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October/November 2013 ENVIRONMENTAL CRIMES SECTION MONTHLY BULLETIN October/November 2013 Photo of a Mountain Lion in a Tree. See United States versus Loncarich et al., below, for more details. ECS Monthly Bulletin October/November 2013 EDITOR’S NOTES: *NOTE: DUE TO THE GOVERNMENT SHUTDOWN WE HAVE COMBINED THE OCTOBER AND NOVEMBER ISSUES OF THE BULLETIN INTO THIS SINGLE EDITION. 2 ECS Monthly Bulletin October/November 2013 ANNOUNCEMENT: On September 11, 2013, at the National Advocacy Center in Columbia, South Carolina, Herbert G. Johnson was awarded the first Raymond W. Mushal Award for Outstanding Contribution to Federal Criminal Law Enforcement. The award was established to honor our friend Ray, a former Senior Counsel with the Environmental Crimes Section who served a distinguished 42-year tenure with the Federal Government, and nearly 30 years with the Department of Justice, playing a vital role in the development of the nationwide environmental crimes program. Herb retired from the Department in 2002, but has remained on as a Department of Justice contractor for the Environmental Crimes Section. Herb has a Bachelors in Mechanical Engineering (Nuclear Power) from Massachusetts Institute of Technology and a Juris Doctor from Harvard Law School. After a brief time in private practice, Herb began a 40-year public service career starting with the City of New York, going on to a stint as an Assistant United States Attorney in the Eastern District of New York, then on to environmental work for the State of New York. Herb then spent several years working in the United States Environmental Protection Agency’s criminal program, subsequently moving to the National Association of Attorneys General, where he focused upon environmental criminal enforcement. Herb joined the Environmental Crimes Section in 1991. After a few years in the District of Columbia, Herb moved to California, where he finished his full time career as a Special Assistant United States Attorney in San Francisco. In 2002, Herb began work for the Environmental Crimes Section as a contractor. Almost every prosecutor who pursues a federal water pollution case uses words that Herb helped craft. Anyone who uses the Environmental Crimes Manual benefits from something that Herb has contributed. Those who have made use of the Environmental Crimes Bulletin or the case summaries that are periodically circulated have profited from Herb’s work. Herb also would drop everything to dredge up some arcane scrap of caselaw to help prosecutors with thorny issues. However, the most tangible and visible monument to Herb’s labors is "Herblaw," an extraordinary compendium of case law on environmental law that is now institutionalized as a volume of the Environmental Crimes Manual. Herb created this resource on his own initiative simply because he knew we needed it. Herb Johnson has been a public servant in the purest sense, a person who has given all of us a reason to have pride in that title. He has worked for the public good, and made enormous contributions to this specialty, working steadily, tirelessly, and selflessly to build a legal foundation for this program. In a profession notorious for its egos, Herb has shunned the plaudits merited by his achievements. He is truly one of a kind. 3 ECS Monthly Bulletin October/November 2013 If you have significant updates and/or interesting photographs from a case, please email them to [REDACTED]. If you have information concerning state or local cases, please send it directly to the Regional Environmental Enforcement Associations' website. REMINDER: We are now producing a separate public version of the Environmental Crimes Section Monthly Bulletin. When submitting details about your case developments please bear in mind that the information you provide could be disclosed to the public. As such, it would be very helpful if you would include a press release whenever possible to help ensure that the facts we are using are publically available. If a press release was not issued, then please only provide facts that are appropriate to disclose to the public. NOTICE: The United States Fish and Wildlife Service and ECS have collaborated with West Services on the publication of an updated book of federal fish and wildlife statutes. To obtain a free copy please contact Elizabeth Janes. The Environmental Crimes Section webpage is available to those who have access to United States Department of Justice operated sites. 