residence. In June 2023, agents arrested and detained him in Oregon. Homeland Security Investigations conducted the investigation.

United States v. Christopher Carroll, et al., No. 4:21-CR-00532 (E.D. Mo.), AUSAs Gwendolyn Carroll and Matthew Drake

 

On June 7, 2023, prosecutors filed a superseding indictment charging Whiskey Dix Big Truck Repair (Whiskey Dix), and company owner Christopher Carroll, with multiple counts of bank fraud, money laundering, making false statements to a financial institution, conspiracy to violate the Clean Air Act (CAA), substantive CAA violations, and witness tampering (18 U.S.C. §§ 371, 2, 1014, 1512 (b)(3), 1344, 1957; 42 U.S.C. § 7413(c)(2)(C)).

Between March 2020 and March 2021, Carroll received two fraudulent Paycheck Protection Program (PPP) loans, for approximately $1.2 million, and more than $1.6 million, through his company, Square One Group. Carroll’s status as a paroled felon would have precluded his company from receiving PPP funds, so Carroll and his business partner, George Reed, submitted PPP loan applications in their spouses’ names, in order to conceal it. Carroll and Reed did not use the funds to compensate their employees and instead started a trucking company called Whiskey Dix Big Truck Repair, in addition to paying themselves $660,000. The company suspended their employees’ pay and health insurance coverage after applying for PPP funds.

From May 2020 through December 2021, Carroll and Whiskey Dix violated the CAA by unlawfully removing the emissions control systems from more than 30 diesel-fueled trucks. In January 2022, Carroll tried to pressure two employees to take responsibility for the emissions tampering. When one of the employees said he was going to talk to federal investigators, Carroll threatened to stop paying for the employee’s attorney.

Reed previously pleaded guilty to a bank fraud violation and is scheduled for sentencing on September 7, 2023.

The Federal Bureau of Investigation and the U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.

United States v. Cesar Ramirez, et al., No. 3:22-CR-0245 (S.D. Calif.), ECS Senior Trial Attorney Stephen DaPonte and AUSA Melanie Pierson

 

On June 30, 2023, Cesar Ramirez, and Marielos Yvonne Hinnaoui pleaded guilty to conspiring to violate the Federal Insecticide, Fungicide, and Rodenticide Act and failing to present a vehicle for inspection (18 U.S.C. § 371). Hinnaoui  was sentenced on August 7, 2023 to one day time-served and a $500 fine. Ramirez is scheduled for September 18, 2023.

On September 19, 2022, authorities apprehended the defendants as they attempted to smuggle the following illegal Mexican pesticides into the United States: two one-liter bottles of “Oberon,” two one-liter bottles of “Biomec,” and one one-liter bottle of “Tetrasan.” The defendants concealed the bottles inside a suitcase, but denied having anything to declare. These pesticides are canceled in the United States.

Those involved in clandestine marijuana grows use illegal pesticides to cultivate unregulated marijuana on both public and private land in the United States.

United States v. Calvin Bautista, No. 8:22-CR-00308 (N.D.N.Y.), AUSA Alexander Paul Wentworth-Ping

 

On June 28, 2023, Calvin Bautista pleaded guilty to smuggling three Burmese pythons into the United States (18 U.S.C. § 545). Sentencing is scheduled for October 26, 2023.

On July 15, 2008, Bautista took a bus from Canada arriving at the United States Port of Entry in Champlain, New York. When he presented his passport, it triggered an “armed and dangerous” alert (later determined to be a false positive). Due to the alert, inspectors patted Bautista down, detected several bulges in his groin area, and discovered the pythons. Upon questioning, Bautista claimed to be carrying three pet snakes inside his sweatpants. Customs and Border Patrol agents seized the snakes.

The U.S. Fish and Wildlife Service Office of Law Enforcement and U.S. Customs and Border Protection conducted the investigation.

United States v. Erik Armando Ramos, et al., Nos. 2:21-CR-00354, 22-CR-00592 (C.D. Calif.), AUSA Amanda Bettinelli

 

Armored Containment Vehicle

On June 26, 2023, Erik Armando Ramos pleaded guilty to transporting explosives without a license (18 U.S.C. § 842(a)(3)(A)).

