Defendant Summary
Sentencing
Plea Agreements
Indictments/
informations
Environmental Crimes
Case Bulletin
U.S. Environmental Protection Agency
Office of Criminal Enforcement, Forensics and Training
This bulletin summarizes publicized investigative activity and adjudicated cases
conducted by OCEFT Criminal Investigation Division special agents, forensic specialists,
and legal support staff. To subscribe to this monthly bulletin you may sign up for
email alerts on our publications page.
April-May, 2017
In This Edition:
• Sean P. Doctor, Raj Chopra, Comprehensive Employee
Management — Region 2
• Ben Wootton, Keystone Biofuels, Inc—Region 3
• Parts Cleaning Technology of North Carolina, David Russ, Timothy
Michael Connelly, Vincent Edward Peters, Sr — Region 4
• Mahant Singh — Region 4
• Malek Jaial, William Letona — Region 5
• Jason A. Halek — Region 8
• Brian Dale Fleming, BF Products (Fleming Recycling) —
• Willmax Capital Management Inc., John Tom Williams
• Douglas Brian Edwards — Region 9
• Mark Bowers (Emerald Sea) — Region 10
Region 7
— Region 8
United States
*Environmental Protection
Im I Agency
EPA Pub. 310-N-15-007
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Defendant Summary
Region
Defendants
Case Type/Status
Region 2
Sean P. Doctor, Rai Chopra, Comprehensive Em-
ployee Management
Plea Agreement
Region 3
Ben Wootton,
Kevstone Biofuels. Inc.
Indictment
Region 4
Parts Cleaning Technology of North Carolina.
David Russ, Timothv Michael Connelly.
Vincent Edward Peters, Sr.
Indictment
Region 4
Mahant Singh
Plea Agreement
Region 5
MalekJalal, William Letona
Sentencing
Region 7
Brian Dale Fleming. BF Products (AKA Fleming Re-
cycling)
Indictment
Region 8
Jason A. Halek
Plea Agreement
Region 8
Willmax Capital Management Inc.,
John Tom Williams
Sentencing
Region 9
Douglas Brian Edwards
Plea Agreement
Region 10
Mark Bowers (Emerald Sea)
Plea Agreement
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EPA Bulletin—Apr-May 2017
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Sentencings
New Jersey Feedstock Processor Sentenced to Five Years in Prison for Conspiracy to Commit
Biofuel Fraud — Employee Sentenced for Destroying Documents
The owner of a New Jersey feedstock collector and processor was sentenced on April 7, 2017 for his role in a
scheme that generated over $7 million in fraudulent tax credits and renewable fuels credits (RIN credits) con-
nected to the purported production of biodiesel fuel, as well as his subsequent attempts to obstruct a Grand
Jury investigation into the fraud.
Malek Jalal, 52, was sentenced to 60 months in prison to be followed by three years of supervised re-
lease. He was also sentenced to pay $1,017,087 in restitution, and a $12,500 fine.
Acting Assistant Attorney General Jeffrey H. Wood for the Department of Justice's Environment and Natural
Resources Division, U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio, Acting Special
Agent in Charge Frank S. Turner II for the Internal Revenue Service Criminal Investigation, and Acting Special
Agent in Charge John Gauthier of EPA's Criminal Enforcement Program in Ohio announced the sentence
handed down today by Senior U.S. District Court Judge James L. Graham.
The RFS program is a national policy, authorized under the Energy Policy Act of 2005 and expanded under the
Energy Independence and Security Act of 2007, which requires a certain volume of renewable fuel to be pro-
duced to replace or reduce the quantity of petroleum-based trans-
portation fuel, heating oil or jet fuel. Tax credits incentivize busi-
nesses to produce renewable fuel like biodiesel.
According to his plea, Jalal, who owned Unity Fuels of Newark, New
Jersey, engaged in a scheme with other co-conspirators to fraudu-
lently claim tax credits and RIN credits multiple times on the same
fuel. Jalal did this by buying fuel from a New York-based company,
blending it with other materials, and selling it back to the same New
York-based company.
Jalal also admitted to obstruction of justice. According to his plea,
Jalal knowingly modified and destroyed records after receiving a
Grand Jury subpoena from the Southern District of Ohio. Jalal also
directed an employee of Unity Fuels to fabricate false records that
were provided to the Grand Jury in an attempt to hide the fraud
scheme.
