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Environmental Crimes Bulletin November 2021

In this issue:

United States v. Uzi Levi, No. 3:21-CR-00096 (D. Alaska), AUSAs Steve Skrocki and Yunah Chung.

On November 23, 2021, prosecutors charged Uzi Levi for violating the Marine Mammal Protection Act (MMPA) (16 U.S.C. §§ 1372(a)(4)(B), 1375(b)). The MMPA prohibits any non-Alaskan native from transporting, purchasing, selling, exporting, or offering to purchase, sell, or export any marine mammal or marine mammal product for any purpose other than public display, scientific research, or enhancing the survival of a species.

Levi owns a rental car lot. In June 2020, a U.S. Fish and Wildlife agent observed an Alaskan Native man carrying a two-tusked, non-handicrafted walrus head mount into Levi’s business and leave without it. A few weeks later, an undercover agent (UA) visited the car lot inquiring about renting a vehicle. He asked the desk clerk if he could rent a vehicle using barter or trade. The employee called Levi and handed the phone to the UA. Over the next eight months, Levi and the UA exchanged phone calls and texts about purchasing nonhandicrafted walrus ivory. Levi (a non-Alaskan native) ultimately bought six nonhandicrafted Pacific walrus tusks on July 13, 2020, and one non-handicrafted, three tusked walrus head mount on September 29, 2020 from the agent.

The U.S. Fish and Wildlife Service conducted the investigation.

United States v. James D. Withrow et al., No. 3:21-CR-00109 (D. Alaska) AUSAs Steven Skrocki and Charisse Arce.

On November 19, 2021, prosecutors filed an indictment charging James D. Withrow and Bruce A. Jackson for disposing fifteen 55-gallon drums containing oily waste at the Granite Creek Recreation Area in the Chugach National Forest. Both face charges of conspiracy and depredation against a property of the United States (18 U.S.C. §§ 371, 1361). Withrow also lied to a U.S. Forest Service Law official (18 U.S.C. § 1001).

On May 31, 2018, Withrow and Jackson removed 17 55-gallon drums from Jackson’s property in Seward and placed them on a tractor trailer driven by Withrow. The two men then drove to Anchorage. The next day, Withrow drove the tractor trailer off the Seward Highway down a road clearly marked “No Dumping” “No Public Access.” He parked and proceeded to dump 15 of the drums onto U.S. Forest Service land. Forest Service biologists just happened to be checking on a pond in the same vicinity and accessed through the same gate. They noticed someone had removed the locks from the gate. The spotted Withrow after he had dumped 15 of the 17 drums, leaving two on the trailers. Some of the drums leaked, causing approximately $80,000 in damage. The biologists contacted an Alaska State Trooper and U.S. Forest Service Special Agent to investigate further.

When questioned by U.S. Forest Service officials, Withrow falsely claimed that he transported the drums to Anchorage, after Jackson hired him to pick them up.

The U.S. Forest Service and the U.S. Environmental Protection Agency-Criminal Investigation Division conducted the investigation.

United States v. Robert Yost et al., No. 2:21-CR-00467 (W.D. Pa.), AUSA Eric G. Olshan.

On November 8, 2021, prosecutors charged Robert Yost and Jacob Reese for conspiracy and violating the Migratory Bird Treaty Act (18 U.S.C. § 371; 7 U.S.C. §§ 136j(a) (2)(F), 136l(b)(2); 16 U.S.C. §§ 703(a),707(a)).

Yost operated Yost Farms in Beaver County, Pennsylvania. In June 2020, Yost directed Reese, his employee, to spread whole kernel corn coated in carbofuran in and around a leased field used for soybean cultivation. The tainted corn killed approximately 17 Canada geese, ten red-winged blackbirds, and one mallard duck. They also tried to conceal their actions by destroying the feed bag containing the poisoned corn.

The U.S. Fish and Wildlife Service Office of Law Enforcement, the U.S. Environmental Protection Agency Criminal Investigation Division, and the Pennsylvania Game Commission conducted the investigation, with assistance from the Pennsylvania Department of Agriculture.

United States v. Herdade Lokua et al., No. 2:21-CR-00185 (W.D. Wash.), ECS Trial Attorneys Ryan Connors and Patrick Duggan and ECS Law Clerk Maria Wallace.

On July 12, 2022, Herdade Lokua and Jospin Mujangi pleaded guilty to conspiracy and Lacey Act false labelling violations for trafficking elephant ivory and white rhinoceros horn from the Democrat Republic of Congo (DRC) to Seattle, Washington (18 U.S.C. §§ 371; 16 U.S.C. §§ 3372(d)(2), 3373(d)(3)(A)(i)). Sentencing is scheduled for November 1, 2022.

Lokua and Mujangi worked with a middleman to smuggle four packages into the United States. In August and September, 2020. the defendants sent three shipments containing a total of approximately 50 pounds of ivory by air freight to Seattle. In May 2021, they sent another package with approximately five pounds of rhinoceros horn. At the same time, the defendants conspired to conduct large transactions via ocean freight. offering the buyer more than two tons of elephant ivory, one ton of pangolin scales, and multiple rhino horns. On November 2, 2021, they arrived in Washington State to negotiate the details and authorities arrested them the following day.

In order to conceal the tusks and horn, Lokua and Mujangi ensured they were cut into smaller pieces and painted black. They mixed the pieces with ebony wood to avoid detection by customs authorities. The packages were all declared as "wood" valued between $50 and $60. The buyer paid the defendants $14,500 for the ivory and $18,000 for the horn. Lokua and Mujangi also sold 55 pounds of pangolin scales to a U.S. buyer, but ultimately did not ship them.

