Blog Post
Environmental Crimes Bulletin – August 2026
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The Environmental Crimes Bulletin is a monthly publication produced by the Environmental Crimes Section.
Leadership
Joseph Poux, Acting Chief
Contact
Email: Joseph.Poux@usdoj.gov
Phone: (202) 532-3062
In This Issue:
Cases by District/Circuit
| District/Circuit | Case Name | Conduct/Statute(s) |
|---|---|---|
| Third Circuit Court of Appeals | United States v. Ben Wootton, et al. | Biodiesel Fraud |
| District of Arizona | United States v. Miguel Payan, et al. | Vehicle Testing; Clean Air Act |
| Eastern District of California | United States v. Paulo Perez-Mendoza | Pesticide Smuggling; Conspiracy |
| Southern District of California | United States v. Tyler Muehl | Sea Lion Harassment; Marine Mammal Protection Act |
| United States v. Georgina Bribiesca Chavez, et al. | Reptile Trafficking; Lacey Act | |
| District of Connecticut | United States v. Harry Batchelor, Jr. | Oil Dumping; Resource Conservation and Recovery Act |
| Southern District of Florida | United States v. Sunseeker International Ltd., et al. | Timber Sales; Lacey Act |
| Northern District of Georgia | United States v. Norman Dixson | Dog Fighting; Animal Fighting Venture |
| District of Hawaii | United States v. Michael Vaituulala | Cock Fighting; Conspiracy; Wire Fraud |
| District of Idaho | United States v. Chad M. Kulow, et al. | Illegal Outfitting; Lacey Act |
| Southern District of Illinois | United States v. Ronald D. Koontz, et al. | Underground Mine Fire; Conspiracy; Obstruction; Mine Safety Act |
| Southern District of Iowa | United States v. Wyatt C. Greenfield | Geese Killing; Migratory Bird Treaty Act |
| Western District of Kentucky | United States v. Nicholas A. Upchurch | Charcoal Producer; Clean Air Act |
| Western District of Missouri | United States v. Ralph Burleigh, et al. | Dog Fighting; Animal Welfare Act; Conspiracy |
| District of New Jersey | United States v. Willam Randolph Hires | Refrigerant Imports; American Innovation and Manufacturing Act; Clean Air Act |
| Northern District of Ohio | United States v. Russell Stewart | Employee Death; Obstruction; Occupational Safety and Health Act |
| Southern District of Ohio | United States v. Kimberly Anglin | Animal Crush Videos; Conspiracy |
| United States v. Patrick Naylor | ||
| District of Oregon | United States v. Linh Luu, et al. | Wildlife Trafficking; Lacey Act |
| Western District of Oklahoma | United States v. Delvon J. Rice | Spider Monkey Sale; Lacey Act |
| Eastern District of Pennsylvania | United States v. MSC Shipmanagement Limited, et al. | Vessel Oil Discharges; Act to Prevent Pollution from Ships |
| District of Puerto Rico | United States v. César P. Borges-Arroyo, et al. | Slaughterhouse Discharges; Conspiracy; Clean Water Act |
| United States v. Héctor Rivera González, et al. | Songbird Trafficking; Conspiracy; Migratory Bird Treaty Act | |
| District of Rhode Island | United States v. Jose Rivera, et al. | Cockfighting; Animal Welfare Act; Animal Fighting Venture |
| District of South Carolina | United States v. MSC Shipmanagement Limited, et al. | Ports and Waterways Safety Act; Failing to Report Hazardous Condition; Obstruction |
| Southern District of Texas | United States v. Richard L. Bowers | Duck Hunting; Lacey Act; Migratory Bird Treaty Act |
| United States v. Santos Guerrero | Bald and Golden Eagle Protection Act | |
| Western District of Washington | United States v. Benjamin G. Allen | Bald and Golden Eagle Protection Act; Migratory Bird Treaty Act |
| Western District of Wisconsin | United States v. Wisconsin Cheese Group | Unpermitted Pollution Discharge; Clean Water Act |
Appellate Decisions
United States v. Ben Wootton, et al. (3rd Cir. Nos. 20-3242, 20-3216, 25-2003).
On August 27, 2026, the Third Circuit Court of Appeals issued a nonprecedential decision affirming the criminal convictions against Ben Wootton and Race Miner for conspiracy and false statements relating to federal regulatory programs to incentivize the use of biofuels.
The defendants were principals of Keystone Biofuels, Inc., a company that purported to produce “biodiesel,” a diesel fuel manufactured from restaurant grease or vegetable oil. Wootten and Miner were convicted of conspiring to defraud the Internal Revenue Service (IRS) and filing false tax claims seeking tax credits for “phantom” fuel that was never produced), fuel that did not meet technical standards for biodiesel, and fuel that had not been blended with diesel (a requirement for receiving the tax credit).
The defendants were convicted of conspiring to defraud the Environmental Protection Agency (EPA) and making false claims in a matter within EPA’s jurisdiction by falsely generating renewable identification numbers (RINs) for biodiesel. The defendants marketed this biodiesel to fuel producers as meeting Clean Air Act renewable fuel standards, when in fact they knew that it did not meet technical standards for biodiesel.
On appeal, the defendants argued : (1) that the IRS and EPA requirements are ambiguous with respect to when the biodiesel specification must be met and that the jury was not properly instructed on the need to find guilt under any reasonable interpretation; (2) that the evidence was insufficient to show guilt under the defendants’ proffered regulatory interpretations; and (3) that prosecutors violated the defendants’ rights under Brady and Giglio by failing to produce adverse personnel evaluations that were allegedly material for the purpose of impeaching two EPA case agents.
