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Environmental Crimes Bulletin April 2021

In this issue:

United States v. Gilbert Fajardo Dela Cruz, No. 4:19-CR-00559 (N.D. Calif.), ECS Senior Trial Attorney Ken Nelson, AUSA Katie Lloyd-Lovett, SAUSA Andrew Briggs, and ECS Paralegal John Jones

On April 19, 2021, a jury convicted First Assistant Engineer Gilbert Fajardo Dela Cruz on all counts: Act to Prevent Pollution from Ships (APPS), obstruction, and witness tampering (33 U.S.C. § 1908(a); 18 U.S.C. §§ 1505, 1512). Sentencing is scheduled for June 25, 2021.

Dela Cruz  worked  on board the M/T Zao Galaxy,  a ship operated by  Unix  Line PTE, Ltd., a Singapore -based  shipping company. On January  21, 2019, the ship  set sail from  the Philippines, heading toward Richmond, California, carrying a  cargo of palm  oil. On  February  11,  2019,  the vessel arrived in Richmond, where it  underwent a U.S. Coast Guard inspection and examination. Examiners  discovered that  during the voyage, Dela Cruz  directed crewmembers  to discharge oily  bilge water overboard, using a configuration of drums, flexible pipes, and flanges  to bypass  the  vessel’s  Oil Water Separator [depicted  above.]  The crew  failed to record those  discharges  in the ship’s Oil Record Book presented to the Coast Guard during the inspection. Dela Cruz  also directed a lower-level crewmember to withhold information from inspectors.  

The court sentenced Unix  in March 2020, to pay  a $1.65  million fine, complete a four-year term  of probation, and implement  an environmental compliance plan.  The company pleaded guilty to violating APPS.  

The United States Coast Guard conducted the investigation.

United States v. Great Lakes Dredge & Dock  Company, LLC, No. 2:21-CR00056 (E.D. La.), AUSA Nicholas Moses

On April 22, 2021, prosecutors charged Great Lakes Dredge & Dock Company, LLC (Great Lakes), with violating the Clean Water Act (CWA) in connection with an oil spill in 2016 (33 U.S.C. § 1319(c)(1)(A), 1321(b)(3)). Trial is scheduled for July 12, 2021. 

On September 5, 2016, James Tassin, a Great Lakes employee, negligently discharged 6,000 gallons of oil into Bay Long near the Chenier Ronquille barrier island, east of Grand Isle. The spill took place after Tassin’s supervisors instructed him to perform unauthorized digging with a marsh buggy near a pipeline, without alerting authorities or the pipeline company. After digging for multiple days, Tassin removed the mud cover from the top of the underwater pipeline before eventually striking it, causing it to rupture. Tassin pleaded guilty to violating the CWA, and is scheduled for sentencing on June 22, 2021. 

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

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

On April 21, 2021, a court unsealed the indictment of one fisherman, a wholesale fish dealer, and two of its managers for conspiracy to commit mail and wire fraud and obstruction in connection with a scheme to illegally overharvest fluke and black sea bass. Prosecutors charged Christopher Winkler, Bryan Gosman, Asa Gosman, and Bob Gosman Co., Inc., with one count of conspiracy to commit mail and wire fraud as well as to obstruct the National Ocean and Atmospheric Administration's (NOAA) federal fisheries regulating efforts. Each defendant is charged with obstruction, and Winkler and the corporate defendant face substantive fraud charges (18 U.S.C. §§ 371, 1341, 1343, 1503, 1512(c)(1), 1519). 

Between May 2014 and July 2016, Winkler, as captain of the New Age, went on 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 managed by Asa Gosman and Bryan Gosman. 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 (FVTR), which is mailed to 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.

Initiated as part of Operation One-Way Chandelier, this case is part of a multi-year, ongoing investigation by the National Oceanic and Atmospheric Administration into fisheries fraud on Long Island. 

United States v. Emanuele Palma, et al., No. 2:19-CR-20626 (E.D. Mich.), ECS Senior Trial Attorney Todd Gleason, AUSAs John K. Neal and Timothy J. Wyse, Criminal Division Prin. Asst. Chief Henry P. Van Dyck, Trial Attorneys Kyle W. Maurer and Jason M. Covert, and ECS Paralegal Maria Wallace

On April 20, 2021, a court unsealed an indictment charging two Italian nationals, along with a previously  charged co-conspirator, for their roles  in a conspiracy  to defraud  U.S. regulators and customers. Prosecutors  charged the defendants with making false and  misleading  statements  about the  emissions  controls  and fuel efficiency  of more than  100,000 diesel vehicles sold in the United States by FCA  US LLC.

Sergio Pasini, and Gianluca Sabbioni, two senior diesel managers at Fiat Chrysler Automobiles Italy S.p.A. (FCA Italy) (a wholly owned subsidiary of Stellantis N.V.), along with Emanuele Palma, were responsible for developing and calibrating the 3.0-liter diesel engine used in certain FCA diesel vehicles. Their responsibilities included calibrating several software features in the vehicles’ emissions control systems to meet emissions standards for nitrogen oxides (NOx), a family of poisonous gases that are formed when diesel fuels are burned at high temperatures, while also achieving best-in-class fuel efficiency targets set by FCA US LLC. 

