epa's criminal investigation division

USEPA-CID ENVIRONMENTAL CRIMES

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EPA’s

CRIMINAL INVESTIGATION

DIVISION

TARA DONNSPECIAL AGENT, DENVER AREA OFFICE

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

USEPA-CID ENVIRONMENTAL CRIMES 2

Introduction

Title 18 United States Code Sec. 3063 specifically authorizes EPA-CID Special Agents to:

Carry firearms,

Execute any warrants,

Make arrests for

– any offense against the United States

committed in the agent’s presence,

– Felony offenses with probable cause


EPA

Criminal Investigation Division

~ 200 Special Agents nationwide

In each EPA Region is a CID Area Office (AO) supervised by a Special Agent in Charge (SAC) and Assistant Special Agent in Charge (ASAC)

47 Field Offices (incl. 10 Area Offices) in 38 states

Office of Criminal

Enforcement Forensics and

Training (OCEFT)

Criminal

Investigation

Division (CID)

National

Enforcement

Investigations

Center (NEIC)

Homeland

Security

Division (HSD)

Legal Counsel

Division (LCD)

Investigations

Branch

Operations

Branch

Training

Branch

AREA OFFICES (AO)

Boston

New York

Philadelphia

Atlanta

Chicago

Dallas

Kansas City

Denver

San Francisco

Seattle

Field

Investigations

Team

National

Computer

Forensics

Laboratory

(NCFL)

Center for

Strategic

Environmental

Enforcement

(CSEE)

BOSTON (R1)

– New Haven, CT

NEW YORK (R2)

– Syracuse, NY

– Trenton, NJ

– San Juan, PR

PHILADELPHIA (R3)

– Herndon, VA RO

– Baltimore, MD RO

– Charleston, WV

ATLANTA (R4)

– Nashville, TN

– Louisville, KY

– Charlotte, NC

– Knoxville, TN

– Jackson, MS

– Miami, FL

– Tampa, FL

– Gulf Breeze, FL

CHICAGO (R5)

– Minneapolis, MN

– Indianapolis, IN

– Cleveland, OH

– Detroit, MI

DALLAS (R6)

– Baton Rouge, LA

– Houston, TX

KANSAS CITY (R7)

– St. Louis, MO

DENVER (R8)

– Helena, MT

– Salt Lake City, UT

SAN FRANCISCO (R9)

– Sacramento, CA

– Honolulu, HI

– Los Angeles, CA

– Phoenix, AZ

– San Diego, CA

SEATTLE (R10)

– Anchorage, AK

– Portland, OR

– Boise, ID

EPA CID Area &

Resident Offices


EPA’s CRIMINAL

INVESTIGATION DIVISION


Criminal Case Pipeline

Leads Investigations Prosecutions

In FY 2010, CID opened 1824 leads About 19% (348) were opened as investigations; the remainder were closed or referred About 60% (208) of cases opened were prosecuted with indictment


CID Investigative Portfolio

Distribution of Open Cases by Media

22%

29%

14%

1%1%2%

1%

21%

9%Air

Water

Hazardous Waste

SDWA

CERCLA

Pesticide

TSCA

Other Environmental

General Crimes


Criminal Enforcement Results -

FY 2010 Incarceration: 72 Years

Fines (approx): $35,355,411

Restitution: $5,279,176

Probation: 461 Years

Currently 784 open cases nationwide


Investigative Discretion Criteria

1. Harm

2. Threat of Significant Harm

3. Failure to Report

4. Illegal Conduct Represents a Trend or Common Attitude

5. History of Repeated Violations


Investigative Discretion Criteria

5. Deliberate Misconduct Resulting in Violation

6. Concealment of Misconduct or Falsification of Records

7. Tampering with Monitoring or Control Equipment

8. Business Operating Pollution Related Activities Without a Permit, License, Manifest


ENVIRONMENTAL LAW ENFORCEMENT

Environmental investigations typically include Title 18 offenses as well as environmental statutes:

False Statements (18 USC 1001)

Mail Fraud (18 USC 1341)

Wire Fraud (18 USC 1343)

Conspiracy (18 USC 371)

Obstruction of Justice (18 USC 1501 –1517)

INVESTIGATION

OF ASBESTOS

CRIMES

CAA – Criminal Statutes

42 U.S.C. 7413 (c)(1) – Any person who knowinglyviolates any requirement or provision of NESHAP shall bepunished by a fine pursuant to Title 18, or imprisonmentnot to exceed five (5) years, or both (doubled for secondconviction).