The defendants paid bribes to authorities in Kinshasa, DRC, in order to ship the merchandise, and discussed how larger shipments would be packed in 20.foot shipping containers and concealed in timber or corn in order to avoid detection.

United States v. Mark Kazee, No. 1:21-CR-00135 (D. Hi.), ECS Senior Counsel Kris Dighe, AUSA Gregg Yates, and ECS Paralegal Sam Goins.

On November 4, 2021, prosecutors charged Mark Kazee with violating the Atomic Energy Act (AEA), making false statements to the Nuclear Regulatory Commission (NRC), obstructing NRC proceedings, and bank fraud (18 U.S.C. §§ 1001, 1505, 1344; 42 U.S.C. § 2273(a)). Trial is scheduled to begin on July 26, 2022.

Kazee worked in the materials and equipment testing industry for more than 30 years, both inspecting and supervising inspectors who used industrial radiography. Industrial radiography involves using a radiation source and a specialized camera to examine materials below the surface to check for flaws. In December 2016, a testing company hired Kazee as its Hawaii Regional Manager. Later, Kazee surreptitiously planned to take over his employer’s business, by, among other things, misappropriating his employer’s equipment and personnel. Kazee created two other companies, APINDE and Hawaii Testing & Technology (HTT) as part of the takeover attempt. In doing so, he violated the AEA, submitted false statements to the NRC, and fraudulently obtained a significant line of credit from a Hawaiian bank.

In the fall of 2018, Kazee, working through others, activated his two businesses to perform industrial radiography in Hawaii and elsewhere. This work required Kazee to obtain a new radiographic camera, which involved securing a “materials” license for APINDE from the NRC. The NRC requires material licensees to employ a trained Radiation Safety Officer (RSO). Kazee decided to prepare and submit the application falsely claiming he had an RSO on staff. When questioned by the NRC about the application, Kazee fabricated additional information about the RSO’s training and qualifications. The NRC issued the license, based upon the false representations. After receiving the license, Kazee ordered and signed for a camera containing radioactive source material using the name of the person he identified as his RSO. When that person discovered the full scope of what Kazee did, he reported the violations to the NRC, which opened an investigation.

A few months later, in January 2019, while still in the employ of his original company, Kazee misappropriated one of its radiographic cameras, which contained iridium192 and depleted uranium radioactive source material. He directed HTT employees to use the camera for industrial radiography, without recording the transfer of the radioactive sources. Furthermore, around the same time, Kazee applied to the Bank of Hawaii on behalf of HTT for a revolving line of credit, and provided bank loan officers false information about HTT assets.

The Nuclear Regulatory Commission Office of Investigation conducted the investigation.

United States v. Anthony S. Gilstrap, No. 1:21-CR-00134 (D. Hi.), ECS Senior Counsel Kris Dighe, AUSA Gregg Yates, and ECS Paralegal Sam Goins.

On November 4, 2021, prosecutors charged Anthony S. Gilstrap with violating the Resource Conservation and Recovery Act for transporting hazardous waste without a required manifest, falsifying a hazardous waste manifest, and for storing hazardous waste without a permit. Gilstrap also obstructed an agency proceeding (42 U.S.C. §§ 6928(d)(2) (A), (d)(3), (d)(5); 18 U.S.C. § 1505).

In January of 2017, Gilstrap agreed to remove 35 55-gallon drums containing perchloroethylene (perc), a listed hazardous waste, from Young’s Laundry & Dry Cleaning (YLD), owned by U.S. Dry Cleaning Corp. (USDC). Ruth Ann Newby, YLD’s Regional Manager (who previously pleaded guilty) hired Gilstrap to remove the drums for $15,000, which was less than half the cost for proper disposal. Gilstrap transported the drums without manifests to his unpermitted warehouse. Both Gilstrap and USDC produced falsified manifests to authorities in an effort to conceal their crimes. When questioned by a Hawaii Department of Health inspector about the missing drums, Gilstrap lied saying he had sent them to Oregon.

The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.

United States v. William C. Easterling, et al., No. 2:21-CR-00455 (M.D. Ala.), ECS Trial Attorney Leigh Rende and ECS Paralegals Sam Goins and John Taylor.

On October 29, 2021, prosecutors charged the following seven defendants in connection with a large-scale gambling, cockfighting, and breeding operation: William Colon Easterling, Brent Colon Easterling, Kassi Brook Easterling, William Tyler Easterling, George William Easterling, Thomas Glyn Williams, and Amber Nicole Easterling.

Between January and June 2018, the defendants maintained a cockfighting arena or “pit” with stadium seating for approximately 150 people and several rings to host cockfights. The Easterlings also operated three adjacent fighting bird breeding operations: L&L Gamefarm and Swift Creek Gamefarm. The defendants bred birds to emphasize fighting traits and sold them to others to use for fights or additional breeding. They also sold and promoted equipment and weapons used in fights. At least one buyer paid $800 for a single rooster.

The defendants conspired to violate the Animal Welfare Act and operated an illegal gambling business. Prosecutors also charged Tyler Easterling with violating the Migratory Bird Treaty Act for capturing and killing a Great Horned Owl (7 U.S.C. § 2156; 18 U.S.C. §§ 49, 371, 1955;16 U.S.C. §§ 703, 706).

The U.S. Department of Agriculture Office of Inspector General and Homeland Security Investigations conducted the investigation.

United States v. Matthew S. Geouge et al., Nos. 1:21-CR-00075-00077, 00096 (W.D.N.C.), AUSA Steven Kaufman.

On November 23, 2021, Matthew S. Geouge pleaded guilty to conspiracy and violating the Clean Air Act for tampering with vehicle emissions systems. He also pleaded guilty to evading taxes (18 U.S.C. § 371; 42 U.S.C. § 7413(c)(2)(C); 26 U.S.C. § 7201).

