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U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin/March 2019 – April 2019

June 12, 2019

By: Walter G. Wright

Category: Arkansas Environmental, Energy, and Water Law

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The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity and adjudicated cases supported by EPA Criminal Investigation Division special agents, forensic specialists, and legal support staff.

A copy of the March 2019 – April 2019 edition has been published.

The current Bulletin lists the follow matters:

Region

Defendants

Alleged Violation

Case Type/Status

1

Rezart Rakaj, Kilton Rakaj

Asbestos

Sentencing/Each sentenced to one year probation, a fine of $9,500, and 50 hours of community service court for alleged offenses related to the illegal and dangerous removal of asbestos at a New Haven property they were renovating in 2015

3

Timothy Peer

Wastewater

Plea Agreement/Admitted to violating permits and discharging untreated sewage from his sewage treatment plant into the North Branch of the Potomac River

3

Ben T. Wooton, Race A. Miner, Keystone Biofuels

False Statements/Biofuels

Trial/Found guilty of one count of conspiracy to make to make false statements to the Environmental Protection Agency (EPA), six counts of making false statements to the EPA, one count of conspiracy to defraud the Internal Revenue Service (IRS), and one count of aiding and assisting in the filing of a false claim with the IRS. The jury also found the corporation, Keystone Biofuels Inc. (Keystone), guilty of conspiring to make false statements to the EPA and six counts of making false statements to the EPA.

5

Brian Brundage

Electronic Waste

Sentencing/Sentenced on April 12, 2019 to three years in federal prison for allegedly illegally landfilling potentially hazardous electronic waste as part of a scheme to re-sell the materials and avoid paying income taxes.

5

Luminaire Environmental Technologies, John D. Miller, Joseph Miller

Waste Disposal

Sentencing/Sentenced for an alleged $1 million fraud scheme involving the improper disposal of toxic waste. Luminaire and John Miller were sentenced on March 22, 2019 and Joseph Miller was sentenced on March 5, 2019.

7

Terry L. Zintel

False Statements

Sentencing/Sentenced in federal court on April 18, 2019 to 1 year and 1 day in prison for three counts of allegedly falsifying claims. Zintel was also ordered to pay restitution in the amount of $531,947.75.

9

Diamond (3 Companies), Arie Eric DeJong III, Warren Van Dam, Jorge Leyva Rodriguez

Clean Air Act Title II

Indictment/Charged three San Marcos companies, two managers and a technician with various alleged felonies related to tampering with emission control devices on heavy-duty diesel trucks.

10

Craig Lorch, Jeff Zirkle, (Total Reclaim)

Wire Fraud

Sentencing/Sentenced on April 23, 2019, in U.S. District Court in Seattle to 28 months in prison and three years of supervised release for alleged conspiracy to commit wire fraud.

A copy of the Bulletin can be found here.

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