Environmental Crimes Bulletin December 2023 Week 3

In this issue:

• United States v. Kenneth Joseph Herrera, No. 3:23-CR-00076 (W.D. Wisc.), ECS Trial Attorney Mark Romley and AUSA Chad Elgersma
• United States v. Joseph Jensen, et al., Nos. 2:22-CR-00013, 00014 (W.D. Mich.), ECS Trial Attorney Joel LaBissonniere, AUSA Paul Lochner, and ECS Paralegal Sam Goins
• United States v. Michael Graves, et al., No. 2:22-CR-00186 (S.D.W.V.), AUSA Erik Goes and SAUSA Perry McDaniel
• United States v. Mathew R. Talamo, No. 5:23-CR-00484 (N.D.N.Y.), AUSA Michael F. Perry
• United States v. Dusty Caudill, No. 6:22-CR-00067 (E.D. Tex.), AUSA Jim Noble

United States v. Kenneth Joseph Herrera, No. 3:23-CR-00076 (W.D. Wisc.), ECS Trial Attorney Mark Romley and AUSA Chad Elgersma

On December 20, 2023, a court sentenced Kenneth Joseph Herrera to serve one year and a day of incarceration, followed by three years’ supervised release. Herrera also will pay a $5,000 fine. Herrera pleaded guilty to distributing animal torture videos in violation of the Animal Crushing statute (18 U.S.C. § 48).

For a period of eighteen months in 2021 and 2022, Herrera was part of a group known as “Million Tears.” The members of Million Tears aggregated money to send to videographers in Indonesia. The videographers would then physically and sexually abuse monkeys, capture the acts on video, and send those videos to members of Million Tears. As part of the plea agreement, Herrera will admit that he commissioned one such video from Indonesia, received it, and then distributed it to the group members.

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

United States v. Joseph Jensen, et al., Nos. 2:22-CR-00013, 00014 (W.D. Mich.), ECS Trial Attorney Joel LaBissonniere, AUSA Paul Lochner, and ECS Paralegal Sam Goins

On December 21, 2023, a court sentenced Joseph Jensen to pay a $4,250 fine and complete a two-year term of probation, to include six months’ home detention. Jensen also was ordered to pay $30,000 in restitution to U.S. Fish and Wildlife Service National Fish Hatchery System. In December 2023, the court sentenced his father, Robert Jenson, to similar terms of probation and to pay $211,578 in restitution. The defendants pleaded guilty to making and submitting (and causing to be submitted) false records with respect to fish in violation of the Lacey Act (16 U.S.C. §§ 3372(d)(2), 3373(d)(3)(A)(ii), (d)(3)(B)).

The Jensens are enrolled members of the Sault Ste. Marie Tribe, who commercially fish Lake Michigan pursuant to licenses issued by their tribe. James and Michael Hermes are non-tribal fish wholesalers doing business as Garden Bay Fisheries, located in Michigan’s Upper Peninsula. During 2017, the Jensens repeatedly harvested lake trout in excess of established daily trip limits. These fish were purchased by Big Bay de Noc Fisheries (the predecessor to Garden Bay Fisheries), which sold them in interstate commerce. To conceal the illegal nature of the fish, Robert Jensen falsified monthly catch reports filed with the tribe, and Big Bay de Noc Fisheries, with assistance from Joseph Jensen, falsified wholesale reports filed with the State of Michigan.

The court previously sentenced James and Michael Hermes, along with their company Garden Bay Fisheries, for selling illegally possessed fish in interstate commerce and making and submitting false records in violation of the Lacey Act (16 U.S.C. §§ 3372(d)(2), 3373(d)(2)). The three defendants are jointly and severally responsible for $180,000 in restitution to the U.S. Fish and Wildlife Service National Fish Hatchery System (with James and Michael Hermes each paying $90,000), of which $135,000 was paid at the time of sentencing. All three defendants also paid $8,500 in fines. The company will complete a four-year term of probation. James and Michael Hermes will each complete two-year terms of probation, to include six-months’ home confinement.

United States v. Michael Graves, et al., No. 2:22-CR-00186 (S.D.W.V.), AUSA Erik Goes and SAUSA Perry McDaniel

On December 21, 2023, a court sentenced Michael Graves to pay a $10,000 fine and complete a five-year term of probation, to include a special condition of one year home detention. His company, West Virginia Environmental Services, Inc., (WVES), will pay a $500,000 fine and complete a three-year term of probation. Both pleaded guilty to violating the Clean Water Act (33 U.S.C. §§ 1311 (a), 1319 (c)(2)(A)).

Graves and WVES owned and managed an industrial waste landfill in Fayette County, West Virginia. West Virginia Department of Environmental Protection inspectors determined that from February 2016 through the spring of 2019, Graves and WVES failed to maintain the landfill’s leachate collection system, bypassing treatment and allowing the leachate to discharge into Jarrett Branch, which flows into the Kanawha River. The leachate contained toxic chemicals, including arsenic, hexavalent chromium, and selenium.

The U.S. Environmental Protection Agency Criminal Investigation Division and the West Virginia Department of Environmental Protection conducted the investigation.

United States v. Mathew R. Talamo, No. 5:23-CR-00484 (N.D.N.Y.), AUSA Michael F. Perry

On December 21, 2023, Matthew R. Talamo pleaded guilty to conspiracy to violate the Clean Air Act (CAA) (18.U.S.C. § 371, 42 U.S.C. § 7413(c)(2)). Sentencing is scheduled for April 19, 2024.

Talamo operates Southern Diesel Truck Co., and Southern Diesel and Off-Road LLC (Southern Diesel). Both specialize in buying and reselling diesel vehicles and performing modifications to diesel vehicles, particularly pickup trucks.

Between January 2018 and November 2022, Talamo and Southern Diesel tampered with emission control monitoring devices and methods on hundreds of diesel pickup trucks. They charged customers thousands of dollars per vehicle for the software and hardware modifications, which enabled these trucks to emit substantially more pollutants.

The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation, with assistance from the New York State Department of Environmental Conservation.

United States v. Dusty Caudill, No. 6:22-CR-00067 (E.D. Tex.), AUSA Jim Noble

On December 19, 2023, a court sentenced Dusty Caudill to 12 months’ incarceration followed by three years of supervised release. Caudill pleaded guilty to conspiracy and violating the Lacey Act (18 U.S.C. § 371; 16 U.S.C. §§ 3372(a)(2)(A), 3373(d)(1)(B)).

On February 17, 2021, Caudill and Daryll Garcia removed African ivory tusks from the trunk of Caudill’s car and placed them in Garcia’s car. Garcia then picked up David Bartlett, who negotiated the sale of the tusks to out-of-state individuals for $10,700. Bartlett and Garcia drove the tusks from Ardmore, Oklahoma to Tyler, Texas, where undercover federal wildlife agents met them.

Garcia was sentenced to complete a two-year term of probation and perform 50 hours of community service. Bartlett was sentenced to serve 12 months of incarceration followed by one year of supervised release. The court also ordered Garcia and Bartlett to forfeit the two African ivory tusks. The two pleaded guilty to violating the of Endangered Species Act (16 U.S.C. §§ 1538(a)(1)(E) and (F), 1540(b)(1)).