Between approximately 2008 and January 2017, Geouge and his companies (Spartan Diesel Technologies and Spartan Truck Solutions), obtained devices (“tuners”) that defeat vehicle’s emissions control systems. Individuals load software (“tunes”) onto tuners designed for particular vehicles. For automatic transmission vehicles, Geouge preloaded tunes onto the tuners, and sold them to customers. For manual transmission vehicles, he directed customers to his website to download tunes for themselves.

In August 2015, the U.S. Environmental Protection Agency issued Geouge a notice of violation for selling illegal plug-in tuners and tunes through Spartan Diesel Technologies. The Agency filed an administrative complaint and secured a civil penalty of $4,154,805 against the defendant. Geouge continued to sell the tunes and tuners, however, grossing more than $10,000,000 in sales through 2019. He concealed his assets and taxable income from both the EPA and the Internal Revenue Service. Based upon this income, Geouge owed approximately $346,000 in taxes for the 2015 through 2019 tax years.

Co-conspirators Spade K. Bailly, Joshua Davis, and John Slagel previously pleaded guilty to conspiring the violate the Clean Air Act. Davis owned and operated Patriot Systems, LLC, aka Patriot Diagnostics. Patriot purchased Spartan Diesel Technologies in 2016, despite knowledge of the EPA’s investigation. Davis/Patriot purchased Spartan's inventory, and continued to employee Patriot’s sales staff and service employees. Davis sold Spartan’s “tunes” and serviced the illegal devices until early 2018.

John Slagel owned E-Motion, a business that sold tuners and encryption software to Spartan and Patriot knowing they used E-Motions’ products to create illegal plug-in tuners.

Spade K. Bailly worked for Spartan and Patriot. In July 2018, Bailly formed a new company (B2 Enterprises, LLC), which became Patriot's successor entity. Bailly/B2 purchased Patriot's inventory, hired its sales and service employees, and continued selling Patriot's products until December 2018, when Bailly dissolve B2. Despite knowing about the EPA’s investigation in early 2017, Bailly continued to sell and service Spartan's illegal products for Patriot.

The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.

United States v. Uribe Alonso et al., No. 3:21-CR-00331 (S.D. Calif.), AUSA Melanie Pierson.

On November 23, 2021, and November 9, 2021, respectively, David Sotelo pleaded guilty to smuggling and Uribe Alonso pleaded guilty to conspiracy for illegally transporting a Mexican spider monkey into the United States (18 U.S.C. §§ 371, 545).

On December 31, 2020, Sotelo and Jennifer Madrigal entered the United States from Mexico at the San Ysidro Port of Entry with an undeclared juvenile Mexican spider monkey. After inspectors turned them away, they returned to Mexico with the monkey. On the way back, Madrigal texted Alonso, who directed her to take the monkey to a residence in Mexico. On January 4, 2021, Alonso and Klissman Zavala entered the United States from Mexico with the same monkey hidden in the center console of their vehicle. A search of Alonso’s phone revealed he purchased the monkey on December 30, 2020. Alonso crossed into the United States within 15 minutes of Sotelo and Madrigal on December 31, 2020. None of the defendants possessed any appropriate documentation for the monkey.

Authorities anticipate placing the spider monkey in an animal sanctuary in the near future.

The U.S. Fish and Wildlife Service, Homeland Security Investigations, and the U.S. Customs and Border Protection conducted the investigation.

United States v. Alfonso Esteban Delao, No. 3:21-CR-02942 (S.D. Calif.), ECS Trial Attorney Stephen DaPonte and AUSA Melanie Pierson.

On November 22, 2021, Alfonso Esteban Delao pleaded guilty to smuggling (18 U.S.C. § 545). Sentencing is scheduled for February 14, 2022.

On September 11, 2021, authorities apprehended Delao as he attempted to smuggle 23 1-liter bottles of "DDVP 500,"into the United States from Mexico.

Those involved in clandestine marijuana grows use illegal pesticides to cultivate unregulated marijuana on both public and private land in the United States.

The U.S. Environmental Protection Agency Criminal Investigation Division and Homeland Security Investigations conducted the investigation.

United States v. Marcos Esteban Gonzalez Acedo, No. 21-CR-01838 (S.D. Calif.), AUSA Melanie Pierson

Totoaba Macdonaldi Bladders

On November 22, 2021, Marcos Esteban Gonzalez Acedo pleaded guilty to smuggling 27 Totoaba fish bladders into the United States from Mexico (18 U.S.C. § 545). Sentencing is scheduled for February 14, 2022.

Authorities apprehended Gonzalez in June 2021, as he entered the United States from Mexico at the Otay Mesa Port of Entry. During a vehicle inspection, an inspector noticed two partially concealed shopping bags under the front seat. After examining the contents, an agricultural inspector said the bags contained dried fish swim bladders. A U.S. Fish and Wildlife official confirmed the bladders belonged to Totoaba macdonaldi fish, a critically endangered species. Inspectors founds an additional fifteen dried Totoaba fish bladders in the van’s rear overhead compartment.

Gonzalez did not possess any paperwork or licenses permitting him to import or export any fish or wildlife, and he claimed a friend asked him to bring “dried fish” into the United States for him. He also said he knew Totoaba were protected, but did not believe the fish bladders in the bags belonged to this species. Officials estimated the black market value for these bladders at approximately $270,000.

The U.S. Fish and Wildlife Service and the U.S. Customs and Border Patrol conducted the investigation

United States v. Ashtyn Rance, No. 7:21-CR-00005 (M.D. Ga.), ECS Trial Attorney Ryan Connors, AUSA Sonja Profit, and ECS Paralegal Chloe Harris.

