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June 18, 2019

Auto parts retailer AutoZone, Inc., has agreed to pay $11 million to the State of California and its political subdivisions to resolve charges that the company illegally disposed of hazardous waste by allowing its customers to deposit hazardous automotive fluids and other waste items into regular trash containers in AutoZone stores’ parking lots throughout California.  The company was also found to have improperly disposed confidential consumer information. CA

Tagged in: Environmental Fraud,

September 19, 2019

Following an earlier criminal plea, Hyundai Construction Equipment Americas Inc. and Hyundai Heavy Industries Co. Ltd have agreed to pay a $47 million civil penalty to resolve allegations that the company violated Title II of the Clean Air Act by marketing and selling heavy construction vehicles that did not comply with applicable emission standards.  Hyundai had stockpiled diesel engines that met outdated standards, including standards for nitrogen oxides (NOx) and particulate matter (PM), then illegally imported the non-compliant equipment to the U.S.  The EPA opened an investigation into Hyundai after receiving a whistleblower tip in 2015.  DOJ

Tagged in: Environmental Fraud,

September 12, 2019

Performance Diesel Inc. will pay a civil penalty of $1.1 million and terminate its sale of aftermarket products meant to defeat the emissions control systems of heavy-duty diesel engines.  The settlement with DOJ and the EPA resolves allegations that the company violated the Clean Air Act in manufacturing, selling, and installing illegal defeat devices. DOJ

Tagged in: Environmental Fraud,

September 5, 2019

Italian shipping company d'Amico Shipping Italia S.p.A. will pay $4 million following a guilty plea on charges that violated the Act to Prevent Pollution from Ships by deliberately concealing that crew on its oil tanker the M/T Cielo di Milano intentionally bypassed pollution prevention equipment and discharged bilge water and oily waste from the vessel’s engine room through its sewage system into the sea while the ship was in U.S. waters.  The defendant falsified the vessel's Oil Record Book, made false statements to the Coast Guard during inspection, and destroyed the vessel's sounding log.  USAO NJ

Tagged in: Environmental Fraud, Ocean Dumping,

August 15, 2019

ManTech Advanced Systems International, Inc., a subcontractor on a project with the Environmental Protection Agency, will pay $750,000 to resolve allegations that a project manager required to have top secret clearance had his clearance revoked during the term of the contract.  In addition, when the contract was extended, ManTech again represented that the project manager had top secret clearance.  Despite the revoked clearance, ManTech billed the EPA over $325,000 for the individual's services.  USAO ED VA.

Tagged in: Contract Non-Compliance, Environmental Fraud, FCA Federal, Government Procurement Fraud,

June 3, 2019

Princess Cruise Lines Ltd. and its parent company Carnival Cruise Lines & plc will pay a $20 million criminal penalty for violating its probation resulting from a 2017 criminal proceeding in which the companies paid a $40 million penalty.  The companies were subject to ongoing compliance monitoring as a result of the earlier proceeding, and that monitoring detected numerous ongoing violations.  Defendants admitted to failing to implement an effective compliance program, seeking to evade their compliance obligations, falsifying records, and illegally discharging waste.  DOJ

Tagged in: Criminal Proceedings, Environmental Fraud, Ocean Dumping,

May 7, 2019

The owners of a Colorado biomass power plant agreed to pay $2.6 million to settle allegations concerning fraud impacting the U.S. Treasury’s “1603 Program,” which reimburses companies up to 30%, in lieu of tax credits, for placing renewable energy properties into service. The company at the center of the fraud, Eagle Valley Clean Energy, allegedly applied for and received a 30% advance on a fee it was to pay co-defendant Evergreen Clean Energy, LLC for unspecified development services. Eagle Valley wrote off the fee but failed to return the advance to the U.S. Treasury. As part of the settlement, Eagle Valley paid $2.4 million, and the two owners of Eagle Valley, Evergreen, and parent company Evergreen Clean Energy Corporation—Dean Rostrom and Kendric Wait—paid $125,000 each. USAO CO

Tagged in: Environmental Fraud, FCA Federal, Government Loan Programs, Tax Fraud,

May 1, 2019

A Pennsylvania man has been convicted of defrauding the EPA and IRS of $50 million over the course of five years.  Together with his co-defendant, Ralph Tomasso, David Dunham Jr. used their companies to illegally profit from the EPA’s Renewable Fuel Standard (RFS) Program by fraudulently applying for, receiving, and selling credits to renewable biofuels that they didn’t actually sell or never actually possessed. Now, the government is seeking forfeiture of $1.7 million in fraudulently obtained revenue.  DOJ (August 6, 2020 sentencing)

Tagged in: Criminal Proceedings, Environmental Fraud, Tax Credit and Deduction Fraud, Tax Fraud,

May 1, 2019

B. Charles Rogers Gas Ltd., a gas marketing company operating in New Mexico, together with its principals and an associated individual, have entered into a settlement agreement with the U.S. admitting that they made and used false records that under-reported the volume and value of natural gas they purchased from producers who had federal gas leases. This fraudulent conduct caused the producers to underpay royalties owed to the U.S. for gas extracted from those leases.  Defendants will pay $4.375 million.  DOJ

Tagged in: Environmental Fraud, FCA Federal,

April 15, 2019

Defense contractor Lawrence Aviation Industries, Inc. and its owner and CEO, Gerald Cohen, have been found liable for $48 million in costs incurred by the Environmental Protection Agency to remediate groundwater contamination caused by defendants' unlawful discharge of a number of hazardous substances at LAI's facility in Port Jefferson, New York.  Civil penalties of $750,000 were also imposed against both LAI and Cohen.  USAO EDNY

Tagged in: Environmental Fraud,

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