Palma, Pasini, Sabbioni, and other co-conspirators calibrated the emissions control functions to produce lower NOx emissions under conditions when the subject vehicles underwent testing on the federal test procedures or driving “cycles,” and higher NOx emissions under conditions when the subject vehicles would be driven in the real world. Palma, Pasini, Sabbioni, and their co-conspirators referred to the manner in which they manipulated one method of emissions control as “cycle beating.” By calibrating the emissions control functions on the subject vehicles to produce lower NOx emissions while the vehicles were on the driving “cycle,” and higher NOx emissions when the vehicles were off the driving “cycle,” or “off cycle,” the three defendants purposely misled FCA’s regulators by making it appear vehicles produced less than the actual NOx emissions. Palma, Pasini, and Sabbioni also made and caused others to make false and misleading representations to FCA’s regulators about the emissions control functions of the subject vehicles in order to ensure that FCA obtained regulatory approval to sell vehicles in the United States. 

Palma, Pasini, and Sabbioni employed “cycle beating” to achieve best-in-class fuel efficiency and make the subject vehicles more attractive to FCA’s potential customers, i.e., by increasing fuel economy and reducing the frequency of a required emissions control system service interval. The defendants understood their “cycle beating” calibration would harm consumers who purchased the vehicle, leading them to acknowledge that “there will always be the unlucky customer who will have the misfortune of using our loser cal [ibration].”

Prosecutors charged Pasini and Sabbioni with one count of conspiracy to defraud the United States and to violate the Clean Air Act (CAA), one count of conspiracy to commit wire fraud, and six counts of violating the CAA. Palma is charged with one count of conspiracy to defraud the United States and to violate the CAA, one count of conspiracy to commit wire fraud, six counts of violating the CAA, and two counts of making false statements to federal investigators (18 U.S.C. §§ 371, 1001, 1349; 42 U.S.C. § 7413(c)(2) (A)). 

The Federal Bureau of Investigation and the U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation. 

United States v. Klean Waters, Inc., et al., No. 8:21-CR-00060 (C.D. Calif.), AUSA Rosalind Wang 

On April 15, 2021, prosecutors charged a wastewater treatment facility and its former owner with conspiring to discharge untreated industrial wastes into the publically owned treatment works (POTW) (18 U.S.C. § 371; 33 U.S.C. § 1319 (c)(2)(A)). Trial is scheduled to begin on June 29, 2021. 

Between 2012 and 2015, Tim Miller and Klean Waters, Inc., discharged untreated wastewater that contained pollutants, including firefighting foam and a variety of metals. Additionally, they failed to perform self-monitoring and prepare accurate reports, made false statements regarding the discharges, tampered with monitoring devices, and prevented inspectors from reviewing company documents or collecting samples from the facility 

The Federal Bureau of Investigation and the U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.

United States v. Odell S. Anderson, Sr., et al., Nos. 3:21-CR-00023—00025 (E.D. Va.), ECS Trial Attorney Shennie Patel, AUSA Olivia L. Norman, and ECS Paralegals Samatha Goins and John Jones

On April 2, 2021, prosecutors charged Odell S. Anderson, Sr., Emmanuel A. Powe, Sr., Chester A. Moody, Jr., and Carlos L. Harvey with a federal dog fighting conspiracy for their roles in an inter-state dog fighting network across the District of Columbia, Maryland, Virginia, and New Jersey (7 U.S.C. § 2156; 18 U.S.C. §§ 49 and 371). The government also charged Anderson with taking a minor to a dog fight (7 U.S.C. § 2156(a)(2)(B)). [See Plea Section for update on Moody and Harvey.] 

Beginning in 2013 through July 2018, the defendants and others participated in animal fighting ventures, involving training, transporting, breeding, and dog fighting setups, including at least one specific "two-card" dog fighting event in April 2016. Authorities executed multiple search warrants leading them to discover the conspiracy.   This  case  is part  of Operation Grand Champion. The U.S. Department of Agriculture   Office of the Inspector  General conducted  the investigation, with assistance from  the Federal Bureau of 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 April 1, 2021, a court unsealed an indictment, charging Ashtyn Rance with four Lacey Act violations and one count of felon-in-possession of firearms (16 U.S.C. §§ 3372 (a)(2), (d)(2), 3373(d)(1), (d)(3)(A)(ii); 18 U.S.C. §§ 922(g)(1) and 924(a)(2)). 

In 2018, Rance possessed eastern box turtles, spotted turtles, and Gaboon vipers in violation of Georgia law. He falsely labeled packages containing the reptiles and shipped them to Florida. Gaboon vipers are venomous and potentially fatal to humans. Authorities executed a search warrant at his Valdosta residence and recovered two firearms.