On November 18, 2021, Ashtyn Rance pleaded guilty to Lacey Act trafficking and possessing a firearm by a convicted felon (16 U.S.C. §§ 3372(a)(2),(d)(2), 3373(d)(1),(d)(3)(A)(ii); 18 U.S.C. §§ 922(g)(1), 924(a)(2)). Sentencing is scheduled for February 23, 2022.

In 2018, Rance falsely labelled and shipped packages containing eastern box turtles, spotted turtles, and Gaboon vipers to Florida in violation of Georgia law. He mailed packages labelled “ball pythons” that actually contained vipers, Gaboon vipers are venomous and potentially fatal to humans. He shipped 19 turtles from Georgia to Florida labelled “Live Tropical Fish”.

Authorities executed a search warrant at Rance’s residence, recovering two firearms.

This case is part of Operation Middleman, a U.S. Fish and Wildlife Service investigation into those who facilitate wildlife trafficking between the United States and China. The U.S. Fish and Wildlife Service; the Georgia Department of Natural Resources; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation.

United States v. Bryan Gosman et al., No. 2:21-CR-00217 (E.D.N.Y.), ECS Trial Attorney Christopher Hale, ECS Senior Trial Attorney Ken Nelson, and ECS Paralegal Samantha Goins.

On November 18, 2021, Bryan Gosman and Asa Gosman pleaded guilty to conspiracy for illegally purchasing summer flounder and black sea bass from a local fisherman. Their company, Bob Gosman Co. Inc., a federally-licensed fish dealer, pleaded guilty to two misdemeanor violations of the Lacey Act (18 U.S.C. § 371; 16 U.S.C. §§ 3372 (a)(2)(A), 3373(d)(2)). A fourth defendant, Christopher Winkler, is charged with obstruction, and substantive fraud charges (18 U.S.C. §§ 371, 1341, 1343, 1503, 1512(c)(1), 1519).

Between May 2014 and July 2016, Winkler, the captain of the F/V New Age, undertook approximately 70 fishing trips where he caught fluke or black sea bass in excess of applicable quotas. This fish was then sold to a now-defunct company/unindicted coconspirator in the New Fulton Fish Market in the Bronx. Both Asa Gosman and Bryan Gosman had an ownership interest in the defunct company. After the Bronx company failed, Winkler sold a smaller quantity of his illegal catch directly to Bob Gosman Co. Inc., a Montauk fish dealer in which Asa Gosman and Bryan Gosman had a management role. The overages of fish included at least 74,000 pounds of fluke, with the overall over-quota fish (of all species) valued at approximately $250,000 wholesale.

Federal law requires a fishing captain to accurately report his catch on a form known as a Fishing Vessel Trip Report, which is mailed to the National Oceanic and Atmospheric Administration (NOAA). The first company that buys fish directly from a fishing vessel (the fish dealer) must complete and submit a dealer report to NOAA. NOAA utilizes this information to set policies designed to ensure a sustainable fishery. The defendants falsified documents to conceal the amount of fish taken in excess of quotas. Through their employees, they also obstructed the investigation by withholding documents sought by a federal grand jury.

The National Oceanic and Atmospheric Administration conducted the investigation

United States v. Lee Crawford, No. 4:21- CR-00055 (E.D.N.C.) AUSA William Gilmore.

On November 17, 2021, Lee Crawford pleaded guilty to violating Resource Conservation and Recovery (RCRA) for illegally storing hazardous waste (42 U.S.C. § 6928(d)(2)(A)). Sentencing scheduled for February 15, 2022.

Crawford owned and operated Eastern Electronics Recycling, USA (Eastern Electronics). Eastern Electronics purported to collect and properly dispose of e-waste, such as televisions, computer monitors, and other electronic equipment. Old televisions and computer monitors contain cathode ray tubes (CRTs) which can release toxic levels of lead when improperly stored.

In 2012, Crawford began collecting and storing large volumes of e-waste (including broken CRTs and scrapped waste), at his facility in Robersonville, North Carolina. Crawford did not possess a RCRA permit to store this waste, nor did he recycle or otherwise properly dispose of the CRTs.

Following a fire at the facility, the Environmental Protection Agency executed a search warrant in June 2019, at Crawford’s storage location finding large quantities of shattered CRTs. Samples taken from various locations on site yielded hazardous amounts of lead (102 to 188 milligrams per liter).

The U.S. Environmental Protection Agency Criminal Investigative Division and the North Carolina State Bureau of Investigation conducted the investigation.

United States v. U.S. Dry Cleaning Corp., et al., Nos. 1:21-CR-00131, 00134 (D. Hi.), ECS Senior Counsel Kris Dighe, AUSA Gregg Yates, and ECS Paralegal Sam Goins.

On November 12, 2021, U.S. Dry Cleaning Corp. (USDC) pleaded guilty to violating the Resource Conservation and Recovery Act for transporting hazardous waste without a required manifest (42 U.S.C § 6928(d)(5)). Sentencing is scheduled for April 18, 2022.

USDC owns Young’s Laundry & Dry Cleaning (YLD). In January 2017, YLD Regional Manager, Ruth Ann Newby, hired Anthony S. Gilstrap to remove drums containing perchloroethylene (perc), a RCRA-listed hazardous waste

United States v. John Affourtit, No. 3:20-CR-00009 (E.D. Ky.), AUSA Emily Greenfield.

On November 10, 2021, John Affourtit pleaded guilty to violating the Clean Water Act for knowingly discharging a harmful quantity of oil into a waterway of the United States. Affourtit also violated the Resource Conservation and Recovery Act for disposing of other hazardous waste materials (33 U.S.C. §§ 1321(b)(3), 1319(c)(2)(A); 42 U.S.C. § 6928(d)(2) (A)). Sentencing is scheduled for February 22, 2022.