On May 12, 2017 William Letona was sentenced to six months' community confinement, followed by six
months' home detention, and three years' supervised release. He also will perform 100 hours of community
service. Letona previously pleaded guilty to conspiring to obstruct a grand jury investigation. In June 2014,
after Jalal was served a subpoena duces tecum— a subpoena to produce pertinent documents, Letona helped
Jalal destroy documents.
"Unlawful acts like those at issue in this case defraud the U.S. Government, harm American taxpayers and
consumers, and undermine energy and environmental laws enacted by Congress," said Acting Assistant
Jalal, who owned
Unity Fuels of
Newark, New Jersey,
engaged in a scheme with
other co-conspirators to
fraudulently claim tax credits
and RIN credits multiple times
on the same fuel... Letona
helped destroy documents
following receipt of the
subpoena
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EPA Bulletin— Apr-May 2017
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Sentencings
Attorney General Wood. "As today's plea demonstrates, the Department of Justice will continue to pursue
and prosecute those who seek to line their own pockets through RFS fraud."
"Environmental programs are not immune from fraud," U.S. Attorney Glassman said. "The surest way to de-
ter this and all fraud is to catch the criminal and ensure that he is punished for the crime. That's what we're
doing here."
"At the IRS, protecting taxpayer money is a matter we take extremely seriously. An integral part of the agen-
cy's mission involves detecting and catching those who claim fraudulent tax credits," stated Frank S. Turner II,
Acting Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. "The object of these
schemes is to defraud the government and the taxpaying public."
"Violations of renewable fuels laws can have serious impacts on the marketplace and hurt companies that
play by the rules," said Larry Starfield, Acting Assistant Administrator for the Office of Enforcement and Com-
pliance Assurance at EPA. "EPA and its law enforcement partners are committed to ensuring a level playing
field for businesses that follow the rules by pursuing those who blatantly violate the law."
Assistant Attorney General Wood and U.S. Attorney Glassman commended the cooperative investigation by
law enforcement, as well as the Department of Justice Trial Attorneys who represented the United States in
this case.
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EPA Bulletin— Apr-May 2017
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Sentencings
Willmax Capital Management, Inc. and a Senior Corporate Manager Sentenced for Charges Related to Ille-
gal Asbestos Release
Wiilmax Capital Management, Inc. (Willmax Capital) and a senior corporate manager John Tom Williams, of
Dallas, Texas, were sentenced May 19, 2017 by Senior U.S. District Court Judge Lewis T. Babcock for crimes
related to an illegal release of asbestos during a renovation project at a Willmax Capital-managed residential
complex known as The Overlook at Mile High at 3190 West 14th Avenue in Denver, Colorado. The release,
which affected more than a hundred individuals, occurred in early 2014.
Willmax Capital was ordered to spend 5 years on probation. Chief Judge Babcock ordered that as a condition
of probation, the company must pay for and comply with a medical monitoring program for individuals who
were exposed to asbestos as a result of the offense. The program
will be conducted at National Jewish Health in Denver.
According to the stipulated facts in the defendants' plea agree-
t ments, Willmax Capita! failed to conduct an inspection to deter-
Asbestos dust covering items inside apartments mine whether asbestos was present before starting the renovation.
Williams's plea agreement described him as the ultimate decision-
maker for renovation activities at the Overlook, including the abatement of asbestos-containing materials,
and noted that his subordinates relied on him to alert them when such activities might disturb asbestos.
The judge will hold a hearing on August 7, 2017, to determine the
amount of restitution the corporation must pay. Williams was sen-
tenced to serve 8 months in federal prison, followed by 1 year on
supervised release. Williams was also ordered to pay a $100,000
fine.
The sentences were announced by the U.S. Attorney's Office and
the Environmental Protection Agency (EPA) Office of Criminal In-
vestigations.
Willmax Capital Management was charged on November 16, 2016,
with violating an EPA rule requiring it to inspect facilities for asbes-
tos prior to renovation. Williams was charged the same day with
negligently releasing asbestos into the air and thereby negligently
placing other persons in imminent danger of death or serious bodi-
ly injury. The defendants entered guilty pleas to those counts on
December 14, 2016.
"EPA did an exceptional job with this investigation and, together with our prosecutor, crafted a resolution
that properly punishes dangerous activity at the same time it brings tangible relief to the real people who
suffered the asbestos exposure," said Acting U.S. Attorney Bob Troyer.
