U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin/May-June 2022

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

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 May-June edition has been published.

The May-June Bulletin lists the following matters:

EPA Region

Defendants

Case Type/Status

2

Paul Andrecola

Plea Agreement/Pleaded guilty to allegedly knowingly distributing or selling an unregistered pesticide; one count of wire fraud, and one count of presenting false claims to the United States. Sentencing is scheduled for Oct. 11, 2022

4

Brian Rogers

Sentencing/Sentenced to three years of probation, including six months on an overnight curfew and ordered to pay a $25,000 fine and perform 100 hours of community service for pleading guilty to allegedly making a false statement in a Clean Air Act document regarding removal of asbestos.

4

Mathew Geouge

Sentencing/Sentenced to one year and one day in prison for a conspiracy to violate the Clean Air Act by allegedly selling more than 14,000 illegal devices that defeat required vehicle emissions control systems. Ordered to serve three years of supervised release, six months of which will be in home confinement, and to pay a civil penalty of $1.3 million to EPA and $1.2 million in restitution to the IRS. Also sentenced for tax evasion.

4

Ana Yorling Rugarma Sanchez, Jose Carlos “Victor” Pena Lopez

Sentencing/Sanchez sentenced to two years of probation and fined $1,500; Pena Lopez sentenced to one year of probation and fined $1,000 for their roles in allegedly creating false asbestos training certifications.

4

Christopher Davis

Plea Agreement/Pleaded guilty to one count of allegedly falsifying and using a document to obtain approval from the Environmental Protection Agency to manufacture a pesticide.

4

Amin Ali

Plea Agreement/Pleaded guilty to a charge of disposal of hazardous waste without a permit for allegedly dumping over 100 drums and other containers of chemicals, including hazardous waste. Sentencing is scheduled for September 20, 2022.

5

FCA US, aka Chrysler Group LLC

Plea Agreement/Pleaded guilty to one criminal felony count and agreed to approximately $300 million in criminal penalties for conspiracy to allegedly defraud U.S. regulators and customers by making false and misleading representations regarding design, calibration, and function of the emissions control systems on more than 100,000 Model Years 2014, 2015, and 2016 Jeep Grand Cherokee and Ram 1500 diesel vehicles. Sentencing was scheduled for July 18, 2022.

5

Didion Milling Inc. (DMI), Derrick Clark, Shawn Mesner, Anthony Hess, Joel Niemeyer

Indictment/Indicted for alleged crimes related to worker safety, fraud, air pollution and obstruction of justice.

6

Great Lakes Dredge and Dock Company

Sentencing/Sentenced for violation of the Clean Water Act in connection with an oil spill and ordered to pay $1 million fine for allegedly negligently causing the discharge of a harmful quantity of oil into a navigable water of the United States on September 5, 2016, on the edge of Bay Long near the Chenier Ronquille barrier island.

7

Kendall Kipp

Sentencing/Sentenced to three years of probation for allegedly falsifying documents and ordered to pay $9,500 fine and perform 180 hours of community service over three-year period.

8

Pro Diesel Inc., Endrizzi Diesel LLC

Sentencing/Sentenced for allegedly conspiring with a Colorado-based diesel shop to tamper with computers that monitor emissions control systems on Class 8, commercial heavy-duty diesel trucks. Pro Diesel was sentenced on June 29, 2022; Endrizzi Diesel was sentenced on June 29, 2022.

9

Sofia Mancera Morales

Sentencing/Sentenced to eight months in custody for allegedly obtaining illegal pesticides in Mexico and delivering them to others to smuggle into the United States. Also ordered to pay $7,497 in restitution for the cost of disposal of the illegal pesticides.

A copy of the bulletin can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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

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