In March 2017, Affourtit contracted with a company to remove and dispose of waste material at the company’s abandoned zinc plating facility. The job included cleaning out machinery pits filled with oily waste sludge. Local environmental authorities cited this company for violations a few months prior. In late March, Affourtit pumped oily waste from the pits into a large 500-gallon water trailer. He took the trailer to his residential property and discharged the contents into a creek that ran through his property. The creek is a perennial stream that flows into waters that are part of the Salt River, a traditional navigable waterway. A neighbor with adjacent property alerted authorities after smelling oil and seeing it in the creek and on the ground. This prompted contractors to initiate a cleanup.

Affourtit initially told authorities that his stepson and friend dumped a few five-gallon buckets of oil on the property. While the cleanup was underway, contractors discovered waste from the zinc plating company dumped in an earthen berm on Affourtit’s property. Labels for the defunct plating facility were visible on some of the discarded containers.

In April 2017, Affourtit hired contractors to clean the site and they put the waste in overpack drums including one bottle of sodium hydroxide. This bottle required proper disposal as a hazardous material. After learning how much it would cost, Affourtit took the bottle to a household hazardous waste disposal facility instead of the proper commercial waste facility.

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

United States v. Michael Van Nostrand, et al., No. 21-CR-20495 (S.D. Fla.), AUSA Tom Watts-FitzGerald.

Florida three-stripe mud turtle

On November 3, 2021, Michael Nostrand, a/k/a “The Lizard King,” and company, Strictly Reptile, Inc., pleaded guilty to conspiring to illegally harvest and protected turtles and to smuggle them out of the United States to China and Japan (18 U.S.C. § 371). Sentencing is set for February 2, 2022.

From April 2017 through April 2019, the defendants ran a network of “collectors” to capture various fresh-water turtles from wild within Florida and then market them to both domestic and international customers as Van his sell the “captive bred” turtles. They also falsified export documents using a “captive bred” code, Van Nostrand, Strictly Reptiles, and coconspirators trafficked hundreds of illegally-harvested Florida turtles for profit.

Van Nostrand served eight months’ incarceration for a previous case involving illegal reptile sales, and is the subject of a book entitled “The Lizard King.”

The U.S. Fish and Wildlife Service conducted the investigation, with assistance from the Florida Fish and Wildlife Conservation Commission.

United States v. Conchita L. Ayala, No. 21-CR-02191 (S.D. Calif.), ECS Trial Attorney Stephen DaPonte and AUSA Melanie Pierson.

On November 2, 2021, Conchita L. Ayala pleaded guilty to conspiracy (18 U.S.C. § 371). Sentencing is scheduled for January 20, 2022.

Authorities apprehended Ayala in July 2021 as she drove her vehicle into the United States from Mexico at the Otay Mesa Port of Entry. Her vehicle contained 11 bottles of Metagro and nine bottles of Metaldane, undeclared Mexican pesticides.

Those involved in clandestine marijuana grows use illegal pesticides to cultivate unregulated marijuana on both public and private land in the United States.

The U.S. Environmental Protection Agency Criminal Investigation Division and Homeland Security Investigations conducted the investigation.

United States v. Kwong Yau Lam, No. 1:21-CR-00021 (D. Guam), AUSA Marivic P. David.

On November 30, 2021, a court sentenced Kwong Yau Lam to complete a one-year term of probation for conspiracy and for violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)(7 U.S.C. §§ 136j(a)(1)(A), 136l(b)(1)(B)).

Beginning in March 2020, Lam sold an unregistered pesticide marketed as “Toamit Virus Shut Out Cards,” claiming it protected consumers from viruses, including COVID-19. Lam sold 100 Virus Shut Out Cards to three merchants to sell in Guam and ordered three more boxes containing 900 pieces from a relative in Hong Kong. U.S. Customs and Border Protection in Honolulu, Hawaii, seized two boxes from that order. After the seizure, Homeland Security agents interviewed Lam. He told the agents that he had not received approval from any government agency to import the Virus Shut Out Cards from Hong Kong, and claimed he had not sold any cards in Guam.

FIFRA regulates the production, sale, distribution, and use of pesticides in the United States. A pesticide is any substance intended for preventing, destroying, repelling, or mitigating any pest. The term “pest” includes viruses. Toamit Virus Shut Out was not registered with the Environmental Protection Agency.

The U.S. Department of Homeland Security Homeland Security Investigations, U.S. Customs and Border Protection, the U.S. Postal Inspection Service, the Federal Bureau of Investigation, the U.S. Environmental Protection Agency Criminal Investigation Division, Guam Customs and Quarantine Agency, and the Guam Environmental Protection Agency conducted the investigation.

United States v. Anthony Nguyen, No. 2:20- CR-00350 (W.D. Pa.), ECS Trial Attorney Patrick Duggan, AUSA Eric Olshan, and ECS Paralegal Jillian Grubb.|

Asian arowana

On November 18, 2021, a court sentenced Anthony Nguyen to complete a five-year term probation, to include six months’ home detention. Nguyen pleaded guilty to violating the Lacey Act for trafficking in endangered Asian arowana invasive snakehead fish (16 U.S.C. §§ 3372(a)(1), 3372(a)(2)(A), 3373(d)(1)(B)).

Nguyen owned and operated Ichiban Tropical Fish in Pittsburgh. The business specialized in selling rare and exotic freshwater tropical fish. In 2016, Nguyen sold illegally imported Asian arowana, and snakehead fish, an invasive and injurious species, in 2019. Nguyen also falsified paperwork related to the snakehead shipment. People purchase both species to keep in aquariums. Snakeheads can grow to be quite large and aggressive. As a result, those who purchase them often decide to release them into the wild.