This case is part of Operation Middleman, a U.S. Fish and Wildlife Service investigation into the intermediaries 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. Jorge A. Gutierrez et al., 3:20-CR -00920 (W.D. Tex.), ECS Trial Attorneys Donner and Mary Dee Carraway, and Paralegal John Taylor

On April 29, 2021, Jorge A. Gutierrez  pleaded guilty  to conspiracy  and to smuggling  wildlife for his  role in a  wildlife trafficking  ring involving  the smuggling of protected wildlife from  Mexico to the  United  States  (18  U.S.C. §§  371, 554). Sentencing  is  scheduled for July  22, 2021.  

Between April 2015 and February Gutierrez and others acted as middlemen in a trafficking ring that smuggled hundreds of species of wildlife from Mexico into the United States. Suppliers based in Mexico Gary ECS 2020, sold protected species of reptiles, amphibians, and birds to customers based in the United States. Gutierrez retrieved animals from the airport in Juarez, Mexico, and either transported the wildlife across the border to ship to U.S. customers, or transported the animals to a pre-arranged meeting place in Juarez to another middleman who then smuggled them into the United States. As a middleman, he charged a “crossing-fee,” based on the number and size of animals he transported, many of which are protected by the Convention on International Trade in Endangered Species (CITES). 

On September 2016, Gutierrez retrieved a Central American river turtle, a CITESprotected species, from the Juarez airport. He took the turtle to another middleman at a pre-arranged location in Juarez, who then smuggled it across the border into the United States via an El Paso, Texas, border crossing. Authorities valued the turtle at $1,650. 

The U.S. Fish and Wildlife Service apprehended Gutierrez as part of Operation Bale Out, an ongoing effort to detect, deter, and prosecute those engaged in the illegal trafficking in protected species. Gutierrez and co-conspirators illegally transported wildlife valued in excess of $3.5 million. 

United States v. Jesus Mauricio Reyes et al., No. 20-CR-02711 (S.D. Calif.), ECS Trial Attorney Stephen DaPonte and AUSA Melanie Pierson

On April 29, 2021, Jesus Mauricio Reyes pleaded guilty to conspiracy for his role in smuggling illegal pesticides from Mexico into the United States (18 U.S.C. § 371). Sentencing is scheduled for July 22, 2021. 

Authorities apprehended Reyes and co-defendant Mariaelisa Macias in July 2020 as they attempted to bring Furadan, Biomec, Biozyme, and Etoxozole into the country. Macias is scheduled for sentencing on June 14, 2021, after pleading guilty to conspiracy. 

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. Chester  A. Moody, Jr.,  and Carlos L. Harvey, Nos. 3:21-CR-00023-00024, (E.D. Va.), ECS  Trial Attorney  Shennie Patel, AUSA Olivia L. Norman, and ECS Paralegal John Jones

On April 28, 2021, Chester A. Moody  and Carlos L. Harvey each pleaded  guilty  to a  one-count conspiracy to violate the Animal Welfare Act. Sentencing for Moody is scheduled for August 27, 2021, and sentencing  for Harvey is scheduled for September 1, 2021.

Prosecutors  charged Moody  and  Harvey, along with Odell S. Anderson, Sr., and Emmanuel A. Powe, Sr., with a federal dog fighting  conspiracy  for their roles  in an inter-state dog fighting  network across  the District of Columbia, Maryland, Virginia, and New  Jersey  (7  U.S.C. § 2156; 18  U.S.C. §§  49  and 371). The government also charged Anderson with  taking a minor to  a dog fight (7 U.S.C. § 2156(a)(2)(B)).  

Beginning  in 2013  through July  2018, the defendants and others  participated in animal fighting  ventures, involving  training, transporting, breeding, and dog fighting  setups, including at least one  specific  "two-card"  dog  fighting  event in April 2016. Authorities  executed multiple search warrants  leading them to discover the conspiracy.  

This  case  is part  of Operation Grand Champion. The U.S. Department of Agriculture Office of the Inspector General conducted the investigation, with assistance from  the Federal Bureau of Investigation. 

United States v. Christopher Casacci, No. 20-CR-00005 (W.D.N.Y.), ECS  Trial  Attorney  Patrick Duggan,  AUSA Aaron Mango, and ECS Paralegal Jillian Grubb

Serval kitten

On April 27,  2021, Christopher Casacci pleaded guilty  t violating the Lacey  Act and the Animal Welfare Act (AWA)  fo trafficking  African wild cats in the exotic  pet trade (16  U.S.C. §§ 3372(a)(2)(A), 3373(d)(1)(B); 7 U.S.C. §§ 2134, 2149(e)).

Between  November 2017  and  June 2018, Casacci importe and sold caracals  and servals. Caracals, also known as the “deser lynx,” are wild cats native to Africa, and grow  to approximately  45 pounds. Servals, also  wild cats native to  Africa, grow  to approximately  40  pounds. Both species  are  protected by  the Convention on International Trade in Endangered Species.  

Casacci, doing business  as “Exotic  Cubs.com,” illegally  sold these cats  as pets. He  disguised his  commercial activity  by  falsely  declaring the animals  as domesticated breeds,  such as savannah cats and Bengal cats, on shipping records. Casacci also failed to obtain  proper licensing necessary for lawfully selling animals, under the AWA.   The U.S. Fish and Wildlife Service and the New  York  State Department of Environmental Conservation conducted the investigation.  

