Environmental Crimes Bulletin - October 2024
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In This Issue:
Cases by District/Circuit
Indictments
United States v. Visionary Bowling Products, et al.
- No. 4:24-CR-00418 (Eastern District of Missouri)
- AUSA Dianna Collins
On October 2, 2024, prosecutors charged Visionary Bowling Products (VBP), and company owners, John Wonders, Sr., and Jason Wonders, with violating the Resource Conservation and Recovery Act (RCRA) for illegally storing hazardous waste (42 U.S.C. § 6928(d)(2)(A)).
VBP operated a 60,000 square-foot factory, which it used to manufacture bowling balls for approximately 20 years before ceasing operations in July 2019.
When the defendants abandoned the property in October 2019, they left behind a variety of chemicals and industrial materials. On October 21, 2021, a fire ignited and burned for approximately 12 hours, requiring multiple fire departments to respond. Officials ordered the evacuation of nearby homes and businesses due to the potential hazard posed by the burning chemicals. The following day, a smaller fire rekindled but was quickly extinguished.
Local environmental officials later discovered hundreds of discarded and abandoned containers at the facility in various stages of deterioration. Testing by federal environmental officials confirmed that the defendants had illegally stored hazardous waste at the site.
The U.S. Environmental Protection Agency Criminal Investigation Division and Missouri Department of Natural Resources conducted the investigation.
United States v. Andres Alejandro Sanchez
- No. 24-CR-1264 (Southern District of Texas)
- AUSA Tory Sailer
- Assistance from ECS Senior Counsel Elinor Colbourn
On October 29, 2024, prosecutors charged Andres Alejandro Sanchez with smuggling, conspiracy, and violating the Lacey Act for smuggling spider monkeys into the United States (18 U.S.C. §§ 371, 545; 16 U. S.C. §§ 3372(a)(1), 3373(d)(2)).
On October 7, 2024, Sanchez travelled from Mexico to Laredo, Texas, and failed to declare a spider monkey he had in his vehicle to Customs and Border Patrol officers as he attempted to cross the border.
The U.S. Customs and Border Control, Homeland Security Investigations, and U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation.
Guilty Pleas
United States v. Frock Brothers Trucking, Inc., et al.
- No. 1:24-CR-00250 (Middle District of Pennsylvania)
- AUSA William Behe
On October 1, 2024, Frock Brothers Trucking, Inc. (Frock), pleaded guilty to conspiracy and violating the Clean Air Act (CAA) for tampering with the emission control systems of several of their heavy-duty fleet trucks. The company admitted to disabling emission controls in violation of the CAA (18 U.S.C. § 371 and 42 U.S.C. § 7413(c)(2)(C)). The company is set for sentencing on January 9, 2025.
Frock, a long-distance trucking company based in New Oxford, Pennsylvania, transports a variety of goods, including snack foods, refrigerated items, and produce. Ed Frock owned the company until his death in August 2022.
Between November 13, 2018, and December 28, 2018, Frock contracted with co-defendant Leon Martin, a mechanic who operated out of his home, to disable and/or remove emission control components from eight of their diesel trucks. Martin also tampered with the required onboard diagnostic equipment (OBD) to delete factory-installed emission controls from Frock's heavy duty diesel trucks. Martin's tunes enabled those deleted trucks to operate without emission control devices as required by federal law.
Martin pleaded guilty to violating the Clean Air Act. He is scheduled for sentencing on January 7, 2025.
The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.
United States v. Jose V. Fernandez
- No. 1:24-CR-00071 (District of Rhode Island)
- AUSA John McAdams
On October 2, 2024, Jose V. Fernandez pleaded guilty to making false statements for distributing false asbestos abatement training certifications (18 U.S.C. § 1001 (a)(3)). Sentencing is scheduled for January 7, 2025.
