United States Environmental Protection Agency Washington DC 20460 350R86101 305 >cPA Office of Inspector General Report to Congress Fiscal 1986 Environmental Protection Agency. on V, Library 230 South Dearborn Stratf &&"' Chicago^ IWnolt 060$ " ------- The Inspector General Act of 1978 (P.L. 95-452) crea the Office of Inspector General to consolidate existin investigative and audit resources in independent organizations headed by Inspectors General The OIG's role is to review EPA's financial transac program, and administrative activities; investigate allegations or evidence of possible criminal and civil violations; and promote economic, efficient, and effe operations within the Agency. The EPA Inspector General reports directly to the Administrator and the Congress and has the authority Initiate and carry out independent and objective au and investigations, Issue subpoenas for evidence and information, Obtain access to any materials in the Agency, Report serious or flagrant problems to Congress, Select and appoint OIG employees, and Enter into contracts The Inspector General is appointed by, and can be removed only by, the President. This independence protects the OIG from interference and allows it to function as the Agency's fiscal and operational watch Office of Inspector General - Headquarters Inspector General John C Martin Deputy Inspector General Donald E Kirkendall Office of Audit Ernest E Bradley III Assistant Inspector General Kenneth A Konz Deputy Office of Management and Technical Assessment Anna M Virbick Assistant Inspector General Office of Investigatio John E Barden Assistant Inspector Ge Daniel S Sweeney Deputy I Operations Staff Steven A McNamara Director Technical Services Staff James 0 Rauch Director I Technical Assessment and Fraud Prevention Division John C Jones Director Administrative and Man- agement Services Division Edwin N Canady Divisional Inspectors General Headquarters Kenneth Hockman Internal Audit (FTS or 202) 382-4930 Regions 1 and 2 Paul McKechme Audit (FTS or 617) 223-0940 Robert M Byrnes Investigations (FTS or 212) 264-0399 Region 3 Paul R Gandolfo Audit (FTS or 215) 597-0497 William N Crane Investigations (FTS or 202) 382-4934 Regions 4, 6, 7, & 8 (Investigations) Kathyrn M Kuhl-lnclan Audit (FTS) 257-3623 (404) 347-3623 James F Johnson Investigations (FTS) 257-3623 (404) 347-3623 Region 5 Anthony C Carrollo Audit IFTS or 312) 353-2486 Deirdre M Tanaka Investigations (FTS or 312) 353-2507 Regions 8 (Audit), 9 & Truman R Beeler Audit (FTS) 454-7084 (415)974-7084 J Richard Wagner Investigations (FTS or 415) 454-8151 ------- Environmental Protection Agency Office of Inspector General Audit Operations Amount Total Fiscal 1986 Questioned Costs* - Total $1101 Million (expenditures which are not allowed) Set-Aside Costs* - Total $208.5 Million (expenditures which are insufficiently supported to determine their allowability) Sustained Costs for Recovery and Savings - $70 Million Federal Share (costs which EPA management agrees are ineligible and are committed to recover or offset against future payments) Cost Efficiencies or Deobligations $25 7 Million (funds made available by management's commitments to implement recommendations in OIG internal and management audits) Recoveries from Audit Resolutions of Current $25 5 Million and Prior Periods (cash collections or offsets to future grants) EPA Audits Performed by the OIG 155 EPA Audits Performed by Another Federal 1,420 Agency, State Auditors, or Independent Public Accountants and Attachment P Audits Audit Reports Resolved 1,617 (agreement by Agency officials to take satisfactory corrective action) Investigative Operations Fines and Recoveries $2 8 Million Investigations Opened 336 Investigations Closed 420 Indictments of Persons or Firms 41 Convictions of Persons or Firms 39 Administrative Actions Taken Against EPA 71 Employees Fraud Detection and Prevention Operations Debarments, Suspensions, Voluntary 144 Exclusions, and Settlement Agreements (actions to deny persons or firms from participating in EPA programs or operations because of misconduct or poor performance) Hotline Complaints Received 57 Hotline Complaints Processed and Closed 54 Proposed Legislative and Regulatory Items 189 Reviewed Personnel Security Investigations Ad|udicated 934 "Questioned and set-aside costs are subject to reduction pending further review in the audit resolution process **Information on recoveries from audit resolution is provided from the EPA Financial Management Division and is unaudited ------- Questioned and Set Aside Costs by