VICE PRESIDENT OF EAST LYME COMPANY AND U.S. ATTORNEY’S OFFICE ENTER INTO DEFERRED PROSECUTION AGREEMENT
David B. Fein, United States Attorney for the District of Connecticut, and Michael E. Hubbard, Special Agent in Charge of the Environmental Protection Agency Criminal Investigation Division, today announced that JOHN JACKSON, 60, of Milford, Conn., and the United States Attorney’s Office have entered into a Deferred Prosecution Agreement relating to JACKSON’s submission of a false document to the Environmental Protection Agency. The Agreement was filed today.
“The U.S. Attorney’s Office is committed to working with the EPA to enforce federal laws and regulations that have been established to monitor the distribution of chemicals in order to protect the environment and our safety,” stated U.S. Attorney Fein.
“This case is another example of our commitment to aggressively investigate those who violate the laws designed to protect human health and the environment,” stated Special Agent in Charge Hubbard.
According to court documents and statements made in court, JACKSON is a vice president of Embalmers Supply Company (“ESC”), of East Lyme, Conn., with previous responsibilities that included Environment, Health and Safety duties. ESC is a registered pesticide-producing establishment subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”). Pesticide-producing establishments must report to the Environmental Protection Agency (“EPA”) annually the types and amounts of each pesticide product produced, sold, or distributed. ESC failed to submit annual production reports (“APRs”) for 2008 and 2009 and, in September 2010, EPA issued a Consent Agreement and Final Order to ESC for failing to submit the APRs and assessed a penalty of $10,800. Among the findings forming the basis of the penalty assessment was the fact that EPA had sent ESC courtesy notices each year, reminding ESC of the requirement to submit an APR.
On November 5, 2010, during discussions regarding the penalty assessment, JACKSON informed EPA that, in 2007, ESC had moved from Stratford, Conn., to East Lyme, and that ESC had notified EPA in writing of the move. EPA asked JACKSON for a copy of the notification sent to EPA. On November 8, 2010, JACKSON faxed a letter dated November 1, 2007, with his signature affixed, to the EPA, which contained a notification of ESC’s address change from Stratford to East Lyme. JACKSON had, in fact, created the fraudulent document on or after November 5, 2010, and backdated and signed it in an attempt to support its claim that ESC had notified EPA of the address change, all to avoid exposing ESC to a fine for failing to file APRs in 2008 and 2009.
On November 4, 2011, the U.S. Attorney’s Office filed an Information in the U.S. District Court for the District of Connecticut charging JACKSON with creating a false document to avoid a fine for failing to file annual production reports. The U.S. Attorney’s Office has recommended to the Court that prosecution in this District for the offense be deferred for a period of 18 months provided that JACKSON abide by several conditions of the Agreement, under the supervision of the United States Probation Office. The several standard conditions of supervision include that JACKSON may not commit another federal, state, or local crime during the term of supervision. JACKSON also has agreed to resign from any duties relating to Environmental, Health and Safety issues at ESC, and will refrain from seeking or obtaining employment in any EHS capacity for a period of four years.
In addition, JACKSON has agreed to contribute $25,000 to the Connecticut Statewide SEP Account, managed by the Connecticut Department of Energy and Environmental Protection (DEEP), to be used to fund projects to protect public health and the environment from risks associated with pesticides regulated under FIFRA. JACKSON also has issued a public apology.
The Agreement expires in 18 months. If, at that time, JACKSON is in full compliance with all of his obligations under the Agreement, the Government will seek dismissal of the charges against JACKSON and will not prosecute him for the conduct alleged in the Agreement.
This case was investigated by Environmental Protection Agency, Criminal Investigation Division, and is being prosecuted by Assistant United States Attorney Felice M. Duffy and Special Assistant United States Attorney Dianne Chabot.
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