The Third Circuit held that EPA’s RIN regulations and the tax code are not ambiguous as to when the fuel standards must be met for regulatory purposes, and that the district court did not err in failing to provide instruction on regulatory ambiguity. The court likewise rejected the defendants’ arguments on sufficiency of the evidence, finding that the EPA regulations “unambiguously required fuel to be up-to-spec at the time of RIN generation.” Regarding the alleged Brady and Giglio violations, the court held that undisclosed personnel materials relating to one EPA agent were not material to the agent’s testimony and that the nondisclosure did not “undermine confidence in the verdict.” As the court observed, the second agent did not testify at trial and “Brady does not entitle a defendant to disclosures of impeaching information as to a search warrant affiant.”
Recently Charged
United States v. Benjamin G. Allen
- No. 3:26-CR-05262 (Western District of Washington)
- AUSA Sean Waite
On August 3, 2026, prosecutors filed an information charging Benjamin G. Allen with violating the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act (16 U.S.C. §§ 668(a), 703, 707(a)). Trial is scheduled for November 9, 2026.
On February 5, 2026, a concerned citizen contacted Washington Department of Fish and Wildlife officers after finding a dead eagle with blood around its head. Another witness heard a gunshot earlier in the day. Allen kept chickens not far from where the dead eagle was discovered. A veterinary examination revealed the eagle had two shotgun pellets in its brain, which killed it.
The U.S. Fish and Wildlife Service Office of Law Enforcement and the Washington Department of Fish and Wildlife conducted the investigation.
Related Press Release: Western District of Washington | Brush Prairie, Washington, man charged with killing Bald Eagle | United States Department of Justice
United States v. Ronald D. Koontz, et al.
- No. 4:26-CR-40047 (Southern District of Illinois)
- ECS Senior Trial Attorney Lana Pettus
- AUSA Kevin Burke
- ECS Paralegal Chloe Harris
On August 4, 2026, prosecutors charged four defendants in a nine-count indictment relating to a fire that occurred at the MC#1 Mine in Franklin County, Illinois, operated by M-Class Mining. The defendants are Ronald D. Koontz, the former General Manager of a company providing oversight and support of M-Class and the mine; former mine Superintendent Demitrios George Macropoulos; former Second Shift Manager Randy L. Nowland; and former Third Shift Manager Cory Taylor Humphrey.
On August 13, 2021, a fire ignited in the MC#1 Mine as personnel used cutting torches to cut collapsed steel beams in the mine that had blocked an entryway to the mining face and stopped the mining equipment from moving. When the fire could not be extinguished within 10 minutes, the approved Mine Emergency Evacuation and Firefighting Plan required the company to evacuate the miners and notify the U.S. Mine Safety and Health Administration (MSHA). The defendants decided not to follow the plan. Instead, they directed that workers continue to mine coal while others engaged in ad hoc firefighting efforts overnight and through the following morning of August 14. MSHA was ultimately alerted to the existence of the fire by an anonymous tip on the morning of August 14.
After confirming the existence of the fire, MSHA issued a safety order evacuating the mine. The safety order further prohibited miners from re-entering the mine without prior notification to and authorization from MSHA. The Agency also began investigating the cause of the fire and the response of M-Class and its employees.
Koontz, Macropoulos, Nowland, and Humphrey are charged with conspiring to defraud MSHA by concealing the fire and other hazards at the mine. The defendants also took steps to interfere with MSHA’s investigation of the fire and the Agency’s ability to administer safety-related orders in the aftermath of the fire. Those steps include falsifying records, not wearing tracking devices that would track and record their locations within the mine, lying to other miners about the reason for stopping work at the mine, and concealing at least one portable gas detector from MSHA inspectors. The defendants kept the miners working underground for all or portions of three shifts while unsuccessfully fighting the fire.
The defendants are charged with violating a mandatory safety standard under the Federal Mine Safety and Health Act (the Mine Act) by refusing to timely evacuate the mine and failing to notify MSHA as required. Nowland and Humphrey are charged under the Mine Act with falsifying records required to document mine hazards. Koontz and Macropoulos are charged with obstructing an MSHA proceeding for entering the mine in violation of the MSHA safety order. Koontz is further charged with obstruction for directing another supervisor to delete a record reflecting a telephone call Koontz made to the supervisor after MSHA began its investigation of the fire. (18 U.S.C. §§ 371, 1505,1519; 30 U.S.C. §§ 820(c),(d)).
The Department of Labor Office of Inspector General and the Federal Bureau of Investigation conducted the investigation.
United States v. Harry Batchelor, Jr.
- No. 3:26-CR-00142 (District of Connecticut)
- AUSA Hal Chen
On August 5, 2026, the court unsealed an indictment charging Harry Batchelor, Jr., with violating the Resource Conservation and Recovery Act for illegally transporting and disposing of used oil (42 U.S.C. § 6928(d)(7)(B)). Trial is scheduled for March 23, 2027.
On May 12, 2025, Batchelor and others dumped 11 55-gallon drums containing used oil at an abandoned property in Hartford, Connecticut. The drums also leaked oil onto the neighboring property. That property was occupied by Chrysalis Center, Inc., a non-profit community organization providing underprivileged families with housing and food support, among other services. Chrysalis also supports a community garden on its property to provide city residents with free vegetables.
The Connecticut Department of Energy and Environmental Protection is cleaning up the property.
Batchelor has a prior federal conviction for racketeering due to his involvement in a violent Bridgeport street gang. At the time of the current offense, Batchelor was subject to a three-year term of supervised release, following a 50-month jail sentence imposed in 2023.
The U.S. Environmental Protection Agency Criminal Investigation Division and the U.S. Department of Transportation Office of Inspector General conducted the investigation, with assistance from the Connecticut Department of Energy and Environmental Protection.
Related Press Release: District of Connecticut | Bridgeport Man Charged with Dumping Used Oil at Abandoned Property in Hartford | United States Department of Justice
United States v. Michael Vaituulala
- No. 1:26-mj-00746 (District of Hawaii)
- AUSA Jeannette Graviss
- AUSA Michael Nammer
On August 6, 2026, prosecutors filed a complaint charging Michael Vaituulala, a lieutenant with the Maui Police Department (MPD), with conspiracy to commit wire fraud (18 U.S.C. §§ 1343, 1345, 1349).