Type of Audit K@:&:$:-1 Set-Aside Costs ^^^^^1 Questioned Costs Construction Other grants 81 contracts Superfund Examples of Significant Audits The following represents examples of some of our most significant types of findings. They should not be considered representative of the overall adequacy of EPA management. EPA Pays Excessive Amounts for Emergency Cleanups of Hazardous Wastes The urgent need for emergency hazardous waste cleanups led EPA to award multimillion dollar contracts for Emergency Response Cleanup Services (ERGS) with limited competition and without assurances that the negotiated rates were reasonable. As a result, EPA is paying excessive amounts for the emergency cleanups. ERCS contractors were paid an average markup of 40 percent over their labor costs and labor billed to EPA under the fixed rates ranged from 14 percent to 103 percent over the contractors' actual costs. Contractors billed labor at holiday and overtime premium rates, even though they frequently did not pay these higher rates to their employees. Equipment items were billed to EPA with markups over cost ranging from averages of 143 percent on monthly rates to 321 percent on hourly rates. Some items billed to EPA were marked up over 15,000 percent. EPA management in agreeing with most of our findings, has initiated improved contract provisions to stop the excessive payments, assure more competition in contracting and proper charging, and payment of wage rates. ------- Almost Half a Billion Dollars Wasted on Faulty Projects In Puerto Rico After hundreds of millions of Federal dollars were spent over 21 years, proscrastmation, poor internal controls and lax enforcement have prevented Puerto Rico's wastewater management programs from achieving an acceptable level of water pollution control. The Puerto Rico Aqueduct and Sewer Authority (PRASA) has estimated that an additional $800 million will be needed to complete priority construction projects, achieve full compliance with EPA regulatory requirements at all facilities, and eliminate all its current existing liabilities. PRASA lacked the managerial and technical capability required to achieve effective operations, maintenance, and compliance with regulatory provisions and EPA National Pollutant Discharge Elimination System (NPDES) permit. We recommend that Region 2 be held directly accountable for ensuring that PRASA's problems are corrected and be required to carefully monitor, track, and report on the progress and success of corrective actions. Responsible Headquarters officials should track overall regional accomplishments. If appropriate progress is not made, EPA should transfer responsibility for managing PRASA's programs to Headquarters and, if necessary, cut off additional financial support to PRASA until necessary improvements have been completed EPA is cautiously optimistic about progress in Puerto Rico but is ready to take stronger steps to assure compliance with the Clean Water Act if necessary. Chesapeake Bay Program Managed Haphazardly EPA could not demonstrate how various research efforts, valued at $10.5 million, contributed to the Bay cleanup. EPA did not follow its own regulations and procedures for monitoring grants and contracts awarded during fiscal years 1978 through 1984. More than 50 percent of the work products required by the grants and contracts reviewed were either not completed or could not be found In a number of instances, EPA was not aware that the work products were even missing From this, we have concluded that EPA's planning was deficient because the work products were evidently not needed However, if some or all of these work products were needed, then the technical aspects of the Bay program become suspect. Work products received months or years after the original completion dates appear to be of questionable value. In addition, project files were haphazardly maintained, incomplete, and destroyed without proper authority The project files did not contain justifications for funding increases totalling $2.8 million. Completed grants and contracts were not closed, nor was there evidence that numerous grant conditions were satisfied The Regional Administrator, Region 3, and his staff agreed with our recommendations to strengthen administrative and monitoring procedures. 