Fernandez owned the Rhode Island Safety Environment Training Center (RISE). The Rhode Island Department of Health (RIDH) accredited the facility to provide asbestos abatement training. On multiple occasions between 2021 and 2023, Fernandez submitted false documentation to the RIDH attesting that nearly two dozen individuals paid for, attended, and successfully completed an Environmental Protection Agency-approved abatement training program when, in fact, no one attended any classes.
The U.S. Environmental Protection Agency Criminal Investigation Division and the Rhode Island Department of Health conducted the investigation.
United States v. Redemption Repairs & Performance
- No. 4:24-CR-40016 (Western District of Arkansas)
- AUSA Sydney Stanley
On October 2, 2024, Redemption Repairs & Performance (RRP) pleaded guilty to violating the Clean Air Act (CAA) for modifying and deleting the emissions control systems of diesel engines and tampering with and rendering inaccurate the vehicles’ onboard diagnostic systems (OBD) (42 U.S.C § 7413(c)(2)(C)).
RRP is a truck repair shop specializing in diesel engine repairs and performance located in Texarkana, Arkansas. Between May 2020 and October 2022, the company falsified, tampered with, and rendered inaccurate monitoring devices required to be maintained and followed under the CAA. After removing or altering the emission control equipment on diesel trucks, RRP modified the diesel trucks’ OBD systems to prevent detection of the removal and disabling of the equipment. The company performed this service on close to 50 vehicles, charging between $2,600-$2,700 per truck.
The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.
United States v. AM/NS Calvert LLC
- No. 1:24-CR-00117 (Southern District of Alabama)
- ECS Senior Counsel Kris Dighe
AUSA Mike Anderson
On October 10, 2024, AM/NS Calvert LLC (AM/NS), a steel production facility, pleaded guilty to violating the Clean Air Act (CAA) (42 U.S.C. § 7413(c)(2)(B)). In addition, the court also sentenced the company to pay a $750,000 fine and complete a three-year term of probation.
AM/NS is a joint venture by ArcelorMittal and Nippon Steel operating in Calvert, Alabama. The company held a CAA permit issued by the Alabama Department of Environmental Management (ADEM), which required the treatment of certain air emissions for chlorine. In 2015, AM/NS determined it could not meet emissions limits using water and switched to a caustic solution with ADEM's approval.
In early 2017, AM/NS went back to using water since the caustic solution was damaging the pipes, necessitating extensive repairs. In August 2017, the U.S. Environmental Protection Agency (EPA) and ADEM conducted a joint inspection of the AM/NS Calvert acid regeneration plant. During the inspection, they found that the facility was not using the caustic solution, violating the permit. Further investigation revealed the AM/NS Calvert acid regeneration plant had not used caustic solution for approximately 700 days over a two-year period.
The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.
United States v. Wan Yee Ng
- No. 2:24-CR-00084 (District of Vermont)
- AUSA Thomas Aliberti
- ECS Senior Counsel Elinor Colbourn
On October 11, 2024, Chinese national Wan Yee Ng pleaded guilty to attempting to smuggle eastern box turtles, a protected species, from the United States to Canada (18 U.S.C. § 554). Sentencing is scheduled for December 13, 2024.
U.S. Border Patrol agents began surveilling Ng during the spring of 2024, after she rented lodging from a facility near the Canadian border known for illegal smuggling activities.
On June 26, 2024, agents observed Ng carrying a duffel bag as she prepared an inflatable kayak on the shore of Lake Wallace. The Royal Canadian Mounted Police notified those agents that two individuals (one believed to be Ng’s spouse) had launched an inflatable watercraft on the Canadian side of the lake and begun paddling southward, toward the United States. Before she could leave the shore, agents intercepted Ng and detained her for suspected smuggling activity.
Agents found 29 turtles individually wrapped in socks inside her duffle bag. A U.S. Fish and Wildlife agent preliminarily identified them as eastern box turtles. The pet trade market, especially in China and Hong Kong, highly prizes turtles with colorful markings. These animals are protected by the Convention on International Trade in Endangered Species (CITES).