Between April and June 2021, Ramos and co-defendant Arturo Ceja purchased commercial-grade fireworks and homemade explosives from Nevada and other states, transporting them to California in U-Haul trucks. Ceja planned to sell the fireworks throughout his neighborhood, despite not possessing a license or permit to transport explosives. Ceja purchased the commercial-grade fireworks from “Area 51” and “Black Jack Fireworks” (both wholesale dealers located in Pahrump, Nevada) using the customer name “Autron.” Sales invoices, receipts, and surveillance footage from a fireworks wholesaler in Nevada proved that Ramos and Ceja shared the cost of the purchases, communicated constantly by cell phone, loaded the U-Haul rental truck, and shared a customer account to obtain a discount for bulk purchases.

Responding to a tip on June 30, 2021, Los Angeles police found more than 32,000 pounds of fireworks stored at Ceja’s residence, which was located in a densely populated neighborhood in South Los Angeles. Ceja stored some of the explosives near a gas grill.

While attempting to safely destroy the homemade fireworks, the bomb squad accidentally blew up the armored containment vehicle (ACV) they routinely use to safely detonate explosives. The LAPD bomb squad packed nearly 40 pounds of explosives (which included M100s, M3000s, and a mortar covered in tin foil) into an ACV that was only rated for 33 pounds.

The explosion caused debris to rain down on scores of residences, businesses, and vehicles. Authorities transported 17 individuals (including residents and first responders) to local hospitals. The explosion displaced dozens of people.

Following the ACV explosion, Ceja pleaded guilty to transporting explosives (namely flash powder) without a license (18 U.S.C. § 842(a)(3)(A)). Ceja was sentenced in October 2022, to five months’ incarceration, followed by two years’ supervised release.

The Los Angeles Police Department; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Department of Transportation Office of Inspector General conducted the investigation.

United States v. Didion Milling, Inc., et al., No. 3:22-CR-00055 (W.D. Wisc.), ECS Trial Attorney Charlie Lord, ECS Senior Trial Attorney RJ Powers, ECS Trial Attorney Joel LaBissonniere, and ECS Paralegal Chloe Harris

 

On June 15, 2023, defendant Joseph Winch, former environmental coordinator for Didion Milling, Inc., (DMI) pleaded guilty plea to conspiracy to make and use a false writing, falsifying a document in relation to a federal investigation, and obstructing a proceeding (18 U.S.C. § 371, 1519, 1001(a)(3)).

DMI owned and operated a corn mill in Cambria, Wisconsin. Corn dust is combustible and can fuel explosions if mixed with air in a sufficient concentration and exposed to an ignition source. Occupational Safety and Health Administration (OSHA) regulations require grain facilities to develop and implement effective “housekeeping” programs to remove accumulations of dust and prevent explosions. Environmental Protection Agency (EPA) regulations further required DMI to operate and maintain baghouses to reduce grain dust emissions. DMI’s failure to comply with these regulations caused the deaths of five employees following an explosion at the mill on May 31, 2017. 

DMI, Derrick Clark, company vice president of operations; Shawn Mesner, former food safety superintendent; and Anthony Hess and Joel Niemeyer, both former shift superintendents, conspired to commit fraud by concealing these activities, including falsifying the cleaning logbook to conceal the fact that DMI failed to follow its written cleaning policy. This enabled the company to maintain its food safety certification and continue to sell its products to food and beverage manufacturers (18 U.S.C. §1349, 1505, 1519, 1001(a)(3); 29 U.S.C. § 666(e)).

Prosecutors also charged DMI environmental coordinator James Lenz (Winch’s predecessor), along with Clark, Hess, Mesner, and Niemeyer, with conspiring to conceal unsafe conditions from auditors and government agencies. This included falsifying cleaning logs and baghouse monitoring logs, submitting false environmental compliance certifications, and providing false testimony to government officials.