United States v. Jason Carter  et al., No.  5:21-CR-00003  (M.D. Ga.), ECS  Trial  Attorney  Banu  Rangarajan, AUSA  William  Keyes, and ECS  Law Clerks Amanda  Backer and Nate Borelli

On April 26  and April 27, 2021, Jason Carter and Bryanna Holmes,  respectively, pleaded guilty  to drug charges  for their roles  in this  multi-defendant dog fighting  conspiracy  (23  U.S.C. §  843(b)).  Shaquille Bentley  and Rodrick Walton previously  pleaded guilty  to  similar charges.  

Prosecutors  variously  charged the following 11  people with Animal Welfare Act,  conspiracy, and drug violations: Jarvis Lockett, Derrick Owens, Christopher Raines, Armard  Davis, Vernon Vegas, Lekey  Davis, Kathy  Ann Whitfield, Carter, Holmes, Walton, and  Bentley.  

Between  May  2019  and February  2020, Lockett, Owens, Raines, Davis, and Walton  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, 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 U.S.  Marshals Service and local law enforcement agencies.  

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

On  April 26, 2021, Christopher 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)). Hall is scheduled for  sentencing on July 22, 2021.

Hall worked as the manager of the Publicly  Owned Treatment Works  (POTW)  for the  Town of Matewan, West Virginia, between  February  2017  and  October 2018.  Hall possessed certification 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. 

Hall pleaded guilty  to filing a false report in August 2018. The other nine  false reports may  be considered by  the court during sentencing as relevant conduct.  The ten reports represent a total of 55 tons of sludge.  The U.S. Environmental Protection Agency  Criminal Investigation Division conducted  the investigation, with assistance from the Federal Bureau of Investigation, the WVDEP,  and the Town of Matewan.  

United States v. Jose Manuel  Romero Torres, No. 20-CR-03383  (S.D. Calif.),  ECS Trial Attorney Stephen DaPonte and AUSA Melanie Pierson

On April 26, 2021, Jose Manuel Romero Torres  pleaded guilty  to failing  to submit a  notice as required by  the Toxic  Substances Control Act (TSCA)  (15  U.S.C. §§  2614(3), 2615 (b)(1)). Sentencing is scheduled for August 2, 2021.  

Authorities  apprehended Torres  in  October  2020  as  he  entered the United States  from  Mexico with the following pesticides  in the trunk  of his  car: four bottles  of “Metrifos  600,” four bottles  of “Rayo 50  EC,” four bottles  of “Kanemite,” and one bottle of “SurfingAd.” Surfing-Ad contains  a TSCA-regulated substance, thus  requiring certification at the  time of importation.  

Torres  told  the inspectors that  he was bringing  the pesticides  to a  friend who  cultivated marijuana in Bakersfield, California.    The U.S. Environmental Protection Agency  Criminal Investigation Division  and Homeland Security Investigations conducted the investigation

United States v. John Fansler  et al.,  Nos.  4:20-CR-00449, 00450  (S.D. Tex.), AUSA Steven Schammel and SAUSA Kristina Gonzalez

On  April 26,  2021, HP  Gas  Products, LLC. (HP Gas)  facility  owner and operator, John  Fansler, pleaded guilty  to violating the Resource Conservation and Recovery  Act for storing  hazardous  wastes  without a permit  (42  U.S.C. §  6928(d)(2)(A)). Sentencing is scheduled for July 26, 2021.

Fansler and Michael Anaker owned and operated HP Gas,  an industrial gas  producing company. Between  2009  and 2010, the company  manufactured and shipped chemicals, including hydrogen  cyanide and cyanogen chloride. Employees  stored  hazardous  waste generated from  the production of these chemicals  on site in drums  and  barrels, without a permit. 

Following an explosion at the facility  in February  2018, local officials discovered a number of rusted gas  cylinders, one  of which exploded leaking  an  unknown poisonous  gas. Investigators inventoried close to 1,200  containers, many  severely  degraded and leaking.  The U.S Environmental Protection Agency  cleaned up  the site  at a cost of approximately  $4.4 million. Anaker is scheduled for trial to begin on August 16, 2021.  

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

United States v. Chang Xiong, No. 3:20-CR00138 (W.D. Wisc.), AUSA  Daniel Graber

Rhinoceros foot

On April 22,  2021,  Chang Xiong pleaded guilty  to violating the Lacey  Act for illegally  purchasing endangered rhinoceros  feet in July  2016, September 2017, and December 2018  (16  U.S.C. §§  3372(a)(1), 3373(d)(1)(B)). Sentencing is scheduled for July 2, 2021. 

In May  2016, the U.S. Fish and Wildlife Service (FWS) enlisted a wildlife dealer in the United Kingdom  as a confidential informant (CI).  The CI received an email from  Chang asking to purchase a rhinoceros  foot. The CI informed Xiang it was  illegal to ship  one from  the United Kingdom  to the United States, but he  could  arrange for a contact (an undercover FWS agent) in the United States to assist. The agent  ultimately  arranged to meet Xiong in a Home Depot parking lot in July  2016  with the rhino foot (after exchanging multiple communications  with the defendant  concerning  the illegality  of this  transaction). Xiong  paid  $1,100  for the foot in July  2016.  Xiong arranged to  purchase another foot in September 2017  for $1,100, and purchased  two feet for $1,600  in December 2018. 