3 ------- EPA Is Not Collecting Millions of Dollars Due from Polluters EPA was not always aggressively pursuing recovery of hazardous waste cleanup costs and failed to recover abou $88.8 million from responsible parties. The Comprehensivi Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) provides that parties responsible for the hazardous waste conditions should either perform the cleanup themselves or replenish the Trust Fund for costs to do so. Once the responsible party is identified, EPA must attempt to negotiate a settlement and pursue a recovery for the cost of the cleanup. As of September 30, 1985, EPA obligated $1.3 billion from the CERCLA Trust Fund while only recovering $14 million, a ratio of 1.1 percent Unless EPA becomes more aggressive in pursuing recoveries, its ability to replenish the Trust Fund and clean up hazardous waste sites will be severely limited. EPA has agreed with our recommendations and will revise its policies and procedures to make timely and definitive cost recoveries. The Asbestos in Schools Rule Needs Changes to Bette Protect Students and Employees EPA 1982 Asbestos in School Rule required that by May 1983, all local education agencies (1) inspect all school buildings for friable (easily crumbled) materials and (2) randomly sample and analyze all friable materials We found that EPA regional officials were not always emphasizing the importance of following recommended sampling techniques, limiting assurance that asbestos was being properly identified in schools We also identified several specific conditions not addressed by the current rule, for example, about 12 4 million students and faculty in colleges, universities, and government academies were not included in the current rule Also, periodic remspection of schools is not currently required although material containing asbestos and identified as not friable could become friable. Other high risk conditions were also not addressed by the rule In response to our findings, the Agency has initiated several actions to address weaknesses cited in our report including: holding a workshop to consider changes to the rule; issuing simplified instructions on sampling for friable material to the nation's 45,000 school districts; and conducting formal training for all inspectors EPA Regional Administrator Disallows Over $5.5 Million on Philadelphia Grant The City of Philadelphia claimed about $1.5 million of construction charges that it withheld from the contractor pending a settlement on financial damages involving soil and waste removal We referred for Agency review $7 3 million of costs that were not within the scope of the ------- project grant. An additional $1 7 million of costs were also referred for Agency review pending the submission of supporting documentation by the grantee We recommended that the Regional Administrator, Region 3, not participate in the Federal share of questioned costs; determine whether EPA should participate in the cost referred for review; and recover all aplicable amounts due EPA. The Regional Administrator, Region 3, sustained $5.53 million the costs questioned and referred for review Akron's $2.7 Million Insurance Recovery Also Claimed From EPA EPA gave the City of Akron, Ohio, a grant to modify its existing treatment plant and later amended the grant to fund the reconstruction of the sewer line that was destroyed by an explosion. The explosion,caused by vandals, destroyed about 6,600 linear feet of sewer causing sewage to run into the streets. Akron requested and received funding from EPA under a special provision to pay for the eligible portion of the sewer Akron also filed a claim with its insurance company to recover damages caused by the explosion Akron did not credit the $2 7 million insurance recovery to the EPA grant. We recommended that the Regional Administrator, Region 5, recover the $2 7 million Federal share of the insurance recovery The Regional Administrator, Region 5, sustained the full amount questioned of $2.76 million. ------- Audit Resolution EPA management continues to emphasize both timeliness and quality of audit resolution As a result of emphasizing the audit resolution process by both EPA and the Office o Inspector General, the level of overdue audits hit an all time low during the fiscal year decreasing from 20 at the end of fiscal 1985 to 18 on September 30, 1986 During fiscal 1986, EPA management closed 1617 audits and sustained $95 7 millions of questioned costs, including $7( million for cost recovery and $25 7 million in cost reductions. EPA also recovered $7.2 million in cash collections and $18.3 million in offsets against billings from resolution of audits from prior and current periods As a continuing effort to improve the audit resolution process, four special task force projects from last year's National Audit