Hess, Clark and DMI were also charged with obstructing justice for providing false and misleading testimony to OSHA after the May 2017 explosion concerning their knowledge of combustible dust hazards at DMI. The remaining defendants are scheduled for trial to begin on October 2, 2023. Two former company supervisors (Michael Bright and Nicholas Booker) pleaded guilty to similar charges.

The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.

United States v. Keith J. Martin, No. 23-CR-00040 (E.D. Va.), AUSA Joseph Kosky

 

On June 12, 2023, Keith J. Martin pleaded guilty to violating the Lacey Act for illegally harvesting striped bass (16 U.S.C. §§ 3372 (a)(2)(A), 3373(d)(3)(A)). Sentencing is scheduled for October 26, 2023.

Working as a licensed commercial fisherman, Martin routinely violated Virginia state law while harvesting striped bass from Virginia waters. Between 2018 and 2020, Martin took bass in excess of his quota, failed to report the bass he took, and completed at least one sale with a commercial purchaser without using a properly certified scale.

Between 2018 and 2019, Martin’s quota for striped bass was 4,000 pounds. Investigators determined that Martin sold more than 6,000 pounds of striped bass to a single seafood company in Maryland in 2018 and 4,300 pounds to the same company in 2019. During this period, Martin illegally harvested and sold close to 13,000 pounds of striped bass, with a commercial value of approximately $37,000.

The U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation.

United States v. Rene Morales, et al., No. 2:21-CR-00199 (D. Nev.), ECS Senior Trial Attorney Cassie Barnum and AUSA Jean Ripley

On June 12, 2023, Rene Morales pleaded guilty to negligent endangerment under the Clean Air Act (CAA) (42 U.S.C. § 7413 (c)(4)).

Between September 2017 and August 2018, Morales and co-defendant Hector Vasquez hired workers to tear out ceiling and wall texture from a warehouse they knew had asbestos-containing materials. They directed the workers to store the debris in open, dry bags at another room in the facility. Inspectors discovered approximately 200 bags of dry, asbestos-containing debris when they conducted a surprise inspection at the site. Morales and Vasquez both attempted to blame a third party for the illegal removal. Vasquez previously pleaded guilty to a similar charge. Both are scheduled for sentencing on October 10, 2023.

The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.

United States v. Rodolfo Rodriguez, et al., Nos. 3:23-CR-00138, 3:23-CR-00141 (W.D.N.C), AUSA Steven Kaufman

On June 15, 2023, Rodolfo Rodriguez pleaded guilty to one count of false statements under the Clean Air Act, and one count of conspiracy (42 U.S.C. § 7413(c)(2)(A); 18 U.S.C. § 371).

Rodriguez owns and operates The Auto Spa and Tiger Auto Inspections and More Inc., both located in Charlotte, North Carolina. Co-defendant Bryan Canaan worked at both businesses. Between July 2019 and November 2022, Rodriguez and Canaan violated the Clean Air Act by manually changing various categories of data stored in vehicles’ On-Board Diagnostic (OBD) testing equipment. First, Rodriguez and Canaan manually input vehicle identification numbers (VIN) into OBD equipment. In doing so, they entered the vehicle's county of registration as a county not requiring vehicle emissions testing, known as an illegal "county swap." Additionally, they changed the designation of truck types from light duty to heavy duty, thus allowing the trucks to evade the vehicle emissions testing requirement, called an illegal "duty swap." Finally, they changed the type of fuel used from gas or diesel to electric, referred to as an illegal "fuel swap."

A review of testing and registration data showed Rodriguez and Canaan performed approximately 3,800 inspections during this period, causing North Carolina to lose close to $30,000 in fee revenue. Canaan pleaded guilty on July 10, 2023.

The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.

United States v. FeelGood Natural Health Stores, Ltd., No. 2:23-CR-20189 (E.D. Mich.), ECS Senior Counsel Elinor Colbourn, AUSA Karen Reynolds, and ECS Paralegal Jillian Grubb

On June 5, 2023, FeelGood Natural Health Stores, Ltd., pleaded guilty to a felony Lacey Act violation for trafficking in wildlife products (16 U.S.C. §§ 3372(a)(1),(4), 3373(d)(1)(B)). Sentencing is scheduled for September 28, 2023.