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

United States v. Mark Lee Morgan,  No. 3:20-CR-00495  (S.D. Calif.),  ECS  Trial  Attorney  Stephen DaPonte and AUSA Melanie Pierson

On April 21, 2021, Mark Lee Morgan pleaded guilty  to smuggling  (18  U.S.C. §  545).  Sentencing is scheduled for July 26, 2021.

Authorities  apprehended Morgan in November 2020, as he crossed the border from  Mexico with undeclared pesticide (thirty-four containers  of dichlorvos). This  pesticide is restricted in the United States and  Morgan planned to sell it  at his  store in Compton,  California.

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. Jeffrey G.  Brookshire, No. 1:21-CR-00017  (W.D.N.C.), AUSA  Steven Kaufman

On April 9, 2021, Jeffrey  G. Brookshire pleaded guilty  to violating the Resource  Conservation and Recovery  Act for illegally  storing  and disposing of hazardous  waste without a permit (42 U.S.C. § 6928(d)(2)(A)).  

Brookshire worked as  the Director of the Transylvania County  Landfill between  2005  until his  retirement in July  2017. In April  and June  2016, Brookshire accepted firing range air filters that contained lead for disposal at the landfill, without a permit to do so.   The  U.S.  Environmental Protection Agency  Criminal  Investigation Division conducted  the investigation.

United States v. Stephanie  Laskin, et al.,  (N.D.N.Y.), ECS  Senior  Trial Attorney  Todd Gleason, ECS  Trial Attorney  Gary  Donner, and  ECS Paralegal Chloe Harris

On April 8, 2021, Stephanie Laskin pleaded guilty  to conspiring to violate the Clean Air Act (CAA)  (18  U.S.C.  § 371). Co-defendant Gunay  Yakup  recently pleaded guilty to similar charges.

Between  May  and August 2016,  Laskin participated in  a large demolition  project, involving  numerous  buildings  located on a 258-acre industrial property. The buildings  contained substantial amounts of regulated asbestos-containing  material (RACM).  

During  the project, Yakup  and Laskin (who possessed specialized asbestos abatement supervisor  training)  violated multiple National Emissions  Standards for  Hazardous Air, Occupational Safety  and Health, 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 bagging  up dry RACM for disposal and spraying water into the bag to mislead inspectors.  

Another co-defendant repeatedly  pressed Laskin, Yakup, and other abatement  workers  to accelerate  their pace of work despite knowing that  the New  York State Department of Labor already issued notices of violation.  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. Genaro L. Merino et al.,  No. 2:19-CR-00149 (E.D. Calif.), A USA  Michael W. Redding

On April 7, 2021, Genaro L. Merino pleaded guilty  to conspiring to manufacture  marijuana and depredation of public  land and  natural resources  (21  U.S.C. §§  841,  846; 18  U.S.C §  1361). Merino is scheduled for  sentencing on July  8, 2021. Manuel S.  Cardenas entered a similar plea and is set for sentencing on June 10, 2021.  

Merino and Cardenas participated in an illegal marijuana grow  between  April and August 2019. Investigators located approximately  1,900  plants  at two grow  sites  in the Shasta-Trinity  National Forest near the town of Helena.   The U.S.  Forest Service, the California  Department of Fish and Wildlife, and the  Trinity County Sheriff’s Office conducted the investigation.  

United States  v. Jesus Montano Espinoza,  No. 3:20-CR-02842  (S.D. Calif.), ECS Trial Attorney Stephen DaPonte and AUSA Melanie Pierson.  

On April 7,  2021, Jesus Montano Espinoza pleaded guilty  to conspiring to violate  the  Federal Insecticide Fungicide and Rodenticide Act (18  U.S.C. §  371). Sentencing is scheduled for July 7, 2021. 

Authorities  apprehended Espinoza in  August 2020, as he attempted to enter the  United States  from  Mexico with three bottles  of  undeclared Mexican  pesticides: a one-liter  bottle of “Metaldane 600,” a one-liter  bottle of “Qufuran,” and a one-liter bottle of  “Lucaphos.”  

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. Jose Guadalupe Mancillas Ponce, No. 3:20-CR-02845  (S.D. Calif.), ECS Trial Attorney Stephen DaPonte and AUSA Melanie Pierson

On April 2, 2021, Jose Guadalupe Mancillas Ponce pleaded guilty  to  conspiring to violate the Federal Insecticide Fungicide and Rodenticide Act  (18  U.S.C.  §  371). Sentencing is scheduled for June 16, 2021. 

Authorities  apprehended Ponce in September 2020, attempting  to smuggle 41  one liter bottles  of illegal Mexican pesticides, including one  bottle of Qufuran, ten bottles  of Metaldane, 23 bottles of Biozyme, and seven bottles of Lorsban.    