According to the complaint, Vaituulala used his position as a lieutenant in the Maui Police Department for personal gain over many years. Vaituulala accepted regular cash payments from individuals organizing illegal cock fights in exchange for using his official position to ensure that MPD did not enforce animal fighting laws against those individuals. Vaituulala and others met with fight organizers to discuss logistics and conditions for holding the fights, and Vaituulala approved the locations and days of the fights.
Vaituulala also protected individuals engaged in drug trafficking and shared confidential law enforcement information with them in exchange for cash payments. This included the identities of confidential sources, evidence photos, and details concerning wiretaps and ongoing investigations. Vaituulala aspired to become the “Larry Mehau” of Maui – a reference to a former Big Island police officer who acted as the godfather of organized crime in Hawaii.
The Federal Bureau of Investigation conducted the investigation, with assistance from the U.S. Department of Labor Office of Inspector General and the U.S. Environmental Protection Agency Criminal Investigation Division.
Related Press Release: District of Hawaii | Maui Police Department Lieutenant Charged with Taking Bribes from Criminals to Protect Chicken Fighting and Drug Operations on Maui | United States Department of Justice
United States v. Linh Luu, et al.
- Nos. 6:26-CR-00297, 00298 (District of Oregon)
- ECS Senior Trial Attorney Ryan Connors
- AUSA Will McClaren
- ECS Paralegal Jillian Grubb
On August 12, 2026, the government filed informations charging Linh Luu and Kevin Le with trafficking rhinoceros’ horns, lion teeth, a tiger pelt, and black bear gallbladders in violation of the Lacey Act (16 U.S.C. §§ 3372(a)(1), 3373(d)(1)(A)). A change of plea and sentencing hearing is scheduled for October 23, 2026.
The defendants exported the bear gallbladders to Vietnam and imported the other wildlife items to Oregon without declaring them or obtaining the permits required by the Convention on International Trade in Endangered Species of Wild Flora and Fauna and the Endangered Species Act.
The U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation, with assistance from Homeland Security Investigations and the Oregon State Police.
United States v. César P. Borges-Arroyo, et al.
- No. 2:26-CR-00325 (District of Puerto Rico)
- ECS Senior Trial Attorney Patrick Duggan
- AUSA Seth Erbe
- ECS Paralegal Jillian Grubb
On August 12, 2026, the court unsealed an indictment charging César P. Borges-Arroyo, Neftalí Borges-Gómez, Erison Delgado-Santos, Héctor Fulgencio-Cabrera, and Ganaderos Borges, Inc. (GBI), with conspiracy and four violations of the Clean Water Act (18 U.S.C. § 371; 33 U.S.C. §§ 1311(a), 1319(c)(2)(A)).
GBI is a corporation in Naguabo, Puerto Rico, that operates a slaughterhouse and meat processing plant. The operations encompass receiving and holding live animals for slaughter, butchering animals, and production of consumer-ready meat products. According to the indictment, the defendants conspired to knowingly discharge a pollutant (wastewater from the meat processing waste retention lagoon) into waters of the United States without a Clean Water Act permit.
Between August 2018 and September 2025, GBI president Borges-Arroyo and GBI operator Borges-Gómez directed employees, including Delgado-Santos and Fulgencio-Cabrera, to discharge liquid waste from GBI’s waste retention lagoon towards an adjacent creek using a submersible pump placed in the waste retention lagoon and connected to a hose. The defendants were seeking to avoid paying millions of dollars in annual waste removal costs. GBI held a non-discharge wastewater treatment permit that required the company to haul liquid waste from the facility to a disposal facility. At no time was any waste permitted to be discharged on-site or to any other body of water. This permit expired in July 2019, and they continued to violate the Clean Water Act until September 2025.
GBI generated waste from various on-site processes, including animal intake, slaughtering, hide removal, butchering, and cleaning. The waste included animal blood, hair, tissue, and feces, as well as grease, wastewater, disinfectant, and other liquids used inside the GBI slaughterhouse and processing areas. The mixed waste flowed from the facility to a discharge pipe that emptied into a waste retention lagoon located on the southwest corner of the GBI property. The western edge of the waste retention lagoon is next to a creek which travels approximately half-a-mile to the Caribbean Sea at Tropical Beach in Naguabo, Puerto Rico.
To conceal the illegal waste discharge, the defendants hid the submersible pump and hose when not in use and provided false and misleading statements and documents to authorities to hide their illegal activities.
The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation with assistance from the Federal Bureau of Investigation. Both agencies participate in the Puerto Rico and U.S. Virgin Islands Environmental Crimes Task Force.
Related Press Release: Office of Public Affairs | Meat Processing Plant and Employees Charged with Conspiring to Violate the Clean Water Act and Discharging Pollutants in Puerto Rico | United States Department of Justice
United States v. Tyler Muehl
- No. 26-CR-03151 (Southern District of California)
- AUSA Emily Allen
- AUSA Elizabet Brown
On August 13, 2026, Tyler Muehl pleaded guilty to an information charging him with violating the Marine Mammal Protection Act by harassing wildlife (16 U.S.C. §§1372(a)(2)(A),1375(b)). Sentencing is scheduled for October 20, 2026.
The charges stem from a viral video depicting Muehl repeatedly kicking at a California sea lion that was sitting on a sea wall in La Jolla Cove on July 22, 2026. In the video, Muehl can be seen approaching the animal as if to fight it. As Muehl approached, he referred to himself as “Max Holloway,” a mixed martial arts fighter.
Muehl admitted to kicking at the sea lion four times and making contact with the animal. Muehl twice forcefully kicked at the sea lion’s face, which caused it to flinch and recoil. After the second kick, the sea lion turned and tried to flee, but Muehl chased after the animal and kicked at it a third time. As the sea lion tried to get away, it stumbled on the sea wall. Muehl kicked at the sea lion a fourth time and continued to chase the animal, ending his pursuit only when the sea lion escaped over the sea wall and made it to the beach.
