Archive

February 6, 2018

Andre Bernard of Mount Kisco, NY was sentenced to 87 months in federal prison for conspiracy to commit wire fraud, making false statements related to the Clean Air Act, and his participation in a multi-state scheme to defraud biodiesel buyers and U.S. taxpayers by fraudulently selling biodiesel credits and fraudulently claiming tax credits. As part of his sentence, the court also entered a money judgment in the amount of $10.5 million, the amount of proceeds of the charged criminal conduct that the defendant personally received. Two accounts already seized from the defendant worth in excess of $1.5 million will be credited against the money judgment. DOJ

December 20, 2017

ArcelorMittal Monessen LLC agreed to pay a $1.5 million penalty to settle charges of violating the Clean Air Act violations at its coke (purified coal) plant in Monessen, Pennsylvania. The company also agreed to implement an estimated $2 million in air pollution controls to limit particulate and sulfur compound emissions. DOJ

December 19, 2017

Houston-based Citation Oil & Gas Corp. and its affiliates Citation 2002 Investment Limited Partnership and Citation 2004 Investment Limited Partnership agreed to pay $2.25 million to resolve allegations under the False Claims Act that they underpaid royalties owed on natural gas produced from federal lands in Wyoming. DOJ

December 12, 2017

Tecumseh Products Co., Thomas Industries, Inc., and Wisconsin Public Service Corp. agreed to pay more than $4.5 million to resolve claims for natural resource damages at the Sheboygan River & Harbor Superfund Site brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund Law. DOJ

October 10, 2017

Sage Tee LLC, a subcontractor at the Department of Energy's Hanford Site, and its owner Laura Shikashio, agreed to pay $235,000 to settle charges they violated the False Claims Act in connection with improperly receiving two small business subcontracts at DOE's Hanford nuclear site.  The allegations originated in a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act.  The whistleblower will receive an award from the proceeds of the government's recovery. DOJ (EDWA)

September 27, 2017

Tyson Poultry Inc., the nation's largest chicken producer, pleaded guilty to two criminal charges of violating the Clean Water Act stemming from discharges at its slaughter and processing facility in Monett, Missouri.  The charges arose out of a spill after the company mixed ingredients in its chicken feed at its feed mill in Aurora, Missouri. DOJ

September 18, 2017

Utah-based Young Living Essential Oils pleaded guilty to federal misdemeanor charges regarding its illegal trafficking of rosewood oil and spikenard oil in violation of the Lacey Act and the Endangered Species Act.  The Company was sentenced to a fine of $500,000, $135,000 in restitution, a community service payment of $125,000 for the conservation of protected species of plants used in essential oils, and a term of five years’ probation. DOJ

November 22nd, 2017

California announced a settlement with DIRECTV to resolve allegations that its California facilities unlawfully disposed of large volumes of hazardous waste – including hazardous batteries, electronic devices, and aerosols – and committed additional violations stemming from the mismanagement of such items. These acts constitute violations of California’s Hazardous Waste Control Law, and of California’s Unfair Competition Law, as such conduct gives DIRECTV a competitive advantage over other regulated entities that are complying with the law. On November 21, 2017, by stipulation of the parties, the Alameda County Superior Court entered a final judgment incorporating the terms of the settlement. As part of the settlement, DIRECTV will be required to pay more than $8.9 million for civil penalties, costs, and projects furthering environmental protection; will be bound by a permanent injunction prohibiting similar future violations of law; and will have to spend more than $580 thousand over the next five years to enhance environmental compliance at its California facilities. CA

June 29, 2017

XIK, LLC, Honeywell International, Inc., and Domtar, Inc. agreed to pay $8.2 million to resolve a claim for natural resource damages at the St. Louis River/Interlake/Duluth Tar Superfund Site brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund Law.  The polluted site consists of 255 acres of land and river embayments located primarily in Duluth, Minnesota, and extends into the St. Louis River, including Stryker Bay.  DOJ

August 2, 2017

Andre Bernard, of Mount Kisco, New York, pleaded guilty for his participation in a multi-state scheme to defraud biodiesel buyers and U.S. taxpayers by fraudulently selling biodiesel credits and fraudulently claiming tax credits. According to his plea, Bernard conspired with Thomas Davanzo, of Estero, Florida, Robert Fedyna, of Naples, Florida, and Scott Johnson of Pasco, Washington in a scheme to defraud biodiesel credit (known as "RIN" credits) buyers and U.S. taxpayers. The conspiracy involved having Gen-X Energy Group (Gen-X), headquartered in Pasco, Washington, and its subsidiary, Southern Resources and Commodities (SRC), located in Dublin, Georgia, generate fraudulent RINs and tax credits multiple times on the same material. Bernard and his co-conspirators operated several shell companies that claimed to purchase and sell the renewable fuel. The co-conspirators received at least $42 million from the sale of these fraudulent RINs to third parties. In addition, Gen-X received approximately $4,360,724.50 in false tax credits for this fuel. DOJ