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Justice News

Department of Justice
U.S. Attorney’s Office
District of South Dakota

FOR IMMEDIATE RELEASE
Tuesday, August 13, 2013

California Man And Woman Charged With Discharge Of A Pollutant From A Point Source

United States Attorney Brendan V. Johnson announced that two Hacienda Heights, California, residents have been indicted by a federal grand jury.

Sean Clark, age 47, and Devorah Lopez, age 50, d/b/a Glencoe CampResort II, were indicted by a federal grand jury on July 17, 2013, for Discharge of a Pollutant from a Point Source into a Water of the United States. The Indictment alleges that in both 2011 and 2012 the defendants discharged fill material into Bear Butte Creek. They appeared before U.S. Magistrate Veronica L. Duffy on August 12, 2013, and pled not guilty to the Indictment. 

The maximum penalty upon conviction is 3 years of imprisonment, not less than $5,000 nor more than $50,000 fine per day of violation, or both; 1 year of supervised release, an additional year of supervised release upon revocation; and a mandatory $100 each special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.  The charge is merely an accusation, and Clark and Lopez are presumed innocent until and unless proven guilty.

The investigation is being conducted by the U.S. Environmental Protection Agency and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. 

Clark and Lopez were released on bond pending trial which has been set for October 15, 2013.

Updated June 22, 2015