The National Oceanic and Atmospheric Administration Office of Law Enforcement conducted the investigation.
Related Press Release: Southern District of California | La Jolla Teen Pleads Guilty to Harassing La Jolla Sea Lion | United States Department of Justice
United States v. Georgina Bribiesca Chavez, et al.
- Nos 3:26-CR-03213, 03507 (Southern District of California)
- AUSA Emily Allen
On August 18, 2026, prosecutors filed informations charging two defendants with trafficking wildlife over a two-year period. Authorities arrested Georgina Bribiesca Chavez on August 10, 2026,as she attempted to cross the United States-Mexico border driving a vehicle containing dozens of concealed reptiles, including four venomous, yellow-blotched palm pit vipers; three caimans; one baby crocodile; and more than 60 other protected reptiles. Co-defendant Salvado Pelayo was arrested in July 2026. Both defendants are charged with violating the Lacey Act (16 U.S.C. §§ 3372 (a)(1), 3373 (d)(1)(B)).
Upon arrival at the border, Chavez told border agents she had nothing to declare. While checking her identification, the officer discovered that Chavez had an outstanding arrest warrant related to a long-term wildlife trafficking investigation. Agents took her into custody and seized her vehicle.
The following morning, Customs and Border Patrol (CBP) officers inspected Chavez’s Volkswagen. Inside, they discovered a concealed compartment behind the rear bench seat. The compartment contained pillowcases sealed with tape, one of which was moving. CBP officials subsequently transported the wildlife to the San Diego Zoo, where zoo staff identified the animals, many of which were protected species.
Following her arrest, Chavez never told CBP officers she had live animals in her car, leaving them abandoned for nearly 24 hours. All three of the caimans died.
Chavez and Pelayo began illegally importing wildlife into the U.S. to sell to American buyers in 2023. In early 2025, the U.S. Fish and Wildlife Service began an undercover investigation into their trafficking activity. During the course of that investigation, Pelayo and Chavez sold protected turtles to undercover investigators on several occasions. Agents surveilled the defendants while they sent and received wildlife at shipping centers around San Diego.
In March 2025, undercover agents purchased four protected Mexican box turtles from Pelayo. Chavez delivered the live animals in person just hours after crossing the U.S.- Mexico border. The agent paid Chavez $2,600 in cash for the turtles. After the transaction, the turtles were transferred to the Oakland Zoo where they were identified as protected species native to Mexico. The turtles were in bad health, likely because they were caught in the wild and had contracted a respiratory disease. By May 2025, all four turtles had died.
The U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation with assistance from the National Oceanic and Atmospheric Administration and the California Department of Fish and Wildlife.
Related Press Release: Southern District of California | Two Arrested in Years-Long Scheme to Smuggle Protected Reptiles Across U.S.-Mexico Border | United States Department of Justice
Guilty Pleas
United States v. Ralph Burleigh, et al.
- Nos. 4:25-CR-00172, 4:26-CR-00301 (Western District of Missouri)
- ECS Trial Attorney Maia Foster
- AUSA Paul Becker
- AUSA David Barnes
On August 6, 2026, Ralph Burleigh pleaded guilty to conspiracy to violate the animal fighting provisions of the Animal Welfare Act by sponsoring and exhibiting a dog for fighting purposes and receiving, possessing, and transporting dogs for fighting purposes (18 U.S.C. § 371; 7 U.S.C. §§ 2156(b) 2156(a)(1)). Sentencing is scheduled for December 10, 2026.
This case centers on a “four-card” dog fighting event held on May 17, 2025, in Kansas City, Missouri, that was hosted by Vinol Wilson, a defendant in a related matter. On April 8, 2025, Wilson invited several others to participate in “Mayhem Madness 2025,” a dog fighting event to be held at his residence. Burleigh agreed to travel with a co-conspirator to the dog fighting event. The co-conspirator rented a car in Louisiana and drove with Burleigh and another co-conspirator to Kansas City, Missouri, to attend. Other participants, gamblers and spectators traveled within Missouri and from other states to attend. During the overnight period of May 17–18, 2025, after the event had ended, Burleigh and his co-conspirators attempted to return to Louisiana with a dog that had been badly injured in a fight. They were stopped by law enforcement in Arkansas on the morning of May 18, 2025, with the injured animal in their vehicle.
The U.S. Department of Agriculture Office of Inspector General and the Jackson County, Missouri, Drug Task Force, conducted the investigation.
United States v. Russell Stewart
- No. 1:25-CR-00008 (Northern District of Ohio)
- ECS Trial Attorney Dave Harden
- AUSA Segev Phillips
On August 10, 2026, Russell Stewart pleaded guilty to violating the Occupational Safety and Health Act (OSH Act) and obstructing justice following the death of an employee (29 U.S.C. §666(e); 18 U.S.C. §1505). Sentencing is scheduled for November 19, 2026.
Stewart owned and operated a small tank cleaning company in northeast Ohio. On February 20, 2020, one of Stewart’s employees, Ashley Friedman, went into a tanker trailer after it had been used to transport chemicals to clean out residue. Friedman was not attached to a retrieval line and did not sample the atmosphere inside the tank before entering. Soon after entering the tank, Friedman passed out. Ashley's mother, who also worked for Stewart and was the tank entry attendant, screamed for help. Another employee, Allen Linder, climbed to the top of the tank and saw Friedman inside. Linder entered the tank to rescue her but also lost consciousness. By the time the two workers were retrieved from the tank, both had suffered fatal injuries due to lack of oxygen.