The U.S. Border Patrol, Homeland Security Investigations, and the U.S. Fish and Wildlife Service conducted the investigation with assistance from the Royal Canadian Mounted Police.
Related Press Release: District of Vermont | Woman Charged with Attempted Smuggling of Protected Turtles | United States Department of Justice
United States v. Robert G. Gambill
- No. 5:24-CR-00028 (Western District of North Carolina)
- AUSA Katherine T. Armstrong
On October 11, 2024, Robert G. Gambill pleaded guilty to violating the Bald and Golden Eagle Protection Act for killing a bald eagle (16 U.S.C. § 668(a)).
On June 5, 2024, Gambill shot and killed a bald eagle that was perched in a tree near a bridge in Sparta, North Carolina. After killing the eagle, Gambill drove away from the scene, abandoning the carcass on the bank of the New River. Two witnesses recovered the carcass and turned it over to the U.S. Fish and Wildlife Service (FWS). The U.S. FWS forensic laboratory determined that injuries suffered by the bald eagle were consistent with a gunshot wound from a high-powered rifle.
The plea agreement requires Gambill to forfeit his Ruger M77 Mark 2 22-250 rifle and Nikon Monarch MR31 4x16-42 scope.
The U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation, with assistance from the North Carolina Wildlife Resources Commission and the Alleghany County Sheriff’s Office.
United States v. Edwin Flores
- No. 3:24-CR-00093 (Southern District of California)
- ECS Senior Trial Attorney Stephen DaPonte
- Former AUSA Melanie Pierson
On October 17, 2024, Edwin Flores pleaded guilty to conspiracy and to failing to present merchandise for inspection by a customs officer (18 U.S.C. § 371). Sentencing is scheduled for January 9, 2025.
On April 18, 2024, Flores drove a vehicle over the border from Mexico with three 30-pound cylinders of HCFC-22 that he failed to present for inspection.
The U.S. Environmental Protection Agency Criminal Investigation Division, Homeland Security Investigations, and Customs and Border Protection conducted the investigation.
United States v. Keidrick D. Usifo, et al.
- No. 24-CR-00040 (Eastern District of Arkansas)
- AUSA Edward Walker
On October 22, 2024, Keidrick Damond Usifo and Deon Johnson pleaded guilty to violating the Big Cat Public Safety Act (BCPSA)(16 U.S.C. §§ 3372 (e)(1)(A), 3373 (d)).
Lawmakers enacted the BCPSA in December 2022 to protect the public by prohibiting the private ownership of big cats, such as tigers and lions, as pets and by prohibiting exhibitors from allowing public contact with big cats, including tiger cubs. This law places new restrictions on the commerce, breeding, possession, and use of certain big cat species.
In April 2023, a citizen tipped off local game authorities after seeing a tiger cub in a residential neighborhood in Conway, Arkansas. Further investigation confirmed that Usifo purchased a tiger in March 2023 from a broker in Dallas, Texas, and brought it back to his residence in Arkansas.
After a second complaint was filed about the tiger cub, law enforcement conducted a traffic stop on April 21, 2023, arresting Usifo on a felony state warrant. The Conway Police Department then executed a search warrant at Usifo’s residence. The animal was not there, but they found evidence of its presence, including the fact that rooms in the house matched those in photos of the tiger that Usifo posted on Instagram.
While in the Pulaski County Detention Facility (PCDF), Usifo made several calls to Johnson. Johnson fed the tiger for Usifo while he was held in detention. Johnson concealed his knowledge of the tiger when questioned by agents.
The U.S. Fish and Wildlife Service Office of Law Enforcement conducted the investigation, with assistance from the Arkansas Game and Fish Commission, the Conway Police Department, and the Little Rock Police Department.