Resolution/Assistance Disputes Conference held in Atlanta have been completed Steps are underway to implement the recommendations of these task forcesall of which will further improve the quality of the Agency's audit resolution functions A special review disclosed that recoveries are substantially less than the Agency agreed to recover In addition, thorough analysis of this situation is prevented since the Agency Financial Management Division's tracking reports contain numerous inaccuracies and are ineffective to control this function. An example of errors include $75 £ of $186 8 million of sustained costs which should have been tracked on the reports but were not. Therefore, many millions of dollars of audit benefits were not identified as Agency accom- plishments The DIG recommended that the Comptroller provide instructions emphasizing the importance of accurate reporting Further, we recommended that reviews periodically evaluate these activities and procedures be implemented for controlling receivables and collections Corrective action has already been taken on several of these issues ------- Du; ng thi: .seal year, o^r -ivestigal ve <:florts resulted 80 nd otmem: 'nd cc'ivicticn : and $2 8 rril ion of fines an j 'ec~>ven?s ' om persons -y firms who c efrauded the age icy. IVo >1 ol these recovares invoked bid rigging and other fraud on competitive1 y awarded cuiuracts As of September !!0, 1986, a total of 36 indie ments and 24 corvictionb nave been obtained for bid 'igging n EPA Empi Selected Prpsecutive and Administrative Actions Conspiracy to Rig Election and Bids on Sewer Project Brian Ingber, Supervisor of the Town of Fallsburg, New York, Howard Ingber, Wayne Pirnos, Thomas Peck and Service Scaffold, Inc , Ingbers' family business were charged with conspiring to rig bids so that Service Scaffold, Inc , would have an advantage in winning an equipment supply contract on a $24 million sewer project The defendants allegedly manipulated the bidding process by conveying false information to competing bidders and concealing Brian Ingber's conflict of interest between his business and official position which included administering the sewer project The defendants were also charged with rigging Ingber's 1983 election as Supervisor by forging the signatures of registered voters on ballots and fraudulently obtaining signed absentee ballots Brian Ingber was convicted on January 16, 1986, of mail fraud for forging absentee ballots during his 1983 election. Brian Ingber was convicted again along with Wayne Pirnos on June 18, 1986, for false statements and Brian Ingber and Sevice Scaffold, Inc , were found guilty of mail fraud ------- Brian Ingber was sentenced to three consecutive one-year prison terms, fined $12,000 and held personally liable for any losses to the W.H.O Tn-Area Sewer Project caused by his illegal activity The other defendants were also given prison terms and fined. $750,000 Gained in Settlement From Fraudulent Sewer Contractor In a civil action, the United States obtained a settlement judgment for $750,000 from the Municipal Industrial Pipe Service (MIPS), and its family member owners. EPA has also received about $76,000 from related bankruptcy proceedings The civil action was based on prosecutive action against MIPS and its owners who pled guilty to defrauding the Government on sewer projects The 47-count indictment charged the owners with a 10-year scheme to defraud the Federal Government on $8 million worth of sewer maintenance projects by failing to perform tests and repairs that they were paid to perform while they distorted test results and fabricated progress reports Electrical Contractors Rig Bids on Chattanooga Project, Fined $900,000 Commonwealth Electric Company (CEC) and Fischbach and Moor, Inc. (FMI) were indicted on July 2, 1986, for unreasonable restraint of trade and commerce in violation of the Sherman Act The indictment charged that CEC and FMI agreed that CEC would be the low bidder on the EPA-funded Moccasin Bend Wastewater Treatment Plant project in Chattanooga, Tennessee, and in return for FMI's participation in the conspiracy, CEC would make a payoff to FMI out of the profits CEC expected to earn from the contract or CEC would submit a collusive, artifically-high, and rigged bid for FMI on a future project FMI was convicted and fined $500,000 and CEC pled nolo contendere and was fined $400,000 on September 29, 1988. EPA is seeking civil recoveries from FMI and CEC. Former EPA Purchasing Agent Prosecuted for Self-Dealing While working as a purchasing agent for