The investigation revealed that Stewart’s employees, including Friedman, routinely failed to wear fall protection; were not provided with (or used) air monitors; and did not wear retrieval devices. Investigators determined that Stewart knew the OSH Act safety requirements, personally witnessed those violations by his employees, and failed to stop them. Additionally, during the Occupational Health and Safety Administration’s investigation, Stewart provided inspectors with falsified documents and false testimony about his company’s confined space entry policies, practices, and trainings. Stewart implied that Ashley Friedman’s behavior was out of the ordinary, claiming that he actively enforced company safety rules and policies. A federal court previously sentenced Stewart to 21 months’ incarceration for an asbestos-related offense in the Northern District of Ohio. Most of that sentence ran concurrently with a state court sentence for illegally operating a hazardous waste facility.
The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.
United States v. Kimberly Anglin, et al.
- No. 1:25-CR-00040 (Southern District of Ohio)
- ECS Senior Trial Attorney Adam Cullman
On August 12, 2026, Kimberly Anglin pleaded guilty to conspiring to create and distribute “animal crush” videos through her active participation in online groups (18 U.S.C §§ 371, (48)(a)). Sentencing is scheduled for December 2, 2026.
Co-defendant Patrick Naylor pleaded guilty to conspiring to create and distribute “animal crush” videos (18 U.S.C § 371) on August 14, 2026. Naylor is scheduled to be sentenced on December 17, 2026.
Anglin and Naylor conspired with others to create and distribute videos depicting acts of violence against monkeys. Making and sharing such videos violates the federal anti-animal crush provision of the Preventing Animal Cruelty and Torture (PACT) Act. Following her indictment, Anglin sent falsified documents to the prosecution team in an attempt to exonerate herself.
The U.S. Fish and Wildlife Service Office of Law Enforcement and the Federal Bureau of Investigation conducted the investigation.
United States v. Nicholas A. Upchurch
- No. 1:26-CR-00044 (Western District of Kentucky)
- ECS Senior Trial Attorney Adam Cullman
On August 17, 2026, Nicholas A. Upchurch pleaded guilty to violating the Clean Air Act (42 U.S.C. § 7413(c)(2)(A)).
Upchurch was the owner of Rebel Smoke, a company that produces charcoal. The process involved placing bundles of hardwood, primarily wood scraps from sawmills, into cement kilns, and burning it for several days. The resultant air emissions were supposed to be routed through emissions control facilities to reduce pollutants released to the environment. In December 2018, local officials issued the company a permit that, among other things, required it to submit a semi-annual emission report from the facility.
In August 2021, Upchurch falsified data submitted to the Commonwealth of Kentucky pursuant to the company’s air permit. Specifically, Upchurch included falsified data representing opacity observations and fire box operating temperatures, when, in fact, no one had been regularly measuring this data for the reporting period.
The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation, with assistance from the Kentucky Energy and Environment Cabinet Department for Environmental Protection.
United States v. Miguel Payan, et al.
- No. 2:25-CR-01077 (District of Arizona)
- ECS Trial Attorney Emily Stone
- AUSA Aron Ketchel
On August 26, 2026, Miguel Payan pleaded guilty to violating the Clean Air Act (42 U.S.C. § 7413(c)(2)(C)). Prosecutors charged Miguel and his wife, Ebelin Payan with conspiring to violate, and committing substantive violations of, the Clean Air Act (18 U.S.C. § 371; 42 U.S.C. § 7413(c)(2)(C)). Sentencing is scheduled for November 9, 2026.
Between February 2019 and March 2025, the defendants operated two fraudulent emissions testing businesses in the Phoenix area. They installed devices in vehicle computers that would hide or conceal any of the fault codes that an Arizona state emissions testing facility could detect during a routine annual inspection. After concealing the device under the vehicle’s dashboards, one of the Payans or their employees would drive the vehicle to the testing site. The device enabled the vehicle to pass the emissions test, which it otherwise would have failed. The driver then returned to the Payans’ business, removed the hidden device, and gave the paperwork and vehicle back to the customer.
Customers took the emissions’ passing paperwork to the Department of Motor Vehicles to register the fraudulently passed vehicles. The Payans advertised their businesses using phrases like “if you don’t pass, you don’t pay” and stated over the phone to undercover agents that they could ensure a car will pass the test even if it had previously failed.
The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.
United States v. Richard L. Bowers
- No. 4:24-CR-00607 (Southern District of Texas)
- AUSA Robert S. Johnson
On August 28, 2026, Richard L. Bowers pleaded guilty to violating the Migratory Bird Treaty Act and the Lacey Act (16 U.S.C. §§ 704(b)(2), 3372(a)(1), 3373(d)(1)(B)). Sentencing is scheduled for November 9, 2026.
On November 18, 2023, authorities conducted surveillance at Bowers’s property, known as Pull Two Ranch. They observed duck blinds near a pond and freshly spread corn clearly visible in the water. The next morning, they confronted Bowers and a group who were hunting over the corn. Bowers falsely claimed the corn was for hogs, even though all the corn was underwater.
He later admitted that he invited members of the public to hunt ducks on his property, where he illegally baited a pond with corn. Several hunters who had paid to hunt at Pull Two Ranch told investigators that it was standard procedure for Bowers to bait the pond with corn. When a hunter questioned Bowers about the illegal baiting, Bowers responded, “that’s how we get all the ducks.”
Bowers is a taxidermist by trade with a long history of state fish and game violations.
The U.S. Fish and Wildlife Service Office of Law Enforcement and the Texas Parks and Wildlife Department conducted the investigation.
Related Press Release: Southern District of Texas | Outlaw hunting guide guilty of illegally baiting pond | United States Department of Justice
Sentencings
United States v. Delvon J. Rice
- No. 5:25-CR-00375 (Western District of Oklahoma)
- AUSA Jackson Eldridge
On July 31, 2026, the court sentenced Delvon J. Rice to pay $10,200 in restitution to the U.S. Fish and Wildlife Service Lacey Act Reward Fund and complete a one-year term of probation.
Rice pleaded guilty to violating the Lacey Act for trying to sell a Mexican spider monkey to an undercover wildlife agent (16 U.S.C. §§ 3372 (a)(1), 3373(d)(1)(B)).