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. Robert J.  Albaugh, No. 4:20-CR-00012  (D. Alaska),  AUSA Ryan  Tansey

On April 28, 2021, a court sentenced Robert J.  Albaugh to 30 months’ probation and  banned him  from  any  hunting  related activities  during that  period. Albaugh also will pay  a $5,000  fine. Albaugh previously  pleaded guilty  to violating the Lacey  Act and for making a  false application for a federal Subsistence Hunt Permit  (16  U.S.C. §§  3372(a)(1), 3373(d) (2); 43 U.S.C. §  1733(a)).  

Between  2002  and 2018, Albaugh and his  wife received a total of 63  Federal  Subsistence Hunt permits. They  took 23  caribou  and a moose using  those permits, falsely claiming rural resident status, and taking unfair advantage of subsistence programs  in rural Alaska.

The Federal  Subsistence Management Program  (FSMP)  supports rural Alaskans  who hunt and fish for subsistence. The program  allows  participants  to use public  lands and  waters while maintaining healthy  populations  of fish and wildlife. Subsistence fishing and hunting  provide a large share of the food consumed in rural Alaska. Alaska's indigenous  inhabitants  rely  heavily  upon the traditional harvest of wild  foods; more  and more  rural nonNative Alaskans rely upon it as well.  

The Bureau of Land Management Office of Law  Enforcement and Security  conducted the investigation, with assistance from Alaska Wildlife Troopers.

United States v. Saul Flores-Banuelos, No. 3:20-CR-02179  (S.D. Calif.),  ECS  Trial Attorney Stephen DaPonte and AUSA Melanie Pierson

On April 27, 2021, a  court sentenced Saul Flores-Banuelos  to two months’  incarceration, followed by  two years’ supervised release, and $1,200  in restitution. FloresBanuelos  pleaded guilty  to smuggling  for  entering the United States with undeclared pesticide (18 U.S.C §  545).  

Authorities  apprehended Banuelos  in April 2020, when  he attempted to drive over  the border from  Mexico with eight one-liter bottles  of “Qufuran,” four  bottles  of alcohol, and four kilograms of various medications.

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. Vener  Dailisan, No. 2:20-CR-00105  (E.D. Va.), ECS  Senior Trial Attorney  Kenneth Nelson, AUSA Joseph Kosky, and ECS Paralegal Chloe Harris

On April 21, 2021, a court sentenced Vener Dailisan to pay  a $3,000  fine and  complete a two-year term  of probation. Dailisan previously  pleaded guilty  to one  count of  making a false statement (18 U.S.C. §1001.)

Dailisan served as the Chief Engineer on the M/V  Protefs. The  Coast Guard  inspected the ship  on June 10, 2020, in Newport News, Virginia. Prior to the  inspection,  four engineering crewmembers  provided a letter and photographs  to the inspectors regarding illegal discharges  of bilge water and  oily  mixtures  from  the vessel. Coast Guard officers  asked Dailisan whether he maintained a Sounding Log on the vessel and he  stated “no.”  A  few  weeks  prior in New  Orleans, Louisiana, they  asked him  the same question  where he also denied having a Sounding Log. However, during the inspection in Newport News, he was confronted more directly and eventually confessed to having a Sounding Log   The U.S. Coast Guard conducted the investigation.    

United States v. Michael T. Merisola, No. 2:20-CR-00160 (S.D. Ohio), ECS Trial Attorney Adam Cullman and AUSA Mike Marous

On April 16, 2021, a court sentenced Michael T. Merisola to pay  a $7,500  fine, pay  $4,000  in restitution, complete a one-year term  of probation, and  perform  80  hours’ community  service. Merisola pleaded guilty  to  violating the  Endangered Species  Act for  illegally  selling  a mounted leopard in November 2019  (16  U.S.C. §§  1538(a)(1)(F), 1540(b) (1)).  

Merisola operates  a vintage furniture  store in  Buffalo, New  York. In August 2019,  Merisola posted a photograph on his  Instagram  feed of items  for sale, including a mounted leopard. In October 2019, an undercover agent contacted Merisola, who agreed to sell the leopard  for $4,200. 

Merisola operates  a vintage furniture  store in  Buffalo, New  York. In August 2019,  Merisola posted a photograph on his  Instagram  feed of items  for sale, including a mounted leopard. In October 2019, an undercover agent contacted Merisola, who agreed to sell the leopard  for $4,200. 

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

United States v. Algoma Central Corporation, No. 1:20-mj-00198  (W.D.N.Y.), ECS Trial Attorney Patrick Duggan and AUSA Aaron Mango

On April 14, 2021, a  court sentenced Algoma Central Corporation to pay  a  $500,000  fine and complete a three-year term  of probation, to include implementing an environmental compliance plan. The company  pleaded guilty  to negligently  violating the  Clean Water Act (33 U.S.C. §§ 1311(a), 1319(c)(1)(A)). 

This  Canadian-based shipping company  operates  cargo vessels  in the Great Lakes. The oily-water separator on the newly-built M/V Algoma  Strongfield  failed during delivery  from  China. As a result,  the delivery  crew  stored oily  bilge waste in the vessel’s washwater tank. Upon the vessel’s  arrival in North America, no one  informed Algoma employees  that  this tank held oily bilge waste.

