U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin/October-December, 2020

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an Environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity and adjudicated cases supported by EPA Criminal Investigation Division special agents, forensic specialists, and legal support staff.

A copy of the October – December 2020 edition has been published.

The October – December Bulletin lists the follow matters:

Region

Defendants

Case Type/Status

1

Jiule Lin

Plea Agreement/Pleaded guilty to one count of alleged distribution and sale of an unregistered pesticide. Pleaded guilty to allegedly selling a lanyard that falsely claimed to protect against viruses.

1

JP Ellis Enterprises d/b/a Cape Cod Ice

Plea Agreement/Will plead guilty to allegedly violating the Clean Air Act by allegedly repeatedly failing to implement a Risk Management Plan to be executed in the event of an accidental release of anhydrous ammonia.

2

Jude Chukwuebuka Amadike

Plea Agreement/Pleaded guilty to allegedly knowingly distributing or selling an unregistered pesticide in violation of the Federal Insecticide, Fungicide and Rodenticide Act.

2

JCD Distribution, Inc., Po Shan Wong, Zhen Wu

Indictment/Information: Defendants charged with allegedly selling “Virus Shut Out Cards” marketed as air sanitizers designed to kill COVID-19 but which have not been demonstrated to be effective in treating or preventing the virus. Defendants charged with allegedly conspiring to distribute and sell one or more pesticides that are not registered with the U.S. Environmental Protection Agency and that are adulterated or misbranded.

3

Pittsburgh Water and Sewer Authority (PWSA)

Indictment/Will plead guilty to allegedly violating a NPDES permit by discharging sludge into the Allegheny River. Also will plead guilty to allegedly making false statements in written reports about the amount of sludge it was sending to a waste treatment facility.

3

David D. Klepadlo

Sentencing/Sentenced to three years supervised release, including one year of home detention, for alleged violation of the Clean Water Act and tampering with a government witness.

3

Keyston Biofuels, Inc., Ben Wootton, Race Miner

Sentencing/Wootton sentenced to 70 months and Miner sentenced to 66 months for alleged conspiracy, making false statements to defraud the IRS, and preparing a false tax claim.

3

Libertas Copper d/b/a Hussey Copper

Plea Agreement/Pleaded guilty to allegedly submitting a false discharge monitoring report, discharging a quantity of oil that may be harmful to the environment, and failing to make immediate, required notification of such discharge of oil. Ordered to pay $550,000 fine and serve a three-year term of probation.

4

Aaron Micah Jamison

Sentencing/Sentenced to 36 months in prison for alleged theft from an employee benefits plan, conspiracy to commit mail fraud, and unlawful storage of hazardous waste.

5

Andrew K. Ecklund

Plea Agreement/Plead guilty to an indictment charging him with nine counts of alleged wire fraud.

5

Cin-Air LP

Sentencing/Sentenced to one year probation and ordered to pay $90,000 fine after pleading guilty to allegedly violating the Clean Water Act by causing and mishandling a jet fuel leak in March 2019 at Lunken Airport in Cincinnati, Ohio.

7

Patrick James Schwarte

Sentencing/Sentenced to two years of probation, including two months of home confinement and fined $5,000 for allegedly conspiring to rig environmental testing at Sioux City Wastewater Treatment Plant.

8

James Kenneth Ward

Sentencing/Sentenced to four months in prison and two years of supervised release for allegedly dumping radioactive contaminants from oil drilling at an abandoned gas station in North Dakota instead of properly disposing of the waste. Ordered to pay $2,500 fine and $9,977 in restitution.

9

Veronica Perez

Trial/Perez found guilty of allegedly concealing 20 containers of Fosfuro de Zinc (zinc phosphide) in her purse and failing to declare them at the border when she attempted to cross into the U.S. from Mexico.

10

4 Brothers Dairy, Inc., Andrew Fitzgerald

Plea Agreement/Pleaded guilty to alleged unlawful discharge of pollutant into a water of the United States, a misdemeanor violation of the Clean Water Act.

10

Valley Crest Foods, Inc.

Plea Agreement/Pleaded guilty to allegedly repeatedly discharging milk and other pollutants into the public water treatment facility which caused wastewater with elevated E Coli bacteria to enter the South Fork of the Coquille River, resulting in a public health advisory.

A copy of the bulletin can be downloaded here.

Written by:

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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