Between April 2019 and June 2020, this Canadian company made seven shipments of harp seal oil pills from Canada into the United States. FeelGood knew importing marine mammal products such as seal oil is prohibited by the Marine Mammal Protection Act. After illegally importing the seal oil capsules, the company contracted with a third party to transport them for sale in the United States. The total value of these seven shipments was more than $10,000.

The U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation.

United States v. Interunity Management (Deutschland) GMBH et al., Nos. 3:23-CR-01044, 3:22-CR-02762 (S.D. Calif.), ECS Senior Trial Attorney Stephen DaPonte and AUSA Melanie Pierson

On June 29, 2023, a court sentenced vessel operator Interunity Management (Deutschland) GMBH to pay a $937,500 fine and make a $312,500 community service payment to the National Fish and Wildlife Fund. The company will complete a four-year term of probation and enact an environmental compliance plan. On June 9, 2023, a jury convicted Denys Korotkiy, the chief engineer for the Liberian-flagged M/V Donald, operated by Interunity. The jury found him guilty of conspiracy, obstruction of justice, and violating the Act to Prevent Pollution from Ships (APPS), for failing to maintain an accurate oil record book (ORB) (18 U.S.C. §§ 371, 1519; 33 U.S.C. §§ 1908(a)). The company pleaded guilty to violating APPS for failing to maintain the ORB. Korotkiy is scheduled for sentencing on September 1, 2023.

On May 31, 2022, authorities scheduled the Donald for a routine Port State Control examination at the port of San Diego. Days before their visit, Coast Guard inspectors received information from the ship’s second engineer that Korotkiy had ordered crewmembers to pump oily bilge water directly from the vessel’s bilge to the sewage tank for discharge into the sea, bypassing pollution prevention equipment.

On May 30, 2022, at the direction of a corporate shore side manager, Korotkiy destroyed the vessel’s sounding sheets to prevent inspectors from examining them. These records recorded the actual amounts of oil residue, oily mixtures, and machinery space bilge water, as well as sewage, accumulated onboard the vessel. Crewmembers also failed to record accurate information in the ORB, including the transfers of machinery space bilge water from the bilge to the sewage tank and the illegal bilge water discharges.

The U.S. Coast Guard conducted the investigation.

United States v. East West Seafoods, LLC, No. 3:15-CR-00067 (D. Ak.), AUSA Jennifer Ivers and SAUSA Karla Perrin

On June 29, 2023, a court sentenced East West Seafoods (EWS), to pay an additional $50,000 fine and complete a new three-year term of probation, to include more stringent terms while under supervision.

EWS is the owner of a large seafood processing vessel, the F/V Pacific Producer. Christos Tsabouris was responsible for the operation of the ship. In March 2013, the vessel travelled from Kodiak and grounded near Ouzinkie Narrows. While the boat was within three miles of shore, the defendants unlawfully discharged approximately 1,000 gallons of raw sewage into Chiniak Bay. On March 29, 2013, while departing from the ferry dock in Ouzinkie, the defendants knowingly discharged a harmful quantity of oil into the water while the vessel was within three miles of shore, creating a sheen. They regularly used an illegal pump system (consisting of a 55- gallon barrel with portable pumps and hoses) to discharge oily bilge water directly overboard. Despite having an oil water separator onboard, it was inoperative and not connected to any piping. As a result, the oil record book presented to U.S. Coast Guard inspectors in January 2014 was inaccurate and failed to note these illegal discharges. At the time of this inspection, raw sewage was observed flowing from the vessel into St. Paul Harbor in Kodiak.