Related Press Release: Eastern District of Arkansas | Defendants Plead Guilty To Violation of The Big Cat Public Safety Act | United States Department of Justice
United States v. Ryan Hugh Milliken, et al.
- No. 2:24-CR-00057 (Eastern District of Washington)
- AUSA Dan Fruchter
- AUSA Jacob Brooks
On October 24, 2024, Ryan Hugh Milliken and his company, Hardaway Solutions, LLC (Hardaway), pleaded guilty to conspiracy to violate the Clean Air Act (18 U.S.C. § 371; 42 U.S.C. § 7413(c)(2)(C)). Sentencing is scheduled for January 22, 2025.
Between August 2017 and November 2023, Milliken and Hardway created and sold illegal “delete tune” packages designed to disable and defeat required emissions controls and monitoring systems. Milliken and Hardway created and sold these delete tune files for various customers and vehicles, including numerous Spokane-based trucking companies. Pavel Ivanovich Turlak, and his companies--PT Express, LLC, Spokane Truck Service, LLC, and Pauls Trans, LLC--are scheduled for trial on January 27, 2025.
Milliken created and sold custom software delete tunes to Turlak for vehicles based on specifications Turlak outlined. Turlak then charged as much as $3,500 to diesel truck owners to “delete” and “tune” their vehicles by tampering with their pollution monitoring devices. Turlak also fraudulently received more than $300,000 in federal funding designated for eligible small businesses during the pandemic. Charges against Turlak include wire fraud and false claims in connection with this fraud (18 U.S.C. §§ 1343, 287).
The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation with assistance from the EPA National Enforcement Investigations Center, the Small Business Administration Office of Inspector General, and the Spokane Police Department.
United States v. Benjamin Gathercole
- No. 3:24-CR-00098 (Eastern District of Virginia)
- AUSA Heather Hart Mansfield
- RCEC David Lastra
On October 30, 2024, Benjamin Gathercole pleaded guilty to violating the Resource Conservation and Recovery Act (RCRA) for illegally transporting hazardous waste without a manifest (42 U.S.C. § 6928(d)(5)).
Gathercole lived in Tappahannock, Virginia, and worked at a brake manufacturing facility also located in Tappahannock. In 2019, a Virginia Department of Environmental Quality (DEQ) inspector determined that the brake manufacturing facility failed to make an accurate waste determination for 32 55-gallon drums stored on site. Some of the drums displayed labels noting they contained hazardous waste, but not in accordance with RCRA requirements. The DEQ issued the facility a notice of violation in May 2019.
In September and October 2019, Gathercole removed and transported 31 of the 55-gallon drums from the facility to his residence. He dug a near his property and buried the drums in the ground, crushing some of them during the process, and spilling their contents into the ground.
In December 2020, a citizen tipped the U.S. Environmental Protection Agency about the illegal burial. In November 2021, agents executed a search warrant on the defendant’s property. Gathercole admitted burying the drums at the request of his employer, directing authorities to the burial site. Further testing confirmed the defendant had buried ignitable hazardous waste. The EPA finished excavating the site in November 2022.
The U.S. Environmental Protection Agency Criminal Investigation Division and EPA National Enforcement Investigation Center conducted the investigation.
Sentencings
United States v. Michael Macartney
- No. 2:24-CR-00025 (Eastern District of Virginia)
- AUSA Elizabeth Yusi
On October 1, 2024, a court sentenced Michael Macartney to 40 months’ incarceration, followed by three years’ supervised release, after pleading guilty to conspiracy to create and distribute animal crush videos (18 U.S.C. §§ 371, 48(a)(2),(a)(3)).
Between November 2021 and August 2022, Macartney and co-conspirators administered a private online chat group, and participated on other private online chat groups, that used encrypted messaging to fund, view, and distribute videos depicting, among other things, the torture, murder, and sexually sadistic mutilation of animals, specifically, juvenile and adult monkeys. Macartney received more than 300 electronic payments related to this activity.