On June 6, 2017, an Algoma employee emptied the washwater tank into Lake Ontario, discharging close to 12,000 gallons of oily waste into U.S. waters.   The U.S. Coast Guard Investigative Service conducted the investigation.  

United States v. Agnes Yu, No. 3:21-CR-00095 (D. Ore.), AUSA Ryan Bounds

Dried sea horses

On April 12, 2021, a court sentenced Agnes  Yu  to pay  a $5,000  fine and complete a three-year  term  of  probation, after pleading guilty  to violating the Lacey  Act for selling  pangolin  scales  (16  U.S.C. §§  3372(a),  3373(d)(2)).

Yu and her husband operated Wing Ming Herbs, a store selling  Chinese homeopathic  remedies  and other merchandise. In December 2003, U.S. Customs  and Border Protection personnel screened Yu and her husband at the U.S.-Canadian border. Inspectors recovered 10  dried sea snakes  and 49  dried bigtoothed sea snakes. Following this  event, the Yus  received a letter from  the U.S. Fish and Wildlife Service informing them  of the federal regulations  (including the Convention on International Trade in Endangered Species  (CITES))  that  govern  the  import and export of wildlife into and out of  the United States. Despite this  knowledge, Yu continued to  engage in numerous  illegal wildlife sales over a number of years.  

In November 2017, an undercover Postal Inspector went to Wing Ming and spoke  with Yu in Chinese. The inspector covertly  recorded and videotaped the m eeting. During  the course of their transaction, Yu sold the inspector thirty  grams  of  pangolin  scales  for  approximately  $165. All species  of pangolins  are CITES-protected. On various  dates  in  2017  and 2018, Yu  repeatedly  exported American ginseng to customers  in China in 2017  and 2018, without a valid CITES certificate.

In November 2017, an undercover Postal Inspector went to Wing Ming and spoke  with Yu in Chinese. The inspector covertly  recorded and videotaped the m eeting. During  the course of their transaction, Yu sold the inspector thirty  grams  of  pangolin  scales  for  approximately  $165. All species  of pangolins  are CITES-protected. On various  dates  in  2017  and 2018, Yu  repeatedly  exported American ginseng to customers  in China in 2017  and 2018, without a valid CITES certificate.

The U.S. Fish and Wildlife Service Office of Law  Enforcement conducted the  investigation with assistance from  the U.S. Postal Inspection Service, the National Oceanic  and Atmospheric Administration, the U.S. Department of Agriculture, Plant Protection 

United States v. Jordan Gerbich, No. 2:20-CR-00368  (C.D. Calif.),  AUSA Heather Gorman

On April 12, 2021, a court sentenced Jordan Gerbich for fatally  shooting  a northern  elephant seal. Gerbich will serve three months’ incarceration, followed by  a one-year term  of supervised release to include three months’ home detention. Gerbich also will pay  a  $1,000 fine and perform 120 hours of community service.  

On September 28, 2019, Gerbich drove to an elephant seal viewing area adjacent  to the Piedras Blancas Marine Reserve and Monterey Bay  National  Marine Sanctuary. Gerbich brought a .45-caliber pistol to shoot and kill a northern elephant seal as the animal  rested on  the  beach in the Piedras  Blancas  rookery. The  next day, tourists discovered the  animal on the beach with a bullet  hole in its  head. Gerbich pleaded guilty  to  violating the  Marine Mammal Protection Act (16  U.S.C. §§ 1372(a)(2)(A), 1375(b)).

The National Oceanic  and Atmospheric  Administration conducted  the investigation, with assistance from the California Department of Fish and Wildlife.  

United States v. Marek Majtan, No. 1:20-mj-02186  (D. Md.), AUSA Sean Delaney

On April 9, 2021, court sentenced Marek Majtan to six  months’ home confinement, and $4,800  in restitution, after pleading guilty  to  violating the Federal Insecticide, Fungicide, and Rodenticide Act (7  U.S.C. §§  136j(a)(1)(E), 136l(b)(1)(B)).  

Majtan owned a business  called Capital Cleaning  Solutions  (CCS). CCS  marketed products  on  its website that claimed to be  "EPA-registered disinfectants"  and "CDCregistered disinfectants"  effective against COVID-19.  In May  2020, investigators  determined that Majtan fraudulently sold unregistered and misbranded pesticides.   The U.S. Environmental Protection Agency  Criminal Investigation Division conducted the investigation. 

United States v. Dakota  Brennan Gray, No. 5:20-mj-00508  (W.D. Okla.), AUSA Charles W. Brown

On April 7, 2021, a court sentenced Dakota  Brennan  Gray  to complete  a three-year term  of probation for negligently  violating the Clean Water Act (33  U.S.C. §§  1321(b)(3), 1319(c)(1)(A)).  

