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U. S. EPA Office of Criminal Enforcement, Forensics and Training

U. S. EPA Office of Criminal Enforcement, Forensics and Training. Criminal Enforcement in EPA Region 4. Maureen K. O’Mara, Special Agent in Charge Ivan Vikin, Assistant Special Agent in Charge U. S. EPA, Criminal Investigation Division 61 Forsyth St., Suite 16T90 Atlanta, GA 30303

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U. S. EPA Office of Criminal Enforcement, Forensics and Training

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  1. U. S. EPAOffice of Criminal Enforcement, Forensics and Training Criminal Enforcement in EPA Region 4 Maureen K. O’Mara, Special Agent in Charge Ivan Vikin, Assistant Special Agent in Charge U. S. EPA, Criminal Investigation Division 61 Forsyth St., Suite 16T90 Atlanta, GA 30303 Phone 404-562-9795

  2. Purpose of Presentation • OCEFT/CID structure/resources in EPA Region 4 • Statutes • Criminal vs. Civil • Case Studies

  3. EPA-CID Mission and Authority • The investigation of the most egregious environmental violations impacting human health and the environment • Title 18 USC 3063 authorized EPA CID Special Agents to enforce all laws of the United States, execute warrants and effect arrest of violators

  4. OCEFT • Office of Criminal Enforcement Forensics and Training • Criminal Investigation Division • National Enforcement Investigations Center • Legal Counsel Division • Homeland Security • National Criminal Evidence Recovery Teams (NCERT)

  5. CID Atlanta Area Office • 24 Special Agents in Region 4 • Sworn Federal law enforcement • 140 cases open in Region 4 • CID offices in 6 of 8 Region 4 states

  6. U. S. EPA – Core Programs Drinking Water Hazardous Waste Surface Water Air Pollution

  7. Air Criminal Violations • Making false statements, omitting information, altering, concealing, or failing to file or maintain required records • Operating a stationary source in violation of Title V operating permit • Violations of asbestos work practice standards (involving renovation, demolition, disposal)

  8. Air Criminal Violations • Violations of other NESHAPs (National Emissions Standards for Hazardous Air Pollutants, eg benzene) • Violation of Title VI (Stratospheric Ozone Protection) – knowingly venting refrigerants • Violations of State Implementation Plans (more than 30 days after NOV)

  9. Air Criminal Violations • Violations of Preconstruction Permit Requirements • Operating a New Source in Violation of Performance Standards • Endangerment – placing someone in imminent danger of death or serious bodily injury by releasing a hazardous air pollutant

  10. Penalties • Most are 5 year felonies • 2 years for false statements • Negligent endangerment – 1 year • Knowing endangerment – 15 years

  11. Investigations Prosecutions Leads Case Pipeline • 200 leads opened this fiscal year • 51 criminal investigations opened this fiscal year • Historically about 20% of our open leads become cases

  12. Investigative Results • 67% of our cases with search warrants result in criminal charges being filed • Of those, 94% are convicted • 70% individual defendants • 30% Corporate defendants • Overall 95% of charged cases end with a judicial result

  13. What makes a case Criminal? • Concealment or deception • Lying, cheating and stealing • Conduct • Flagrant or repetitive • Harm • Actual or threat

  14. High Impact Cases • No single definition • Significant human health and/or environmental impact • Contribution to deterrence

  15. Case Study • Heraeus Metal Processing - EDTN • Falsified baghouse pressure and scrubber logs required under permits • Company and manager pled guilty to making false statements • Heraeus Metal paid $350K fine, 18 months probation • Brent Anderson received one year probation and 50 hours community service

  16. Case Study • BP/Amoco – Texas City, TX • 3/23/05 – Catastrophic explosion killing 15 contractors • Knowing violation of the accident prevention requirements under Section 112 of the CAA • Pled guilty to felony charge • Sentenced to pay $50 million fine and 3 years probation

  17. Case Study • Tyler Pipe – Tyler, TX • ’98-’99 – Demolished and reconstructed foundry cupola • PM increased from 39.64 tpy to 197.45 tpy • Company claimed “routine maintenance” • 2005 – Pled guilty to knowing violation of preconstruction requirements and 18 USC 1001 • Fined $4.5M, 5 years probation and $12M upgrades

  18. Maureen K. O’Mara Special Agent in Charge U. S. EPA Criminal Investigation Division 61 Forsyth St., Suite 16T90 Atlanta, GA 30303 Phone: 404-562-9809 Ivan Vikin Assistant Special Agent in Charge Phone: 404-562-9815

  19. QUESTIONS ?

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