Informational: Federal Court Arraignments
The United States Attorney's Office announced that during a federal court session in Missoula, on September 15, 2011, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
SEVILLE COLONY, INC., THOMAS WIPF, age 55, and EDWARD WALDNER, age 62, of Cut Bank, appeared on charges of making false statements and misapplication of pesticides. They are currently released on special conditions. If convicted of these charges, they face possible penalties of 5 years in prison, a $250,000 fine and 3 years supervised release. Assistant U.S. Attorney/Criminal Chief Kris McLean is the prosecutor for the United States. The investigation was conducted by the Inspector General's Office for the Environmental Protection Agency.
The defendants pled not guilty to the charges.
Product labels are designed to ensure the safe use and application of pesticides. Using pesticides improperly is illegal and can put people, animals and the environment at risk," said Lori Hanson, Special Agent in Charge of EPA's Criminal Enforcement Program in Montana. "Today's indictments show that individuals who misuse these products or give false statements to investigators will be prosecuted."
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.