In May 2025, Rice arranged to transport the spider monkey from Texas to Oklahoma. He did not possess the licenses required to transport the monkey legally. Rice offered to sell the animal to an undercover investigator for $10,000, plus a $200 interstate transportation fee.
The U.S. Fish and Wildlife Service Office of Law Enforcement and the Oklahoma Department of Wildlife Conservation conducted the investigation.
United States v. Héctor Rivera González, et al.
- Nos. 3:25-CR-00503, 504 (District of Puerto Rico)
- AUSA Seth Erbe
On August 7, 2026, the court sentenced Héctor Rivera González to complete a one-year term of probation. González is the last of five defendants who pleaded guilty for trafficking migratory songbirds in violation of the Migratory Bird Treaty Act (16 U.S.C. §§ 703, 707(b)(2)).
From May 2020 through April 2024, Ricardo Morales-Colón, Derline Cordero-Galloza, Ezequiel Muñiz-Salas, Pérez-Collado, and González captured migratory birds, offering them for sale to local customers and members of private internet chat groups. Among the species the defendants sold were Bahama pintail ducks, Northern pintail ducks, black-bellied whistling ducks, Eastern spot-billed ducks, blue-wing teal, Canada geese, wood ducks, and white-crowned pigeons.
Morales-Colón, Derline Cordero-Galloza, Ezequiel Muñiz-Salas, and Pérez-Collado all pleaded guilty to conspiracy (18 U.S.C. § 371). Cordero-Galloza was sentenced to pay a $500 fine and complete a two-year term of probation. Muniz-Salas and Morales Colon will each pay a $1,000 fine and complete a two-year term of probation. Pérez-Collado was sentenced to pay a $500 fine and complete a one-year term of probation.
The U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation.
United States v. Norman Dixson
- No. 3:25-CR-00024 (Northern District of Georgia)
- AUSA Samir Kaushal
On August 7, 2026, the court sentenced Norman Dixson to two years of incarceration and three years of supervised release for promoting dogfighting (7 U.S.C. § 2156(a)(1); 18 U.S.C. § 49). Dixson, a convicted drug dealer, also fraudulently obtained federal pandemic relief money. He was sentenced to pay $125,879 in restitution to the U.S. Small Business Administration and $45,190 to the Indiana Workforce Development Program.
Videos and photographs obtained from Dixson’s social media accounts show that he has bred dogs for fighting since at least 2018. He used treadmills and other devices to condition them from birth and marketed puppies on Facebook for fighting. Dixson recorded numerous dog fights where his dogs were seriously injured, as well as videos of animals that had been killed, including by strangling.
While promoting dogfighting ventures, Dixson relied on fraudulently obtained taxpayer money to support his lifestyle. He received more than $170,000 in Paycheck Protection Program and unemployment insurance funds that he was not entitled to, lying to state and federal government agencies in order to do so.
This U.S. Department of Labor Office of Inspector General and U.S. Department of Agriculture Office of Inspector General conducted the investigation.
Related Press Release: Northern District of Georgia | Griffin Grifter Sentenced to Federal Prison for Dogfighting | United States Department of Justice
United States v. Willam Randolph Hires
- No. 3:25-CR-00784 (District of New Jersey)
- ECS Senior Trial Attorney RJ Powers
- AUSA Kruti Dharia
On August 10, 2026, the court sentenced William Randolph Hires to complete a two-year term of probation. Hires pleaded guilty to importing hydrofluorocarbons (HFCs) in violation of the American Innovation and Manufacturing Act (AIM Act) and the Clean Air Act (42 U.S.C. §§ 7675, 7413).
Hires was the chief executive officer of Extreme Residential, a Georgia-based heating, ventilation, and air conditioning company. In April 2022, Extreme Residential illegally imported 500 cylinders of HFCs into the United States from Peru. Over the next several months, U.S. Environmental Protection Agency (EPA) officials explained to Hires’s employees that, under the AIM Act, Hires’s company could not lawfully import the HFCs into the United States because it failed to obtain the required allowances from EPA. In a July 2022 email to one of Hires’ s employees, an EPA official stated, “it is not possible to import bulk HFCs without consumption allowances.”
Company employees relayed this information from the EPA to Hires several times, but he continued to ignore it.
Extreme Residential was administratively dissolved and will not be prosecuted.
The U.S. EPA Criminal Investigation Division, Homeland Security Investigations, and U.S. Customs and Border Protection conducted the investigation.
United States v. MSC Shipmanagement Limited, et al.
- Nos. 2:25-CR-001123, 2:26-CR-00683 (District of South Carolina)
- ECS Assistant Chief Stephen DaPonte
- AUSA Dean Secor
- AUSA Cole Shannon
- ECS Paralegal Chloe Harris
On August 10, 2026, the court sentenced a vessel operating company and the company’s chief engineer following a June 2024 incident in which the vessel, MSC Michigan VII, caused the evacuation of a large bridge in Charleston, South Carolina. The event also created a significant wake that injured two people, damaged ships and piers, and led to the clearing of local beaches.
MSC Shipmanagement Limited (MSC) will pay a $6 million fine and complete a four-year term of probation. The company pleaded guilty to failing to report a hazardous condition on the vessel and to obstructing a National Transportation Safety Board (NTSB) and U.S. Coast Guard (USCG) investigation. MSC must also conduct a root-cause analysis of the circumstances relating to the hazardous conditions onboard the MSC Michigan VII.
Chief engineer Fernando San Diego San Juan was sentenced to pay a $2,000 fine. He pleaded guilty to failing to report a hazardous condition and obstructing the investigation (46 U.S.C. § 70036(b)(1); 18 U.S.C. § 1505).
On June 5, 2024, the MSC Michigan VII departed from Charleston. The vessel intended to travel up the Cooper River to a turning basin. Once it turned around, it was to proceed down along the river, beneath the Arthur Ravenel Jr. Bridge, through Charleston Harbor, and out to sea. The bridge is an eight-lane thoroughfare spanning two-and-a-half miles and connecting Charleston with Mount Pleasant, South Carolina.