4 ECS Monthly Bulletin October/November 2013 AT A GLANCE: DISTRICT CASES CASE TYPE/ STATUTES United States versus Jessie Arnariak District of Alaska Walrus Hunting/ Lacey Act, Firearms et al. United States versus Andie Loncarich District of Colorado Illegal Hunting/Lacey Act et al. United States versus Toby Lamm Seafood Import/Lacey Act United States versus Key Marine, Inc. Southern District of Marine Wildlife Sales/Conspiracy et al. Florida. Marine Wildlife Sales/ Obstruction, United States versus Peter C. Covino Lacey Act, Conspiracy et al. Pesticide Misapplication/FIFRA, Middle District of United States versus Bio-Tech Conspiracy, Falsification of Records, Georgia Management, Inc. et al. Mail Fraud Northern District of United States versus Seretha Franklin Vehicle Emissions Testing/ CAA, Georgia et al. Conspiracy Central District of United States versus Edna Stoner Pipeline Testing/ False Statement Illinois Biodiesel Fuel Fraud/ Conspiracy, United States versus E-Biofuels et al. CAA, False Statement, Money Southern District of Laundering, Wire Fraud, Tax Indiana United States versus Eric Barnes Pipeline Testing/False Statement United States versus Marlin Butler et Hunting and Guiding/Lacey Act, District of Kansas al. Conspiracy, Obstruction Eastern District of United States versus Halliburton Oil Spill/ Evidence Destruction Louisiana. Energy Services, Inc. 5 ECS Monthly Bulletin October/November 2013 DISTRICT CASES CASE TYPE/ STATUTES District of United States versus Michael D. Striped Bass Investigation/ Witness Maryland Hayden, Jr. Tampering, Retaliation District of United States versus Brent R. Feickert Metal Plating Facility/False Statement Minnesota Eastern District of United States versus Michael Slattery, Rhino Horn Smuggling/ Lacey Act New York Jr. Mercury Dispersal/Use of Chemical Weapon, Consumer Product United States versus Martin S. Kimber Tampering Northern District of New York United States versus Mark Desnoyers Asbestos Abatements/ Conspiracy, Mail Fraud, False Statement, CAA United States versus Chris Coseglia et Demolition/ Accessory After the Fact, al. CAA, Conspiracy, False Statement Western District of New York United States versus Maracle Chemical Manufacturer/ CWA Industrial Finishing et al. Eastern District of United States versus Freedman CAFO/CWA North Carolina Farms, Inc. et al. Western District of United States versus Jose Cabrera North Carolina Vehicle Emissions Tests/CAA, Conspiracy Northern District of United States versus Kennedy Mint, Fish Kill/CWA, Obstruction Ohio Inc. et al. Northern District of United States versus Robbie D. Tubbs Paddlefish Eggs/Lacey Act Oklahoma 6 ECS Monthly Bulletin October/November 2013 United States versus John McCall et al. Alligator Killing/Lacey Act Eastern District of United States versus Stephen Texas Anderson Sipes, Jr. Deer Transportation/Lacey Act United States versus Matthew Chemical Manufacturer/ OSHA, RCRA, Bowman et al. HMTL, DOT, False Statement United States versus Kassian Maritime Vessel/APPS, False Statements, Navigation Agency, Ltd. et al. Obstruction Eastern District of Virginia United States versus Nolan Agner et Striped Bass Fishing/ Lacey Act al. Western District of United States versus Edward K. Durst Asbestos Removal/CAA Virginia 7 ECS Monthly Bulletin October/November 2013 Additional Quick Links: Trials p. 8 Informations/Indictments pp. 9 - 11 Plea Agreements pp. 11 - 14 Sentencings pp. 12 – 26 Trials United States versus Kassian Maritime Navigation Agency, Ltd. et al., No. 2:13-CR-00070 (E.D. Va.), ECS Trial Attorneys Ken Nelson and Stephen DaPonte, and ECS Paralegal Jessica Pannett. M/V Antonis G. Pappadakis On September 13, 2013, a jury convicted chief engineer Lambros Katsipis on seven of eight counts, including APPS, false statements, and obstruction of justice violations (18 U.S.C. §§ 1505, 1519; 33 U.S.C. § 1908), but acquitted ship operator Kassian Maritime Navigation Agency, Ltd. and ship owner Angelex Ltd. This case stemmed from illegal overboard discharges of bilge waste from the M/V Antonis G. Pappadakis that had bypassed pollution prevention equipment and that were not recorded in the ship’s oil record book (ORB). The falsified ORB was presented to Coast Guard inspectors during three separate boardings between July 2012 and April 2013. Evidence at trial proved that Katsipis obstructed justice by instructing crew members not to speak to Coast Guard personnel during the April 2013 boarding. The case also resulted in a favorable opinion (Angelex Ltd. versus U.S., 723 F.3d 500) upholding the Coast Guard’s authority to detain a ship and require a surety bond with conditions it deems appropriate before the ship can be released. This case was investigated by the U.S. Coast Guard and the U.S. EPA Criminal Investigation Division. 8 ECS Monthly Bulletin October/November 2013 Back to Top Informations/Indictments United States versus Micheal Slattery, Jr., No. 2:13-mj-00799 (E.D.N.Y.), ECS Trial Attorney Gary Donner and AUSA Julia Nestor. On September 18, 2013, Micheal Slattery, Jr., was detained on a complaint charging him with Lacey Act false labeling violations (16 U.S.C. §§ 3372(d)(2); 3373(d)(3)(A)) in connection with his alleged role in an international rhinoceros horn smuggling ring. The arrest is a result of “Operation Crash,” a nation-wide effort led by the U.S. Fish and Wildlife Service and the Justice Department to investigate and prosecute those involved in the black market trade of endangered rhinoceros horns. In 2010, a complaint alleged that Slattery traveled from England to Texas to acquire black rhinoceros horns. The defendant and others purportedly used a day laborer with a Texas driver’s license as a straw buyer to purchase two horns from an auction house in Austin.
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