The defendants pleaded guilty to violating the Act to Prevent Pollution from Ships, the Clean Water Act (CWA), and the Refuse Act (33 U.S.C. §§ 407, 411, 1319 (c)(2)(A), 1321 (b)(3), 1908(a)). In March 2017, the company was sentenced to pay a $50,000 fine and Tsabouris was fined $10,000. They were alsoordered to complete a five-year term of probation, to include several conditions they failed to complete. In fact, between 2017 to 2021, the Pacific Producer continued to violate the CWA. In 2017, the vessel illegally discharged more than 2.3 million pounds of fish processing waste. By 2021, the company had entered into an administrative settlement with the Environmental Protection Agency for numerous permit violations. Despite agreeing to pay $1,000 as a part of that settlement, EWS continued to violate its permit in 2021 by failing to monitor its discharges.

The U.S. Coast Guard Investigative Service conducted the investigation.

United States v. Alexander B. Mischenko, No. 2:20-CR-00175 (E.D. Wash.), AUSAs Daniel Hugo Fruchter and Tyler Howard Louis Tornabene, and SAUSA Gwendolyn Russell

On June 27, 2023, a court sentenced Alexander B. Mischenko to pay a $12,060 fine and complete a three-year term of probation. Mischenko pleaded guilty to violating the Clean Air Act (CAA) failure to notify provision for his involvement in an illegal asbestos abatement project (42 U.S.C. § 7413(c)(2)(B)).

Hanson Industries, Inc., a property management company, owned a building that previously housed a metal production facility. Mischenko owns and operates Buck Creek Sales. In October 2017, Hanson Industries contracted with Mischenko, through Buck Creek Sales, to dismantle the building and salvage the wood. Pursuant to the contract, Hanson Industries paid Mischenko to obtain an asbestos survey and the CAA permit required to legally demolish the building.

In November 2017, a certified asbestos inspector surveyed the property finding a total of 2,600 linear feet of friable thermal systems insulation (TSI). This piping insulation contained up to 60% chrysotile asbestos. The following month, Mischenko received the report and knew that a licensed asbestos contractor had to remove this material prior to any renovation activity.

Despite this knowledge, in January 2018, Mischenko and untrained workers removed the asbestos from the piping, scattering large amounts of dry and friable TSI in the process. They bagged up the asbestos in super sacks that were not leak tight or properly labeled. Mischenko also failed to notify the Spokane Regional Clean Air Agency (SRCAA) prior to the renovation work, as required.

In March 2018, SRCAA inspectors observed renovation activity on site. A subsequent investigation revealed a large amount of TSI left scattered on the floor, with other sacks full of this material improperly stored in another building. Over the course of several conversations with SRCAA inspectors, Mischenko denied knowing about any asbestos on site. After samples confirmed TSI on the premises, Mischenko finally admitted his responsibility for removing the asbestos and placing it in sacks without following proper procedure.

The Spokane Regional Clean Air Agency and the U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.

United States v. Harvey Hugs, No. 5:22-CR-50088 (D.S.D.), AUSA Meghan Dilges

Golden Eagle Wing

On June 26, 2023, a court sentenced Harvey Hugs to 36 months’ incarceration, followed by one year of supervised release. Hugs was also ordered to pay $70,000 in restitution to the National Fish and Wildlife Fund for the 14 juvenile eagles that he killed. A jury convicted Hugs in February of this year on three counts of violating the Bald and Golden Eagle Protection Act (16 U.S.C. §§ 668(a)).

In February of 2020, Montana authorities received information that Hugs, who had been convicted of trafficking in eagles in 2012, was trafficking golden eagle feathers again. At trial, prosecutors presented phone calls and text messages from Hugs offering to sell eagle feathers. On two separate occasions, Hugs sold golden eagle tails for several hundred dollars each. On a third occasion, Hugs sold a set of golden eagle wings and a gold eagle tail for $1,000. For each sale, Hugs mailed the golden eagle feathers to South Dakota and requested that the buyer wire the payment to Montana using his daughter’s name.

On March 3, 2021, authorities executed a search warrant at Hugs’ Montana home, seizing multiple items, including additional eagle tails and wings. Forensic analysis confirmed that items seized from Hugs’ home genetically matched items he sold and shipped during this case.

The U.S. Fish and Wildlife Service and the Montana Game and Fish Department conducted the investigation.