The U.S. Fish and Wildlife Service conducted the investigation, with assistance from the Pennsylvania Fish and Boat Commission, the California Department of Fish and Wildlife, and the Texas Parks and Wildlife Department.

United States v. Loren K. Jacobson, No. 4:21-CR-00149 (D. Idaho), ECS TrialAttorney Cassie Barnum and AUSA Joshua Hurwit.

Metal from cargo tanker following explosion

On November 19, 2021, a court sentenced Loren K. Jacobson to one month in prison, months’ home confinement, and three supervised release, plus a $15,000 fine. Jacobson pleaded guilty to lying to the Occupational Safety and Health Administration (OSHA) and to making an illegal repair to a cargo tanker in violation of the Hazardous Materials Transportation Act (HMTA) (18 U.S.C. § 1001; 49 U.S.C. § 5124(a)).

Jacobson owned KCCS Inc., a tanker testing and repair company. The case arose from an explosion that occurred at KCCS during a cargo tanker repair, severely injuring a KCCS employee. On August 14, 2018, the employee’s welder flame pierced the skin of the tanker, which contained residual flammable material, causing the tanker to explode. After the explosion, an OSHA investigator interviewed Jacobson about the circumstances surrounding the accident to determine whether Jacobson violated OSHA safety standards for cargo tanker repair work. Jacobson told the investigator that his employee was merely an “observer,” not an employee, and that KCCS did not employee anyone, which was untrue. This was an important point because OSHA requirements only apply to “employers.”

Under the HMTA, all repairs to the skin of a cargo tanker require that the worker hold an “R-stamp,” which can be obtained only after meeting extensive training requirements. This ensures adequate training for those conducting repairs on cargo tankers (which often haul flammable materials.) Despite not having “R-stamp” certification, Jacobson regularly required employees to conduct tanker repairs. He placed his workers at risk by sending them inside the tankers to illegally weld patches that would not be visible from the outside.

The U.S. Environmental Protection Agency Criminal Investigation Division and the Department of Transportation Office of Inspector General conducted the investigation.

United States v. Delontay Moore, Nos. 1:21-CR-00036, 00118 (M.D.N.C.), ECS Trial Attorney Erica Pencak, AUSA Ashley Waid, ECS Law Clerk Amanda Backer, and ECS Paralegals Claudia Garin and Jillian Grubb.

On November 17, 2021, a court sentenced Delontay Moore to a total of 75 months’ incarceration.

Moore pleaded guilty to conspiracy to violate the Animal Welfare Act and to a felonin-possession (FIP) charge (18 U.S.C. § § 922, 924, 371). Of the 75 months, 63 months are for the FIP charge. Sixty months (the statute maximum) are for dog fighting, 48 of which run concurrent with the FIP charge, but 12 months will run consecutive. A three-year term of supervised release includes a special condition banning Moore from possessing dogs.

In December 2019, Moore participated in a dog fight with his dog losing and dying on the way home. In February 2021, agents executed a search warrant, seizing 25 dogs from Moore’s residence. The animals exhibited scars and wounds consistent with dog fighting.

The U.S. Department of Agriculture Office of Inspector General conducted the investigation.

United States v. James S. Marshall, No. 6:20-CR-006003 (W.D.N.Y), AUSA Aaron Mango.

On November 15, 2021, a court ordered James S. Marshall to pay $6,332 in restitution to the Fingerlakes Occupational Health Services. The money will be used for baseline medical testing for four workers exposed to asbestos. Marshall also will complete a one-year term of probation, after pleading guilty to negligent endangerment under the Clean Air Act (42 U.S.C. §§ 7412, 7413(c)(1), (c)(4)).

Marshall worked as a maintenance supervisor with the Finger Lakes Office for People with Developmental Disabilities (OPWDD). As part of his duties, Marshall controlled and supervised facilities under renovation or slated for demolition. In October 2014, Marshall requested asbestos testing at the Hillcrest Building, owned by the OPWDD. He directed an asbestos inspector take four samples from just two locations within the 300,000 square-foot building. The results of the four samples came back negative for asbestos. In November 2014, the OPWDD began soliciting bids to cleanout the building based upon these sample results. In December 2014, a third-party contractor won the bid and completed the work in April 2015. OPWDD received notification from Marshall of the successful cleanout shortly thereafter.

Building inspectors subsequently located regulated asbestos-containing material (RACM) throughout the building. In addition to failing to make sure workers adequately wetted the RACM and sealed it in leak-tight containers, Marshall placed others in imminent danger of death and serious bodily injury during the project.

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

United States v. Anchor Frozen Foods, Inc., et al., No. 2:18-CR-00522 (E.D.N.Y.), ECS Trial Attorney Ryan Connors and ECS Paralegal Jillian Grubb.

On November 9, 2021, a court sentenced Roy Tuccillo, Sr., Roy Tuccillo, Jr., Anchor Frozen Foods, Inc., and Advanced Frozen Foods, Inc., for conspiracy to commit wire fraud (18 U.S.C. § 371). Both companies will pay $100,000 fines. Roy Tuccillo, Sr., will serve 180 days’ incarceration, followed by two years’ supervised release, and will pay a $50,000 fine. Roy Tuccillo, Jr., will serve 30 days’ incarceration, followed by two years’ supervised release, and pay a $5,000 fine.

The Tuccillos owned a number of seafood companies on Long Island, New York. They repeatedly imported giant squid from Peru and then sold it to grocery stores across the country as octopus. They solicited business and processed payments by email and wire transfers while carrying out their scheme to defraud grocery stores and customers.