the EPA in Pensacola, Florida, Richard Cosgrove participated in procurement of materials for EPA from Applied Science Distributors (ASD), a company he founded, operated and in which he had financial interest. Mr Cosgrove founded ASD in the name of his then 14 year old stepdaughter because "the Government looked more favorably on minority-owned businesses" and to disguise his involvement with the company ASD's profit from sales to EPA, its only customer, was almost $15,000 Mr. Cosgrove pled guilty on June 24, 1986, and received a suspended prison sentence, 5 years probation, and assessed $3,050 in fines and penalties He resigned from EPA when he learned of the investigation ------- Project Officials Embezzle Almost $65,000 of Grant Funds William H Yeary, a Bell County, Kentucky, official along with Elmer Cleveland, a former EPA project officer, pled guilty on July 17, 1986, to charges of embezzling grant funds and filing fraudulent travel vouchers totalling nearly $65,000. Shortly after being hired by Bell County to manage a $410,000 EPA grant, the county official terminated the bookkeeper, developed a close personal relationship with the EPA project officer responsible for monitoring the grant and used a facsimile device to forge his supervisor's signature on checks assuming complete control over all grant funds He substantially increased his salary and converted portions of cash travel advances to personal use. To keep the EPA project officer from "blowing-the-whistle" on the scheme, the county official used grant funds to pay for the project officer's meals, drinks, golf fees, and occasional motel rooms The EPA project officer filed fraudulent travel vouchers for reimbursement of these same expenses An EPA auditor worked with the FBI and independent third parties to uncover records proving the fraud. Mr Yeary and Mr. Cleveland were each sentenced to 3 years imprisonment on September 25, 1986 All but 60 days of Mr Cleveland's sentence was suspended, however, he was also fined $1,000 and ordered to perform community service while on probation Theft and Forgery of Government Checks Blair J. Lyons, former EPA employee, pled guilty on August 28, 1986 to the charge of forging endorsements on U S Treasury checks During the investigation, conducted jointly by the EPA OIG and the U S Secret Service, Lyons admitted stealing 19 checks worth over $8,000 from the EPA Financial Management Division He cashed and forged at least 14 of them before being apprehended Lyons was sentenced to five years probation and ordered to make restitution for $4480 ------- Suspension and Debarment Activities EPA's policy is to do business only with contractors, grantees, and persons who are responsible, honest, and who comply with applicable rules and regulations EPA enforces this policy by suspending or debarring any organization or person for acting improperly, having a history of substandard work, or willfully failing to perform on EPA or other Federally funded activities Suspensions and debarments deny participation in Agency programs and activities to those who represent a risk of abuse to the Government. In fiscal 1986, 144 debarment or suspension actions were taken. Examples follow: Suspension and Debarment Activity By Fiscal Year Fiscal 1985 Debarments Resulting from Bid Rigging The Howard P Foley Company, Inc., of Washington, D C , was debarred for 3 years on March 7, 1986. The company had been convicted of conspiring to fix prices and rig bids on construction projects in the States of Washington and Pennsylvania. Three Foley Company officers and employees also were debarred for 3 years following their convictions on bid rigging charges These officers and employees were Bancroft T. Foley, Joseph J Rodgers, and Herbert C. Geuther. In a different case, Frank P. Lench, branch manager of the Foley Company office in Martinez, California, also was debarred for 3 years on March 7, 1986. Mr. Lench had been convicted of obstructing justice during an investigation of the Foley Company by concealing and destroying documents which had been subpoenaed by a Federal grand jury Debarments Following False Claims on Oil Spill Cleanup Universal Engineering Company, Universal Engineering and Supply Company, Inc., and Universal Wheels, Inc , Sulfur, Louisiana, were debarred for 3 ya£rs on March 6, 1986. Edwin A. Bell, president of all three companies, and 10 ------- employees Bobby D. Bell and Tamar D. Dykes were also debarred for 3 years on March 6, 1986, after they were convicted of filing false claims for vehicle, labor, and material