 

 

 

 

 

United States v. Patrick Huse, No. 2:21-CR-00002 (E.D. La.), AUSAs Spiro G. Latsis and J. Ryan McLaren

Oil sheen from MP-310A

On June 22, 2023, a court sentenced Patrick Huse to pay a $5,500 fine and complete a two-year term of probation. Huse pleaded guilty to violating the Clean Water Act for negligently discharging oil and other hazardous substances into the Gulf of Mexico (33 U.S.C. §§ 1321(b)(3), 1319(c)(1)(A)).

Huse worked as a Person-In-Charge of an oil platform known as Main Pass 310A (MP-310A). In July 2015, workers noticed a sheen on the water coming from the platform. They alerted Huse that sand had likely built up in the filtration equipment. Rather than repairing or replacing the equipment, Huse directed the crew to close certain wells, but otherwise kept the platform operating. As a result, the discharges continued for four more days until a worker activated an emergency shutdown device. Around the time of the emergency shutdown, inspectors announced their plans to return to finish an inspection. Huse instructed the operators to tell inspectors they needed to shutdown in order to clean and replace equipment, but not to mention a sheen.

The U.S. Environmental Protection Agency Criminal Investigation Division and the Department of the Interior Office of Inspector General Energy Investigations Unit conducted the investigation.

United States v. Francisco Lopez, No. 3:22-CR-02936 (S.D. Calif.), ECS Senior Trial Attorney Stephen DaPonte and AUSA Melanie Pierson

On June 21, 2023, a court sentenced Francisco Lopez, Jr., to complete a one-year term of probation and pay $1,200 in restitution. Lopez pleaded guilty to conspiring to violate the Federal Insecticide, Fungicide, and Rodenticide Act and failing to present a vehicle for inspection (18 U.S.C. § 371).

Authorities apprehended Lopez in November 2022 as he attempted to enter the United States at the Calexico East Port of Entry with eight bottles of undeclared Taktic, an illegal Mexican pesticide, in his vehicle.

Those involved in clandestine marijuana grows use illegal pesticides to cultivate unregulated marijuana on both public and private land in the United States.

The U.S. Environmental Protection Agency Criminal Investigation Division, Homeland Security Investigations, and Customs and Border Protection conducted the investigation.

United States v. Pure Addiction Diesel Performance, LLC, et al., No. 3:23-CR-00189 (D. Ore.), AUSA Ryan Bounds and SAUSA Karla Perrin

On June 20, 2023, a court sentenced a diesel repair shop and the company owner for violating the Clean Air Act (42 U.S.C. § 7413 (c)(2)(C)). Pure Addiction Diesel Performance, LLC, paid a fine of $148,733 to the U.S. Environmental Protection Agency per a previous consent order. The company also will complete a three-year term of probation and abide by the conditions ordered in the consent agreement. Company owner, Travis Turner, pleaded guilty to being an accessory and was sentenced to six months’ incarceration (18 U.S.C. § 3).

Between 2018 and 2020, Pure Addiction tampered with and disabled the emissions control systems of approximately 245 diesel vehicles. The company charged its customers approximately $2,000 for each job, collecting more than $400,000 over this two-year period.

Turner helped his company evade attention from law enforcement by issuing and subsequently providing sales invoices to investigators that included inaccurate or incomplete information about the company’s illegal vehicle modifications. For example, 46 of the service invoices Turner provided reflected “parts only” transactions when, in fact, those transactions included additional illegal service work.

The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.

United States v. Michael Brown, No. 2:22-mj-01164 (D. N.J.), AUSA Kathleen O’Leary

On June 27, 2023, a court ordered Michael Brown to pay a $4,000 fine and complete a one-year term of probation, to include six months’ home confinement. Brown, a chief engineer of a towing vessel, pleaded guilty to violating the Clean Water Act for negligently discharging marine diesel fuel oil into the Kill Van Kull (33 U.S.C. §§ 1319(c)(1), 1321(b)(3)).

On September 12, 2016, Brown failed to exercise due care while transferring fuel oil to the towing vessel, causing hundreds of gallons of fuel oil to discharge into the Kill Van Kull. When questioned by the Coast Guard, Brown failed to disclose that the spill originated with the towing vessel. The Kill Van Kull, a tidal straight that connects Newark Bay with Upper New York Bay, is a navigable water of the United States.