During the outbound transit, the linkage rod (LR) disconnected from the vessel’s governor (which regulates speed) after the vessel’s crew manually adjusted it. As a result, the main engine sped up to 16-17 knots. The bridge was evacuated over concerns the vessel might strike it, though the ship passed underneath and out to sea. The wake caused by the vessel’s passing, however, damaged ships and piers, injured two people on a beach, and forced officials to clear local beaches.
At times, the exact revolutions per minute (RPM) ordered by the MSC Michigan VII’s bridge telegraph could be achieved only if the length of the LR between the governor and fuel rack was manually adjusted. Only trained technicians should manually adjust a vessel’s governor and LR, and none of the engineering crew onboard the MSC Michigan VII were qualified to do so. Despite this, when the vessel was either entering or departing a port, the engineering crew had to pay attention to the bridge telegraph order that could be seen in the engine control room. As needed, they would go to the governor and manually adjust the length of the LR until the desired RPMs were reached.
Additionally, bridge crew members would occasionally call the engine control room and request the RPMs be raised or lowered to match the telegraph order. Chief Engineer San Diego San Juan knew that this practice was hazardous because manually adjusting the length of the LR could cause it to fail. Even so, he allowed the practice to continue.
Both the failure of the engine to achieve the RPMs dictated by the bridge telegraph and the manual adjustment to the LR during maneuvering were hazardous conditions that should have been reported to the USCG.
During their investigation, the USCG and the NTSB interviewed San Diego San Juan and asked him if the LR was ever adjusted. He lied and said that the crew never adjusted the LR and only a qualified technician would do the adjustment. The NTSB and USCG reinterviewed San Diego San Juan and asked him whether there had been a delay between the bridge telegraph and the main engine response in the past. He lied and said no. Investigators asked him again if anyone had ever adjusted the LR and he said no.
San Diego San Juan also told a few crew members what he told the USCG and told them to repeat the same version of events when questioned so they would all be on “the same page.”
The U.S. Coast Guard and the National Transportation Safety Board conducted the investigation.
Related Press Release: Office of Public Affairs | After Runaway Ship Incident in 2024 in Charleston, South Carolina, Vessel Operator and Chief Engineer Sentenced | United States Department of Justice
United States v. Wyatt C. Greenfield
- No. 4:26-CR-00031 (Southern District of Iowa)
- AUSA Debra Mendenhall
On August 10, 2026, the court sentenced Wyatt C. Greenfield to complete a six-month term of probation and perform 40 hours of community service. Greenfield was convicted of violating the Migratory Bird Treaty Act following a bench trial (16 U.S.C. §§ 703(a), 707(a)).
On March 3, 2026, Greenfield intentionally struck two Canada geese with his vehicle on a street in Ankeny, Iowa. Greenfield was driving his truck eastbound when he accelerated and swerved to strike a Canada goose in the westbound lane. He then swerved back to the eastbound lane to strike a second Canada goose.
The Polk County Sheriff’s Office conducted the investigation.
United States v. Chad M. Kulow, et al.
- No. 4:24-CR-00200 (District of Idaho)
- AUSA Justin Paskett
On August 13, 2026, the court sentenced Chad Kulow and Andrea Major for violating the Lacey Act (16 U.S.C. §§ 3372 (a)(1), (a)(2)(a), 3373 (d)(2), (d)(1)(B)). Kulow will pay a $50,000 fine and complete a five-year term of probation. Major will pay a $30,000 fine and complete a four-year term of probation. Additionally, both defendants will pay restitution to the Idaho Department of Fish and Game. Kulow will pay $20,000 in restitution and Major will pay $15,000. Co-defendant LaVoy L. Eborn is scheduled for sentencing on November 18, 2026.
In late 2021, a licensed outfitter employed Kulow, Major, and Eborn as licensed guides in the State of Idaho. During late 2021, the three began booking solo hunts and outfitting trips in Southeast Idaho and Wyoming (including on National Forest land, which required a special use permit). Idaho law requires that licensed guides operate only through licensed outfitters.
Between December 2021 and February 2022, the defendants illegally guided hunts involving the kills of 11 mountain lions, submitted falsified documentation, and received payment directly from hunters.
The U.S. Fish and Wildlife Service Office of Law Enforcement, the Idaho Department of Fish and Game, and the U.S. Forest Service conducted the investigation.
United States v. Wisconsin Cheese Group
- No. 3:26-mj-00135 (Western District of Wisconsin)
- AUSA Megan R. Stelljes
On August 14, 2026, the court sentenced Wisconsin Cheese Group (WCG) to pay a $237,500 fine and complete a one-year term of probation for violating the Clean Water Act (CWA) (33 U.S.C. § 1319 (c)(1)(B)). The company will also establish and enact an environmental compliance plan to comply with several requirements including installing special monitoring equipment, allowing unannounced inspections from the EPA, and taking all necessary actions to fully comply with its CWA permit.
Between June and November 2022, WCG disrupted the Village of Monticello’s public treatment works for a total of 19 days after it released untreated wastewater from its cheese manufacturing plant into the municipal sewer. The company greatly exceeded its permitted biological oxygen demand (BOD) levels, in several instances by more than 1,500%. At the time of the discharges, the company did not have the proper equipment necessary to ensure compliance with its permit and did not adequately train employees in wastewater management.
The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.
Related Press Release: Western District of Wisconsin | Green County Cheese Manufacturer Sentenced to Probation and $237,500 Fine for Criminally Violating Clean Water Act | United States Department of Justice
United States v. Santos Guerrero
- No. 4:26-CR-00133 (Southern District of Texas)
- AUSA Liesel LeCates Roscher
On August 20, 2026, the court sentenced Santos Guerrero to 14 days’ incarceration and a $5,000 fine. Guerrero pleaded guilty to violating the Bald and Golden Eagle Protection Act for shooting and killing a bald eagle (16 U.S.C. § 668(a)).