The National Oceanic and Atmospheric Administration Office of Law Enforcement investigated this case, with assistance from the U.S. Food and Drug Administration.

United States v. Mauro Herrera, No. 3:20-CR-03170 (S.D. Calif.), ECS Trial Attorney Stephen DaPonte and AUSA Melanie Pierson.

On November 8, 2021, a court sentenced Mauro Herrera to 60 days’ incarceration, concurrent with his sentence for alien smuggling, serving a total of 401 days’ time-served. The court also ordered Herrera to pay $1,200 in restitution. Herrera pleaded guilty to smuggling (18 U.S.C. § 545).

Authorities apprehended Herrera in September 2020, as he attempted to enter the United States from Mexico with six bottles of undeclared pesticide: five one-liter bottles of Ciper QL, and a one-liter bottle of Qufuran.

Those involved in clandestine marijuana grows use illegal pesticides to cultivate unregulated marijuana on both public and private land in the United States.

The U.S. Environmental Protection Agency Criminal Investigation Division and Homeland Security Investigations conducted the investigation.

United States v. Justin A. Wilke et al., No. 3:19- CR-005364 (W.D. Wash.), AUSAs Seth Wilkinson and William Dreher.

Maple fire

On November 8, 2021, a court sentenced Justin A. Wilke to 20 months’ incarceration, followed by three years of supervised release. He also must $9,730 (representing proceeds from theft of property.) On December 7, 2021, the court ordered Wilke to pay an additional $22,130 in restitution to the U.S. Forest Service.

A jury convicted Wilke in July 2021 for stealing maple wood that resulted in a massive forest fire in 2018. The jury found Wilke guilty of conspiracy, theft of public property, depredation of public property, trafficking in unlawfully harvested timber, attempting to traffic in unlawfully harvested timber (18 U.S.C. §§ 371, 641, 1361; 16 U.S.C. §§ 3372(a)(1), 3373(d)).

Between April and August 2018, Wilke conducted an illegal logging operation in the Elk Lake area of the Olympic National Forest. In July 2018, just days after completing a state prison sentence, Shawn E. Williams began helping Wilke remove maple wood from the forest and transporting it to a mill in Tumwater, Washington. Those who craft musical instruments greatly value this type of maple.

This is the first instance where an expert testified about tree DNA during a federal criminal trial. Wilke claimed he sold legally harvested wood to the mill. The expert testified, however, that the wood Wilke sold genetically matched the remains of three poached maple trees recovered from the Elk Lake area. Based upon this evidence, the jury concluded Wilke sold stolen wood.

The defendants were accused of causing the August 2018 forest fire after igniting a bee’s nest in a tree they wanted to steal. The “Maple Fire” cost approximately $4.5 million to contain and burned more than 3,300 acres. The jury declined to convict Wilke of the two counts related to the fire as the evidence was unclear as to his role.

Williams was sentenced in September 2020, to 30 months’ incarceration, followed by three years’ supervised release, and ordered to pay $4,276,483 in restitution: $2,512,444 to the U.S. Forest Service and $1,764,039 to the Washington Department of Natural Resources. Williams pleaded guilty to theft of public property and setting timber afire (18 U.S.C. §§ 641, 1855).

The United States Forest Service conducted the investigation.

United States v. Aaron Rochester, No. 5:18-CR-04073 (N.D. Iowa), AUSA Shawn Wehde.

CRT Waste

On November 8, 2021, a court sentenced Aaron Rochester to complete a three-year term of probation, perform 100 hours of community service, and pay $4,055,978 in restitution to several victims.

Rochester owned and operated a company called Recycletronics. Between June 2015 and January 2017, he illegally stored and transported hazardous waste, namely CRTs (cathode ray tubes) and leaded glass from televisions and computers at various facilities in and around Sioux City, Iowa. Rochester pleaded guilty to illegally storing and transporting hazardous waste (42 U.S.C. § 6928(d)(2)(A)).

The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.

United States v. Lekey Davis et al., Nos. 5:21-CR-00003, 00040 (M.D. Ga.), ECS Trial Attorney Banu Rangarajan, AUSA William Keyes, and ECS Law Clerks Amanda Backer and Nate Borelli.

On November 2, 2021, a court sentenced Lekey Davis to 210 months’ incarceration, followed by four years’ supervised release. Derrick Owens will serve 120 months, followed by five years’ supervised release, and pay a $30,000 fine. Both pleaded guilty to drug charges, and Owens also pleaded guilty to participating in an animal fighting venture.

Prosecutors variously charged several individuals with Animal Welfare Act, conspiracy, and drug violations: Christopher Raines, Armand Davis, Vernon Vegas, Kathy Ann Whitfield, Bryanna Holmes, Rodrick Walton, Reginald Crimes, Jarvis Lockett, Jason Carter, Shaquille Bentley, Lee Benney, Davis, and Owens (18 U.S.C. §§ 371, 49; U.S.C. §§ 2156(a)(1), (b); 21 U.S.C. §§ 841, 844, 846).

Between May 2019 and February 2020, Lockett, Owens, Raines, Davis, Walton, Benney, and Crimes participated in a conspiracy to sponsor and exhibit dogs in a dog fight, and possess, train, transport and deliver dogs to use for fights. They attended a number of dog fights during this period and supplied many of the dogs themselves.

Lockett, Owens, Raines, Armand Davis, Carter, Bentley, Holmes, Vegas, Davis, and Whitfield further conspired to possess cocaine base and cocaine, with the intent to distribute. Prosecutors charged Lockett, Davis, Holmes, and Walton with additional drug violations.

The Drug Enforcement Administration and the U.S. Department of Agriculture Office of the Inspector General conducted the investigation, with assistance from the United States Marshals Service and local law enforcement agencies.