The U.S. Coast Guard Investigative Service conducted the investigation.

United States v. Black Diamond Coal, LLC, et al., No. 7:22-CR-00012 (E.D. Ky.), AUSA Emily Greenfield and SAUSA Jason Grover

On June 8, 2023, a court sentenced Black Diamond Coal, LLC, and Walter Perkins, a certified dust examiner, for violating the Mine Safety and Health Administration’s (MSHA) regulations requiring accurate respirable coal-dust-sampling in underground coal mines (30 U.S.C. §§ 820(d), (f)). Black Diamond will pay a $200,000 fine and complete a two-year term of probation.

The court further sentenced the company to pay restitution in the amount of $400 per employee who worked at the mine between October 6, 2020, and October 8, 2020, but who is not currently receiving employment or disability benefits that cover the costs of industry-accepted screenings or treatments for pneumoconiosis (“black lung”), silicosis, or similar mining related ailments.

Perkins was sentenced to a 12-month split sentence, of six months’ incarceration and six months’ home detention (with credit for time-served), followed by one year of supervised release, for pleading guilty to making a false statement (18 U.S.C. § 1001).

On October 6and 7, 2020, Black Diamond Coal submitted dust-sampling results to MSHA for its required quarterly sampling. The documents indicated abnormally low readings, prompting MSHA to investigate. On October 8, 2020, MSHA inspectors and investigators visited the Black Diamond Number 1 mine in Floyd County. They found the company’s continuous personal dust monitor (CPDM) sitting on a table in a first aid trailer. The CPDM is required to be worn by a miner underground during his normal shift, to accurately sample the coal dust underground. A forensic analysis of the CPDM confirmed that it had not moved in days, despite Black Diamond submitting dust samples claiming it was conducting its required sampling underground.

The mine employed Perkins as an MSHA-certified dust-examiner. As part of his certification, he was trained by MSHA on how to properly conduct dust-sampling. When confronted with the CPDM running in the first aid trailer, Perkins claimed that he had given the equipment to a miner operating the continuous mining machine, but that the miner returned it to him stating it stopped working. Perkins later admitted that he never gave the CPDM to the miner to take inside the mine.

The Mine Safety and Health Administration conducted the investigation.

United States v. Lynn Eich, No. 4:22-CR-00175 (W.D. Mo.), AUSAs Brent Venneman and Casey Clark

Lead-contaminated soil dug out of playground

On June 1, 2022, a court sentenced Lynn Eich to pay a $40,000 fine and complete a five-year term of probation. Eich’s employer, Environmental Quality Management (EQM), has paid more than $2 million in restitution in two federal civil settlements: EQM paid $1,708,748 related to violations of the Comprehensive Environmental Response, Compensation, and Liability Act, and $338,119 for violations of the False Claims Act. These settlement agreements, executed on April 24, 2023, fully compensate the government for the cost of   removing lead contamination from Granby Park.

In October 2015, the Army Corps of Engineers (ACOE) and the U.S. Environmental Protection Agency (EPA) awarded a $12M contract to a remediation company to remove mine waste at the Newton County Mine Waste Remediation Superfund Site (Newton County Project) near Granby, Missouri. Between January 2016 and June 2018, Eich worked as the project manager for the remediation company. Previous mining and smelting operations contaminated the surface soil with lead. The remediation process required removing contaminated soil from a specified area and replacing it using clean fill material. This process required testing both the contaminated and clean fill material.

Approximately one month before receiving the Newton County Project contract, the EPA awarded the remediation company a contract in Oronogo, Missouri, for a similar but larger soil remediation project. The company did not anticipate receiving both contracts, and Eich was forced to reassign personnel to cover both projects. He told the ACOE that the Newton County Project replacement manager had comparable experience as the person listed on the original application and that the replacement was qualified to fulfill the same duties. The truth, however, was that the replacement possessed little to no experience testing soil for hazardous materials.