On October 11, 2024, witnesses reported that Guerrero shot and killed the eagle at his residence. Authorities received video footage showing the eagle being shot and falling from a tree. They proceeded to Guerrero’s residence and matched the tree to the one seen in the video. They located the eagle, which was still alive and transported it to an animal hospital. It had to be euthanized due to its injuries.
A necropsy determined the bullet caused significant damage to the eagle’s wing. The impact from the fall also caused liver fractures, internal bleeding, and a fractured leg.
At sentencing, the court heard additional evidence that Guerrero hid the bird in his garage and later lied to authorities.
The U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation with assistance from Texas Parks and Wildlife.
Related Press Release: Southern District of Texas | Bald Eagle Killer Sent to Prison | United States Department of Justice
United States v. Sunseeker International Ltd., et al.
- No. 26-CR-60078 (Southern District of Florida)
- ECS Trial Attorney Emily Stone
- AUSA Daniel Rosenfeld
- ECS Paralegal Jillian Grubb.
On August 20, 2026, the court sentenced Sunseeker International (a company based in the United Kingdom) and Sunseeker USA Sales (a Delaware corporation) to pay a $200,000 fine, complete a five-year term of probation, and implement an environmental compliance plan. The defendants pleaded guilty to violating the Lacey Act (16 U.S.C. §§ 3372(a)(2)(B)(i), 3373(d)(2)).
The companies used illegally harvested teak from Myanmar to construct their yachts in violation of British law. They then sold and transported those yachts from the United Kingdom to the United States.
The U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation.
United States v. Jose Rivera, et al.
- No. 1:24-CR-00075 (District of Rhode Island)
- ECS Assistant Chief Stephen DaPonte
- ECS Senior Trial Attorney Gary Donner
- AUSA John McAdams
- ECS Paralegal Chloe Harris
On August 27, 2026, the court sentenced Jose Rivera to pay a $200 fine and to complete a two-year term of probation. Rivera pleaded guilty to violating the Animal Welfare Act for his role in a 2022 cockfighting operation (7 U.S.C. § 2156(d)).
Rivera traveled from Massachusetts to Rhode Island to participate in cockfights. He brought gaffs or other sharp instruments with him, which he had purchased to attach to the roosters’ legs for fighting. Rivera knew that the cockfights he traveled to participate in were for sport, wagering, and entertainment.
The Department of Agriculture Office of Inspector General, the U.S. Postal Inspection Service, the Food and Drug Administration Office of Criminal Investigation, and the Rhode Island Society for the Prevention of Cruelty to Animals conducted the investigation.
The following agencies also assisted with the investigation: the U.S. Marshals Service; the U.S. Fish and Wildlife Service Office of Law Enforcement; U.S. Customs and Border Protection; Rhode Island State Police; Massachusetts State Police; Animal Rescue League of Boston’s Law Enforcement Division; and the Providence, Woonsocket, and Attleboro, Massachusetts, Police Departments.
Related Press Release: District of Rhode Island | Massachusetts Man Sentenced for Cockfighting | United States Department of Justice
United States v. MSC Shipmanagement Limited, et al.
- No. 2:26-CR-00403 (Eastern District of Pennsylvania)
- ECS Trial Attorney Lauren Steele
- AUSA Angella Middleton
- AUSA Anthony Scicchitano
On August 28, 2026, MSC Shipmanagement Limited (MSC) and Hong Kong Spirit Shipping and Trading Limited (Hong Kong Spirit) pleaded guilty and were sentenced. Both companies will pay a combined fine of $1.75 million and complete four-year terms of probation. They pleaded guilty to two counts of violating the Act to Prevent Pollution from Ships (APPS) for failing to maintain an accurate Oil Record Book (ORB) (33 U.S.C. § 1908(a)).
MSC, one of the largest shipping companies in the world, operated a fleet of sea-going vessels, including the M/V MSC Samira III. Hong Kong Spirit was the vessel’s registered owner. Between June and September 2024, senior officers in the vessel’s engine department instructed lower-level crew members to pump oily bilge water from the bilge holding tank to the sewage holding tank using portable pumps and hoses. The crew then discharged the oily bilge water into the sea using the sewage holding tank’s overboard discharge valve, bypassing the oil water separator (OWS). They also failed to record these discharges in the ship’s oil record book, as required.
Several times between September 2024 and January 2025, senior engine department crew members also tricked the OWS by running fresh water instead of oily bilge water through the equipment’s oil content monitor. This allowed them to discharge oily bilge water directly into the sea through the OWS. These discharges also were not accurately recorded in the ORB.
Second Engineer Mikhail Tsurikov pleaded guilty to violating APPS and was sentenced to complete a three-year term of probation.
The U.S. Coast Guard conducted the investigation.
Related Press Release: Eastern District of Pennsylvania | International Shipping Companies Sentenced to Pay $1.75 Million Fine for Concealing Discharges of Oily Waste Into Ocean | United States Department of Justice
United States v. Paulo Perez-Mendoza
- No. 2:24-CR-00073 (Eastern District of California)
- AUSA Calvin Lee
On August 28, 2026, the court sentenced Paulo Perez-Mendoza to complete a two-year term of probation. Perez-Mendoza pleaded guilty to conspiracy to smuggle goods into the United States and to distribute and sell unregistered pesticides (18 U.S.C. § 371).
Between January 2019 and March 2024, the defendant arranged for co-conspirators to transport illegal pesticides (Taktic and Bovitraz) from Mexico into the United States. These individuals distributed the chemicals throughout the country, including to buyers in Florida, Georgia, Oregon, and Washington. In March 2024, agents executed a search warrant at Perez-Mendoza’s residence. They found more than 200 bottles containing pesticide in a shed that one smuggler used to unload the pesticides he sold to the defendant.
The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation with assistance from Homeland Security Investigations and the Food and Drug Administration Office of Criminal Investigations.
Updated October 7, 2026