In March 2022, Macartney agreed to sell copies of all his animal crush videos to a co-conspirator for $100. The co-conspirator sent Macartney $75 electronically and Macartney sent the co-conspirator website links to his stored videos. Macartney stated there were just under 2,300 videos.
Homeland Security Investigations conducted the investigation.
United States v. Raymond Anthony Rabago Montoya, et al.
- No. 2:23-CR-01305 (District of Arizona)
- AUSA Lisa Jennis
- AUSA Stuart Zander
On October 2, 2024, Raymond Anthony Rabago Montoya was sentenced to 12 months and one day in prison, followed by three years of supervised release, for his role in a conspiracy to traffic in protected wildlife. In addition, he was ordered to pay $3,000 to the Cooperative Endangered Species Conservation Fund. This sentence follows a previous conviction for his mother, Griselda Guadalupe Montoya-Gastelum, who received an 18-month prison sentence, also with three years of supervised release. Both defendants pleaded guilty to conspiring to violate the Lacey Act for trafficking in protected wildlife (18 U.S.C. § 371; 16 U.S.C. §§ 3372(a)(1), 3373(d)(1)B)).
The U.S. Fish and Wildlife Service began investigating the defendants in August 2022 after receiving a report from a person who purchased four exotic parrots and believed Rabago Montoya had illegally imported the birds. Further investigation determined that the defendants illegally imported exotic and protected wildlife, including tigers, panthers, monkeys, and parrots, from Mexico into the United States.
In January 2023, agents executed a search warrant at Carlos Castro’s home, where they found a tiger cub, an alligator, 12 snapping turtles, six tortoises, and boxes of other reptiles. Snapchat messages revealed that Montoya-Gastelum and Castro discussed illegal exotic animal sales and trades. A court in Maricopa County subsequently convicted Castro of Unlawful Sale of Wildlife in the Arizona Superior Court.
In April and May of 2023, federal agents received information about spider monkeys being sold on Facebook. They arranged two undercover purchases of the monkeys from the defendants, paying $6,000 each. In June and August 2023, agents arrested Rabago Montoya with dozens of endangered parrots concealed in his vehicle, many of them deceased.
The U.S. Fish and Wildlife Service; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Border Patrol, and the Pinal County Sheriff’s Office conducted the investigation.
Related Press Release: District of Arizona | Mother and Son Sentenced for Illegally Importing Endangered Wildlife | United States Department of Justice
United States v. Ronald P. Bedra
- No. 2:24-CR-00048 (Southern District of Ohio)
- ECS Trial Attorney Mark Romley
- ECS Senior Trial Attorney Adam Cullman
- AUSA Nicole Pakiz
On October 10, 2024, a court sentenced Ronald Bedra to 54 months’ incarceration, followed by three years’ supervised release. Bedra pleaded guilty to conspiracy and to violating the Animal Crush statute for collaborating with others to create and distribute videos depicting acts of extreme violence and abuse against monkeys (18 U.S.C. §§ 371, 48(a)(3)).
The conspirators used encrypted chat apps to direct money to individuals in Indonesia willing to commit the requested acts of torture on camera. Bedra also mailed a thumb drive containing 64 videos of monkey torture to a co-conspirator in Wisconsin.
The U.S. Fish and Wildlife Service Office of Law Enforcement and the Federal Bureau of Investigation conducted the investigation.
United States v. Brian Tibbets, et al.
- Nos. 4:21-CR-00218, 4:22-CR-00282 (District of Idaho)
- ECS Senior Trial Attorney Cassie Barnum
- AUSA Francis Zebari
- ECS Law Clerk Amanda Backer
On October 22, 2024, a court sentenced Brian Tibbets to pay a $40,000 fine and complete a five-year term of probation, to include six months’ home confinement. Tibbetts also will perform 1,000 hours of community service. Tibbets pleaded guilty to obstructing a pending proceeding related to a demolition project (18 U.S.C. § 1505). Co-defendant Brek Pilling was sentenced in August 2024 to pay a $100,000 fine, and complete a five-year term of probation, to include three months of home confinement. He also will perform 100 hours of community service. Pilling pleaded guilty to a Clean Air Act negligent endangerment count (42 U.S.C. § 7413).
