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Objectives for our discussion

The Empire Strikes Back: How to Prepare & Respond to Environmental Criminal Investigations Andre Belanger Attorney at Law Beau James Brock Attorney at Law. Objectives for our discussion. Criminal Investigation Division organizational awareness.

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Objectives for our discussion

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  1. The Empire Strikes Back:How to Prepare & Respond to Environmental Criminal InvestigationsAndre BelangerAttorney at LawBeau James BrockAttorney at Law

  2. Objectives for our discussion Criminal Investigation Division organizational awareness. How & why environmental criminal investigations are initiated and conducted. Legal Issues

  3. EPA-CID & LDEQ-CID EPA-CID - 11 Area Offices. Dallas Area Office. SAC and RAC authorities. Answer directly through chain to Washington, D.C. LDEQ-CID located in Baton Rouge Office of the Secretary

  4. A Bad Day for the Environmental Manager 1. Does everyone know why the environmental manager is referred to as the corporate DF? 2. The internal conflict between production and environmental. 3. Smart executives should structure corporate management to assure environmental considerations are part of production decisions. -- straw man or actual authority?

  5. Environmental Harm Actual Harm. Threat of Significant Harm. Failure to Report an actual discharge. Violation represents a trend in industry.

  6. Culpable Conduct Deliberate misconduct resulting in violation Concealment of misconduct or falsification of records Tampering with monitoring or control equipment Business operating without a permit or required documentation. History of Repeated Violations.

  7. Criminal Investigative Process Victims & Disgruntled employee. Information resources on corporation. The processes at the facility. Regulatory interpretation. Multi-agency, multi-discipline cooperation. Investigative discretion. Working with the Prosecutor. HEALTH & SAFETY CONCERNS.

  8. Operational Activities • Interviews – no Miranda • Search Warrants • Body Wires • Consensual Phone Monitors • Confidential Informants • Surveillance techniques – Active and Passive

  9. Search Warrants and Grand Jury Practice • Plan in place • A response team • Criminal lawyers in place of Civil lawyers • The Dreaded Subpoena • Meeting the Prosecutor and Understanding their position – Seeking the “declination” (indirectly)

  10. Legal Issues Hanousek RCRA disposal Greenhouse gases & other EPA guidance Size Matters!

  11. Crimes and Misdemeanors Lyin’ cheatin’ stealin’ Knowingly doesn’t ordinarily require “regulatory knowledge.” Money Do you want to stay OUT OF JAIL?

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