United States v. Madeline Alonge et al., Nos. 1:21-CR-00067, 72, 122, 136, 154 (N.D.N.Y.), ECS Senior Trial Attorney Todd Gleason, ECS Trial Attorney Gary Donner, and ECS Paralegal Chloe Harris.

On November 2, 2021, a court sentenced Madeline Alonge to complete a three-year term of probation. She also will surrender her asbestos licenses and dissociate herself from the industry. On November 3, 2021, a court ordered Gunay Yakup and Roger Osterhoudt to each complete a three-year term of probation. Osterhoudt also must perform 80 hours of community service. Restitution will be determined at a later date.

Between May and August 2016, Kristofer Landell, Stephanie Laskin, Yakup, Osterhoudt, and Alonge participated in demolishing numerous buildings located on a 258- acre industrial property. The buildings contained substantial amounts of regulated asbestos-containing material (RACM).

During the project, Laskin, Yakup, Landell, and Alonge (all of whom possessed specialized asbestos abatement supervisor training) violated multiple National Emission Standards for Hazardous Air Pollutants, Occupational Safety and Heath, and local environmental standards including: failing to operate functioning decontamination units; conducting asbestos removal operations without access to sufficient water; failing to provide handlers with adequate personal protective equipment; failing to wet RACM; dropping RACM from substantial heights causing visible emissions when the material hit the floor; and spraying water into bagged and dry RACM to mislead inspectors.

Landell used his air and project monitoring company to create "final air clearances," in spite of ongoing violations. He also took the lead in concealing the illegal asbestos abatement activities by fabricating paperwork, altering existing paperwork, and running interference when inspectors arrived at the site.

Osterhoudt (the vice president of the entity that owned the site), repeatedly pressed the abatement workers to work faster despite knowing that the New York State Department of Labor issued notices of violation.

Landell and Alonge pleaded guilty to felony conspiracy to violate the Clean Air Act (CAA) and to defraud the government (18 U.S.C. § 371). Laskin pleaded guilty to conspiring to violate the CAA (18 U.S.C. § 371). Yakup and Osterhoudt pleaded guilty to conspiracy and CAA misdemeanor charges, respectively (18 U.S.C. § 371, 42 U.S.C. § 7413(c)(4)).

The U.S. Environmental Protection Agency Criminal Investigation Division and the New York Departments of Labor and Environmental Conservation conducted the investigation.

United States v. Jeremiah Ruhl, No. 5:19-CR-00066 (D. Vt.), AUSA Joseph Perella.

On November 1, 2021, a court sentenced Jeremiah Ruhl to one year of incarceration, followed by two years’ supervised release for violating the Migratory Bird Treaty Act. Ruhl also is a convicted felon (16 U.S.C. §§ 703(a), 707(a); 18 U.S.C. §§ 922(g) (1), 924(a)(2)). In 2016, Ruhl killed a crow and woodcock without a license and illegally possessed a dead turkey vulture.

Following his guilty plea in September 2019, a court referred Ruhl to participate in a Federal Drug Court program. In July 2021, the court terminated his participation for violating multiple release conditions, including continued drug use.

At sentencing the government noted several aggravating factors, in particular Ruhl’s long history of violating Vermont’s game laws, which stood in stark contrast to the statements he made to the court, professing support for Vermont’s wildlife.

The Vermont Fish and Wildlife Department, the Colchester Police Department, and the U.S. Fish and Wildlife Service conducted the investigation.

United States v. Angel Ramos-Corrales, No. 5:21-CR-00123 (C.D. Calif.), AUSA Julius Nam.

On November 1, 2021, a court sentenced Angel Ramos-Corrales to 24 months’ incarceration, followed by 24 months’ supervised release. Ramos-Corrales pleaded guilty to violating the Animal Crush Act for slitting the throat of a young puppy and posting a video of it on his Snapchat account (18 U.S.C. § 48(a)(1)).

On February 13, 2021, the Riverside Police Department received a complaint after Ramos-Corrales posted the video on Snapchat and sent it to his followers. Police found the defendant at his residence with fresh blood stains on his clothes, and wounds on his hand. They also found the severely injured dog in the house, which had to be euthanized.

The Federal Bureau of Investigation conducted the investigation, with assistance from the Riverside Police Department.

United States v. Christopher Hall, No. 2:21-CR-00048 (S.D.W.V.), AUSA Eric Goes and SAUSA Perry McDaniel.

On October 14, 2021, a court sentenced Christopher Hall to complete a one year term of probation and perform 120 hours of community service. Hall pleaded guilty to violating the Clean Water Act for submitting a false sludge management report to the West Virginia Department of Environmental Protection (WVDEP) (33 U.S.C. § 1319(c)(4)).

Between February 2017 and October 2018, Hall worked as the manager of the Publicly Owned Treatment Works (POTW) for the Town of Matewan, West Virginia. Hall was certified as a sewage plant operator, but his certification expired in 2015. Hall’s responsibilities required him to monitor the amount of sludge collected and transported to a landfill for disposal each month, and to report this information to the WVDEP. The WVDEP relied upon the sludge management reports to determine that the POTW functioned properly. The reports also ensured that workers did not discharge sludge into a waterway or dump it an unapproved landfill.

Between July 2017 and October 2018, Hall submitted ten reports to the WVDEP stating sludge had been collected and transported to a landfill, when in fact, none left the facility during this period of time. The ten reports represented a total of 55 tons of sludge. Hall pleaded guilty to filing a false report in August 2018.

The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation, with assistance from the Federal Bureau of Investigation, the West Virginia Department of Environmental Protection, and the Town of Matewan.

Environmental Crimes Bulletin

Updated December 6, 2023
Component
Environment and Natural Resources Division

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