In late 2017, Pilling and Tibbets purchased two buildings in Burley, Idaho, planning to demolish them and build a parking lot. During a walkthrough with city officials, the building inspector pointed out likely asbestos-containing material (ACM). In further communications with the city, other city employees warned the owners about the presence of ACM requiring remediation. The owners took “samples” from the buildings that included wood, brick, and stone (but no building materials that could plausibly be composed of ACM) and submitted those to a forensic lab for analysis.
In January 2018, both buildings caught fire under suspicious circumstances. After seeing the fire on the news, a local contractor contacted the defendants and offered to demolish what remained of the buildings using his own asbestos inspector and remediation company. The owners accepted the contractor’s bid but said they would hire their own remediation company. Two days later, the contractor saw the buildings under demolition. The defendants chose to hire an individual to knock them down without conducting any asbestos abatement. During the demolition, individuals hauled several truckloads of debris to a nearby landfill. The owners also lied to an inspector during a subsequent conversation about onsite testing.
The National Enforcement Investigation Center analyzed samples taken from the sites and found multiple areas with ACM. Officials ultimately removed approximately 860 tons of asbestos-contaminated demolition debris from the site, at a cost of approximately $845,000.
The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.
United States v. Kyle Potter, et al.
- No. 3:24-CR-00047 (District of Alaska)
- AUSA Seth Brickey
On October 22, 2024, a court sentenced Kyle Potter to pay a $20,000 fine and complete a five-year term of probation. Co-defendant Justin Welch was sentenced on October 1, 2024, to pay a $10,000 fine and complete a three-year term of probation. A restitution hearing is scheduled for December 10, 2024. Potter and Welch pleaded guilty to violating the Lacey Act for their roles in illegally transporting crab from Alaska (16 U.S.C. §§ 3372(a)(2)(A), 3373(d)(1)(B)). Corey Potter is set for a status conference on December 11, 2024.
Corey Potter owns two crab catching vessels; Kyle Potter and Welch worked as vessel captains. In February and March 2024, the vessels harvested more than 7,000 pounds of Tanner and Golden king crab in Southeast Alaska. Corey Potter directed Welch and Kyle Potter to take the crab to Seattle, Washington, where they intended to sell it at a higher price than they would have in Alaska. Neither captain landed the harvested crab at a port in Alaska, and they never recorded the harvest on a fish ticket, as required under state law.
A large portion of the king crab that arrived in Seattle from Alaska had died and was unmarketable. Corey Potter knew that some of the crab aboard was infected with Bitter Crab Syndrome (BCS), a parasitic disease fatal to crustaceans. Officials were forced to destroy more than 4,000 additional pounds of Tanner crab due to the risk of BCS infection. If the defendants had properly landed the crab in Alaska, authorities could have inspected the harvest and removed the infected crab before leaving Alaska.
The National Oceanic and Atmospheric Administration Office of Law Enforcement conducted the investigation.
United States v. Ramiro Hernandez Tziquin, et al.
- No. 8:23-CR-00058 (District of Nebraska)
- AUSA Donald Kleine
- AUSA Kimberly Bunjer
On October 23, 2024, a court sentenced Ramiro Hernandez Tziquin, a Guatemalan citizen, to time-served for violating the Bald and Golden Eagle Protection Act (16 U.S.C. § 668(a)). Tziquin has been in custody since June 6, 2024. Hernandez Tziquin is subject to removal proceedings with United States Immigration and Customs Enforcement. Co-defendant Domingo Zetino Hernandez was sentenced in November 2023 to time served.