charges on the Campeche Bay oil spill cleanup contract with the U.S. Coast Guard. Maryland Attorney General Convicts, EPA Debars Bay Polluters American Recovery Company, Inc., of Baltimore, Maryland, and two of its employees were debarred for 3 years. The corporation and the employees had been convicted of receiving hazardous substances and dumping them into Chesapeake Bay. This case is part of a new EPA initiative to debar firms whose environmental crimes demonstrate that they are not responsible enough to perform on government projects. Personnel Security Program Increases Productivity and Timeliness of Integrity Reviews The personnel security program is one of the Agency's first line defenses against fraud, using background investigations to review the integrity of EPA employees and contractors. During fiscal 1986, 934 investigations were reviewed, a 51 percent increase over fiscal 1985, resulting in: the resignation of 3 employees and formal reprimands of 2 other employees with outstanding arrest information; formal reprimands of 3 employees for falsely claiming a college degree; the termination of a contractor's access to confidential information for failing to disclose a poor credit rating and large outstanding debts; and correction of applications by 14 employees for omitting information concerning convictions and/or involuntary terminations Employee Awareness A continuing priority of the Office of Inspector General is to make EPA employees, grantees, firms participating in EPA operations, and the public aware of their responsibility to prevent, detect, and report instances of fraud, waste, and abuse To provide this information and encourage participation in fulfilling the objectives of the OIG we have used a variety of media, including: Indicators of Fraud in EPA Procurement Booklet. In conjunction with the EPA Committee on Integrity and Management Improvement (CIMI), the OIG issued this publication which describes specific fraud schemes which can occur in EPA contracts along with their indicators for detection Employee Awareness Bulletins. Also in conjunction with the CIMI, the OIG issued two Awareness Bulletins to all EPA employees titled "EPA Suggestion Program-Dollars for Your Thoughts" in November 1985, and "Indicators of Fraud" in September 1986. 11 ------- Videotape on Bid Rigging The EPA Office of Water, The Antitrust Division of the Department of Justice and the OIG collaborated in the production of videotape on bid rigging The presentation designed for EPA program managers, State agency officials, and local project directors details the indicators of bid rigging schemes and how they can be recognized and detected Development of Fraud Detection and Awareness Course. The OIG has developed a course for independent public accountants who perform audits of EPA projects for the OIG, and, EPA and State project managers to increase their awareness of and ability to detect and refer indicators of fraud to the OIG Office of Investigations 12 ------- Hotline Activities The DIG Hotline Center received 57 new complaints and closed 54 cases during fiscal 1986 Of these, 17 resulted in environmental, administrative, or prosecutive action We also received 573 calls in which callers were referred to the appropriate program office, State agency, or other Federal agency for assistance. The following are examples of corrective action taken as a result of information provided to the hotline center As a result of a complaint, EPA and GSA investigators recovered office equipment and other related electronic parts stolen from EPA by an employee of an EPA contractor The subject was ordered to pay a fine of $1,000 and placed on 3 years probation A complainant alleged that a Texas company was causing extensive air pollution and was not in compliance with EPA air quality standards. As a result of an investigation by EPA and the Texas Air Control Board, the company agreed to implement control measures that reduced dust and paniculate emissions from the plant As the result of a complaint, $1,065 was recovered from an EPA employee who used frequent traveler airline credits for personal travel to Europe for himself and his wife. If you are aware of any fraud, waste, or mismanagement, please contact the EPA Inspector General Hotline or the appropriate Divisional Inspector General listed on the second panel of this brochure Information is confidential. Caller may be anonymous Call can be made from anywhere toll free 800-424-4000 202 (or 8 if FTS) 382-4977 Remember, Act Like Its Your MoneyIt Is 13 ------- ------- |