On May  14, 2017, Gray  opened the valves  on a tank battery  that contained  approximately  129  barrels  of crude oil.  He  discharged the oil onto the ground and most of it  eventually  spilled into Cottonwood Creek, a tributary  that flows  approximately  22  miles  from  its headwaters  to the Cimarron  River. The  Cimarron  flows  to the  Arkansas  River, the  Mississippi River, and ultimately the Gulf of Mexico.  

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

United States v. Ruth  Grande Olguin, No.1:20CR-001428 (D.N.M.), AUSA Novaline Wilson

Wildlife items seized from Olguin

On April 6, 2021, a  court sentenced Ruth Grande Olguin to complete a one-year term  of probation and pay  $2,000  in restitution to the North  American Wetlands Conservation Fund.  

On  several occasions  between  April and  November 2019, Olguin illegally  possessed  feathers  and other parts  from  protected birds, including the crested caracara and sharp-shinned hawk.  Olguin pleaded guilty  to violating  the Migratory  Bird Treaty  Act  (16.U.S.C §§  703and  707(a)). She also will forfeit  feathers  and parts  from  bald eagles, American kestrels, and red-tailed hawks, among other species.  

The U.S. Fish and Wildlife Service conducted the investigation with assistance from  the New  Mexico Department of Game and Fish.

United States v. Perla  Moreno-Gomez, No. 3:20-CR-02910  (S.D. Calif.), ECS Trial Attorney Stephen DaPonte and AUSA Melanie Pierson

On April 5, 2021, a court sentenced Perla Moreno-Gomez  to complete a three-year  term of probation and pay $500 in restitution.   Authorities  apprehended Moreno-Gomez  in September 2020, attempting  to  smuggle three 950-milliliter bottles  of "Malathion 1000,"  into the United States from  Mexico. She pleaded guilty  to conspiring to violate the Federal Insecticide, Fungicide and  Rodenticide Act (18 U.S.C. § 371.)

Those involved in clandestine  marijuana grows  use illegal  pesticides  to cultivate unregulated marijuana on both public and private land in the United States.   T h e  U . S . Environmental Protection Agency  Criminal Investigation Division  and  Homeland Security  Investigations conducted the investigation.

United States v. Jay  E. Niday et al., Nos.  5:20-CR-004081, 5:19-CR-04001 (N.D. Iowa), AUSAs Timothy Vavricek and Matthew Cole

On  April  1,  2021, a  court  sentenced  Jay  E. Niday, a former  Sioux  City  Wastewater  Treatment  Plant  (WWTP)  superintendent,  to  three  months’ incarceration, followed  by  two years’  supervised release.  Niday  also  will  pay a  $6,000  fine. Niday pleaded guilty  to  conspiracy  and to  violating  the  Clean  Water  Act for tampering  with a monitoring  device  (18  U.S.C.  §  371; 33  U.S.C. §  1319(c)(4)).

Between  2011  and  June  2015, Niday  worked  as  a superintendent  at the  WWTP. The  WWTP serves a three-state  region  and dozens  of industries,  including  a number  of agricultural  and industrial  users. The  plant  discharges its effluent  into  the  Missouri  River, a haven  for  wildlife  and a popular recreational destination. 

Authorities required the  WWTP to  adhere  to  effluent  limits defined within  its National  Pollution  Discharge  Elimination  System  (NPDES) permit, which specified fecal coliform  and E. coli  limits, as well  as total  residual  chlorine  (TRC). During  this  period, Niday  and  others knowingly  withheld  from  the  Iowa Department  of  Natural Resources  serious  problems with the  WWTP’s  new  treatment  process, known  as  “the  MLE process.”  They  knew that  the  WWTP did not  function  properly and could not  consistently disinfect the millions of gallons of wastewater discharged daily  into the river.  

In  March 2013, the  City  contracted with an  engineering  firm  to  prepare  a “draft  master  plan”  to  address  the  disinfection  problem.  The  engineers concluded  that  the  WWTP’s  treatment  process  could not  adequately  disinfect  the  plant’s  influent  due  to  significantly  high toxicity  coming  from  industrial  users’  effluent. Instead  of following  the  recommendations in  the  draft master  plan, Niday  instructed the  engineering firm  not  to  finalize  the  report.  

Niday  and his shift  supervisor, Patrick  Schwarte, then  directed employees  to  add high levels  of chlorine  to  the  plant’s wastewater  on  days they  sampled for  E. coli. This fraudulent  procedure  ensured that the  plant’s effluent  always  appeared to  meet  its permitted limits for  fecal  coliform  and  E.  coli.  In  fact,  the  WWTP  never reported  any  exceedances  of its  permit  limits  for  bacteria or TRC after July  2012.

A court  sentenced  Schwarte  in  November  2020  to  pay a  $5,000  fine  and  complete  a  two year term  of  probation, to  include  two  months’  home  confinement. He pleaded  guilty  to  similar  charges.    The  U.S. Environmental  Protection  Agency  Criminal  Investigation  Division, the  U.S. Environmental  Protection  Agency  Office  of Inspector  General, and the  Federal  Bureau  of Investigation conducted the investigation. 

Environmental Crimes Bulletin

Updated December 5, 2023
Component
Environment and Natural Resources Division

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