On February 28, 2023, law enforcement received a report of a suspicious vehicle located at the Wood Duck Wildlife Management Area, located in Stanton County, Nebraska. They found the vehicle and questioned the defendants. Zetino Hernandez admitted that he shot a bird and that it was in the trunk of Hernandez Tziquin’s vehicle. Law enforcement confirmed that the carcass was indeed that of a bald eagle.
The U.S. Fish and Wildlife Service Office of Law Enforcement, Nebraska Games and Parks Commission, and the Stanton County Sheriff’s Office, conducted the investigation.
United States v. Envigo RMS, LLC, et al.
- No. 6:24-CR-00016 (Western District of Virginia)
- ECS Senior Trial Attorney Banu Rangarajan
- ECS Trial Attorney Sarah Brown
- ECS Paralegal Jillian Grubb
- AUSA Randy Ramseyer
- AUSA Corey Hall
- AUSA Carrie Macon
- SAUSA Michelle Welch
On October 24, 2024, a court sentenced Envigo RMS, LLC, and Envigo Global Services, Inc. to pay a total criminal fine of $22 million. Envigo RMS pleaded guilty to conspiring to knowingly violate the Animal Welfare Act (AWA), and Envigo Global Services pleaded guilty to conspiring to knowingly violate the Clean Water Act (CWA) (18 U.S.C. § 371; 33 U.S.C. §§ 1311, 1319(c)(2)(A), 7 U.S.C. § 2149(d)). This case is related to the breeding, export, and sale of dogs for medical and scientific research purposes from a dog breeding facility located in Cumberland County, Virginia. In May 2022, officials rescued more than 4,000 beagles from the premises.
As part of the resolution, Inotiv, the parent corporation of Envigo RMS and Envigo Global Services, will guarantee more than $35 million in payments, is subject to increased animal care standards, and engage a compliance monitor. This resolution marks the largest agreed-to fine in an AWA case.
Envigo RMS violated the AWA by failing to provide, among other things, adequate veterinary care, adequate staffing, and safe living conditions for dogs housed at the Cumberland County facility. In addition, Envigo Global Services violated the CWA by failing to properly operate and maintain the wastewater treatment plant, leading to massive unlawful discharges of insufficiently treated wastewater into a local waterway. This failure also impacted the health and well-being of the dogs at the facility.
In addition to the $22 million fine, the entities will pay approximately $1.1 million to the Virginia Animal Fighting Task Force and approximately $1.9 million to the Humane Society of the United States for direct assistance provided to the investigation. The defendants also will complete five-year terms of probation.
The defendants will pay an additional $3.5 million to the National Fish and Wildlife Foundation to benefit and restore the environment and ecosystems in Cumberland County, with approximately $500,000 dedicated to purchasing riparian wetland or riparian land located in or near Cumberland. They also will spend $7 million to improve their facilities and train personnel over and above the minimum standards required by the AWA.
The U.S. Department of Agriculture Office of Inspector General and the U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation, with assistance from the Virginia State Police.
United States v. AMVAC Chemical Corporation, et al.
- Nos. 1:24-CR-00043, 1:22-CR-00060 (Southern District of Alabama)
- ECS Senior Counsel Kris Dighe
- AUSA Michael Anderson
- RCEC Jennifer Lewis
- ECS Paralegal Chloe Harris
On October 25, 2024, a court sentenced AMVAC Chemical Corporation (AMVAC) to pay a $400,000 fine and to complete a three-year term of probation. The corporation pleaded guilty to violating the Resource Conservation and Recovery Act (RCRA) for transporting hazardous waste without a hazardous waste manifest (42 U.S.C. § 6928(d)(5)).