42 U.S.C. 7413 (c)(2) – Any person who knowingly - (A)makes any false statement or knowingly alters, conceals orfails to file or maintain any document required, (B) fails tonotify or report as required, shall be punished by a finepursuant to Title 18, or by imprisonment not more than two(2) years, or both (doubled for second conviction).

Elements of a NESHAP Violation

The defendant, who is an owner or operator

of, a renovations or demolition project

involving a facility, in which the combined

amount of RACM stripped or removed is at

least 260 linear feet on pipes, 160 square feet

on facility components, or 1 cubic meter.

And who knowingly fails or causes another

person or employee to fail to comply with the

work practice standards.

Criminal Investigations

Potential Subjects of Asbestos Investigations

Asbestos Abatement Companies

Analytical Laboratories

Real Estate Development Companies

Property Owners

Asbestos Training Facilities/Trainers/Trainees

Air Monitoring Firms

Motive and Opportunity

Motive - $$$

Opportunity -

Work is primarily done in unoccupied buildings.

Entry into work area is restricted.

Work area is covered with polyethylene making it invisible from outside.

Very few inspectors to monitor many projects.

Uneducated workers may be taken advantage of.

Health effects take many years to become evident.

Common Types of Illegal Activity

No notification to State and/or Federal Agencies.

Untrained/Uncertified Workers.

Failure to Use Engineering Controls.

Dry removal.

Failure to Properly Transport and/or Dispose.

False Air Monitoring Reports.

False Inspection Reports.

False Analytical Results.

False Training Certificates.

ASBESTOS

Criminal Case Overviews


TALON ENVIRONMENTAL

Environmental consulting firm, asbestos abatement company

James Soyars, defendant

Stored asbestos waste in public storage units & stopped paying for the units

Abandoned ACM

Denver, CO

USEPA-CID ENVIRONMENTAL CRIMES

ARREST & SENTENCING

Indicted February 10, 2010 by federal grand jury

Arrested February 17, 2010 in Texas

Pleaded guilty October 27, 2010

2 counts failure to deposit ACM at a regulated waste disposal site

Sentenced February 8, 2011

6 months incarceration, 6 months home detention, $435,477 restitution

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UNNAMED ASBESTOS

ABATEMENT COMPANY

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Unlawful storage of ACM

Stored approximately 1500 degrading bags of ACM outside

“Minor spill” as per CDPHE

Commerce City, CO

Charged by CDPHE 2011

IMS SAFETY, INC. Environmental Consultant, Middletown,

NY

Provided “trained” Site Safety Representatives to provide safety oversight at NYC construction sites

Fraudulent OSHA and NYSDOL Asbestos training certificates provided to NYCDEP in order to secure $MM contracts

Conspiracy, mail fraud, wire fraud, false statements

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DEFENDANTS/SENTENCING

IMS President, Joseph Mazzurco: 3 years incarceration

IMS Vice-President John Meyer: 2 years incarceration

IMS Vice-President Christopher Rotante: 1 year incarceration

Joint restitution $1,117,765

Joint fine $1,035,000


SAF ENVIRONMENTAL President Saverio Todaro

Queens, NY

NYS & NYC Licensed Asbestos Inspector

NYS Licensed Asbestos Air Monitor

EPA Licensed Lead Investigator

For approx. 10 years, created thousands of fraudulent laboratory bulk asbestos sampling reports, asbestos air monitoring reports, and lead dust wipe sampling reports, in all 5 boroughs of NYC

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ARREST Arrested March 26, 2010 in Manhattan

Pleaded guilty to 11-count felony information, including false statements and mail fraud relating to fraudulent lab reports for asbestos air monitoring, asbestos inspections, and lead sample clearance testing, and TSCA violations and false statements relating to work practice standards for lead testing and lead reports of analysis


SENTENCING

Sentenced December 21, 2010 in Manhattan

63 months incarceration – “the maximum”

$304,395 forfeiture

$107, 194 restitution

$45,000 fine


Judge Kimba Wood:

“Only your disabled son’s need for your care and your own failing health keep me from giving you a much, much harsher sentence than the advisory sentencing guidelines suggest for your crime.”

“To reflect the seriousness of your crimes, your own callousness, to promote general deterrence and to provide adequate punishment…”

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Tara Donn

Special Agent

U.S. EPA Criminal Investigation Division

1595 Wynkoop Street

Denver, CO 80202

(303) 312-6938

[email protected]

epa's criminal investigation division

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