Specifically, between September 2016, and October 2016, the Newton replacement manager failed to properly test fill material used to remediate the Granby City Park. After Eich learned the manager was not testing the soil properly, he assigned another individual to assist with testing. However, this person also was unqualified for the job.

In October 2016, the site superintendent, who reported to Eich, received laboratory analysis of two samples taken from the off-site soil source. One sample indicated lead levels of 640 mg/kg and the other indicated a lead level of 720 mg/kg, both in excess of the 100 mg/kg limit. No one reported these results to the EPA or the ACOE.

On February 2018, the remediation company sent the ACOE a final invoice certifying that the company completed the work according to the contract's specifications. The 

contract required EQM to remediate lead levels below 400 mg/kg and specified that any offsite backfill used contain no more than 100 mg/kg. In fact, the offsite backfill used in the Granby City Park had lead levels in excess of 400 mg/kg.

 In June 2018, Eich called the ACOE and indicated they had found a "hot spot" in the Granby City Park. During the call, Eich misrepresented to the ACOE the scope of the problem, stating that the contaminated area was less than 1,000 cubic yards, despite knowing that lead could be found throughout the park. Eich also submitted a map to the ACOE purporting to show that the area of contamination was limited which was not true. The ACOE relied upon this map to help it determine the appropriate level of clean-up response.

In May 2019, the EPA National Enforcement Investigations Center conducted additional sampling at the park. NEIC collected a total of 42 samples showing lead readings greater than 400 mg/kg. As a result, the EPA hired another remediation contractor to finish the job. Eich pleaded guilty to making a false statement (18 U.S.C. § 1001).

The U.S. Environmental Protection Agency’s Office of Inspector General and Criminal Investigative Division, the U.S. Department of Defense’s Office of Inspector General and Criminal Investigative Service, and the Army Criminal Investigative Division Major Procurement Fraud Unit conducted the investigation.

United States v. Integral Hygienic Solutions Inc., dba TruClean, et al., No. 3:22-CR-02607 (S.D. Calif.), ECS Senior Trial Attorney Stephen DaPonte and AUSA Melanie Pierson

On June 2, 2023, a court sentenced Integral Hygienic Solutions Inc., dba TruClean, and its owners, Ray Louis Smith, Jr., and Ramont Joseph Smith, to complete five-year terms’ of probation. All three are jointly responsible for $823,669 restitution to be divided between several victims.

This sanitation company pleaded guilty to wire fraud and violating the Federal Insecticide, Fungicide, and Rodenticide Act for claiming that its antimicrobial cleaning product was tested and approved by the U.S. Environmental Protection Agency (EPA) (7 U.S.C. §§136j(a)(1)(A), 1361(b)(1)(B); 18 U.S.C. § 1343).

At the beginning of the pandemic, TruClean and the Smiths applied their own labels on bottles of chemical products purchased from another company. The defendants then marketed, sold, and distributed the newly re-labeled products as effective against COVID. The company falsely claimed that its re-labeled product, TruClean 365, eliminated bacteria and viruses on treated surfaces for one year with a single application. The company also falsely claimed that it submitted its product to the antimicrobials division at the EPA for testing and that the agency validated their claim of one year of effectiveness through “rigorous testing.” EPA regulates products represented to kill viruses in the environment as pesticides. None of these were registered as a pesticide by the EPA.

The U.S. Environmental Protection Agency Criminal Investigation Division, Homeland Security Investigations and Customs and Border Patrol conducted the investigation.

Environmental Crimes Bulletin

Updated December 13, 2023
Component
Environment and Natural Resources Division

Related Content

bags with caiman and python skin
Blog Post
Environmental Crimes Bulletin April 2024 Week 4

This week’s cases include violations of the Lacey Act, Clean Water Act, and and Animal Welfare Act.

Blog Post
Environmental Crimes Bulletin April 2024 Week 3

This week’s cases include violations of the Clean Air Act.

Discharging oil
Blog Post
Environmental Crimes Bulletin April 2024 Week 2

This week’s cases include violations of the Clean Air Act and Migratory Bird Act.