AMVAC is a pesticide manufacturer that produced a pesticide called “Thimet” in Alabama and exported it to Canada, Australia, and other countries. Thimet is an organophosphate insecticide used to control crop pests by absorption into the crops themselves. In 2013, authorities determined that AMVAC was importing tens of thousands of used containers of Thimet through Savannah, Georgia; Port Huron, Michigan; Boston, Massachusetts; and Los Angeles, California. Some of the containers were nearly empty, while others were partially full. The containers were designed to attach directly to farming equipment and then be returned to AMVAC when emptied.
The containers were not labeled as containing hazardous waste but as containing product (pesticide) for reformulation. However, the Environmental Protection Agency did not authorized AMVAC to reformulate Thimet. The active ingredient in Thimet is “phorate,” a RCRA acute hazardous waste. AMVAC is a large quantity generator of hazardous waste, with specific, known responsibilities under RCRA. AMVAC subsequently told EPA that the pesticide in the containers was imported for disposal. AMVAC failed to use hazardous manifests to transport the containers of waste Thimet to its Alabama facility.
The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.
United States v. Gremex Shipping S.A. de C.V.
- No. 3:24-CR-00101 (Northern District of Florida)
- Former ECS Senior Trial Attorney Joel LaBissonniere
- ECS Paralegal Jonah Fruchtman
- ECS Law Clerk Saskia Sanchez
On October 25, 2024, a court sentenced Gremex Shipping S.A. de C.V. (Gremex) to pay a $1.75 million fine, serve a four-year term of probation, and implement an environmental compliance plan. The shipping corporation pleaded guilty to 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)).
Gremex is a Mexican corporation that managed several ships including the M/V Suhar. The Suhar is a 7,602 gross ton Panamanian-flagged ocean-going bulk carrier that routinely hauled cement from Tampico, Mexico, to Pensacola, Florida. Gremex was responsible for the Suhar’s day-to-day operations, including hiring all crew, and ensuring compliance with all environmental and international regulations.
The Coast Guard inspected the ship when it arrived in Pensacola on August 25, 2023. Inspectors determined that the vessel’s crew regularly discharged untreated oily bilge water overboard, bypassing onboard pollution control equipment, and falsified the ship’s ORB to conceal these discharges.
The U.S. Coast Guard Investigative Service conducted the investigation.
Related Press Release: Office of Public Affairs | Ship Management Company Fined $1.75M for Failing to Maintain an Accurate Oil Record Book that Concealed Unauthorized Discharges at Sea | United States Department of Justice
United States v. Travis J. Branson, et al.
- No. 9:23-CR-00055 (District of Montana)
- AUSA Randy Tanner
- AUSA Ryan Weldon
On October 31, 2024, a court sentenced Travis J. Branson to 46 months’ incarceration, followed by 36 months of supervised release. Branson also was ordered to pay $777,250 in restitution into the Lacey Act Reward Fund. Branson pleaded guilty to conspiracy and violations of the Bald and Golden Eagle Protection Act and the Lacey Act. Branson and co-defendant Simon Paul (a fugitive) unlawfully killed bald and golden eagles on the Flathead Indian Reservation and elsewhere in Montana, Idaho, and Nevada, and sold them on the black market (18 U.S.C. § 371; 16 U.S.C. §§ 668(a); 3372(a)(1), 3373(d)(1)(B)).
Between January 2015 and March 2021, the defendants conspired to illegally kill bald and golden eagles on the Reservation and offer eagle feathers and parts for sale to domestic U.S. and international buyers. Branson traveled from Washington to the Reservation and arranged for Paul to shoot and ship the eagles for him. Confederated Salish & Kootenai tribal authorities tipped off Fish and Wildlife agents to the defendants’ activity.
In total, Paul and Branson killed approximately 3,600 birds, including eagles. They then sold eagle feathers and parts on the black market for significant sums of money across the United States and elsewhere. Officials estimated that between 2009 and 2021, Branson made between $180,000 and $360,000 by selling eagles feathers and parts on the black market.
The U.S. Fish and Wildlife Service and Confederated Salish and Kootenai Tribes’ Fish and Game Department conducted the investigation.
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