"The defendants' negligence in this case exposed more than 100 people to asbestos and jeopardized their
health and safety," said Special Agent in Charge Jeffrey Martinez, who oversees EPA's Criminal Enforcement
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EPA Bulletin— Apr-May 2017
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Sentencings
Program in Colorado. "This plea agreement was negotiated to provide the victims with restitution and medi-
cal assistance they would not otherwise have received, and this case serves as a warning that violating rules
that protect against public endangerment can have serious consequences."
This case was investigated by EPA's Criminal Investigation Division and was prosecuted by the U.S. Attorney's
Office's Economic Crimes Section, part of the Criminal Division.
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EPA Bulletin— Apr-May 2017
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Plea Agreements
Two individuals and Company Plead Guilty to Violations of Clean Air Act Involving Asbestos
On May 15, 2017, Sean P. Doctor, of Buffalo, NY pleaded guilty to making a false statement under the Clean
Air Act. The charge carries a maximum penalty of two years in prison and a fine of $250,000. Raj Chopra, 53,
of Grand Island, NY, pleaded guilty to accessory after the fact to a false statement under the Clean Air Act,
which carries a maximum penalty of one year in prison and a fine of $125,000. Chopra's company, Compre-
hensive Employee Management, (CEM), located on Grand Island, pleaded guilty to making a false statement
under the Clean Air Act. That charge carries a maximum penalty of five years' probation and a $500,000
fine.
CEM, an environmental consulting company located on Grand Island provided consulting services to Sean
Doctor and his asbestos abatement company, SD Specialty Services, LLC. Pursuant to federal regulations, all
owners or operators of an asbestos abatement project regulated under the Clean Air Act, must maintain a
waste shipment manifest to include the name of the owner/operator; the name of the generator; and the
date the asbestos was transported. The information enables the Environmental Protection Agency's, which
enforces the Clean Air Act and associated regulations, to properly and timely investigate suspected violations
of the Clean Air Act.
From December 2009, to January 2010, employees of SD Specialty performed asbestos abatement work at
the Roosevelt Park Shelter in Buffalo, which was subject to regulations of the Clean Air Act. During the
project, S.D. Specialty employees removed asbestos from the Roosevelt Park Shelter and transported the
material to a waste container at CEM on Grand Island.
On March 11, 2010, Sean Doctor and CEM executed an asbestos waste manifest which falsely indicated that
asbestos had been transported to CEM from the Roosevelt Park Shelter on that date. In fact, the asbestos
had been transported to, and stored at the Grand Island location prior to March 11, 2010. As such false
statement was included in the shipping manifest
created when a local waste disposal company retrieved
the waste container at CEM on March 11, 2010, such
false statement became part of a record required to be
maintained under the Clean Air Act.
In addition, on April 28, 2011, an inspection of the
Roosevelt Park Shelter revealed asbestos was
improperly left behind by employees of SD Specialty.
The plea is the result of an investigation by EPA's
Criminal investigation Division, and Investigators of the
New York State Department of Environmental
Conservation Police. Additional assistance was provided
by the New York State Department of Labor, Asbestos
Control Bureau. Sentencing is scheduled for August 28, 2017.
Asbestos-containing material left on ground outside
Doctor's office
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EPA Bulletin— Apr-May 2017
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Plea Agreements
Gas Station Operator Pleads Guity in Mississippi to Discharge of Hazardous Pollutant into City Sewage
Treatment System
On May 3, 2017, Mahant Singh, operator of a convenience store and gas station in Yazoo City, Mississippi,
pleaded guilty to a criminal violation of the Clean Water Act. Singh admitted to discharging the contents of an
underground fuel storage tank into a sewage line connected to the Yazoo City wastewater treatment system,
which created a fire or explosion hazard and risked contaminating local water supplies, announced Acting
Assistant Attorney General Jeffrey H. Wood for the U.S. Department of Justice Environment and Natural Re-
sources Division and Acting U.S. Attorney Harold Brittain for the Southern District of Mississippi.
As charged in the criminal information, at the end of April 2016, water from rainstorms leaked into one of
the underground gasoline storage tanks at the 49 Quick Stop though an inadequately maintained tank cap.
The presence of water in the fuel storage tank triggered an automatic shut off, preventing the dispensing of
gasoline. When there had been a similar water leak into a Quick Stop tank about a year earlier, in March
2015, defendant Singh arranged for a commercial tank service company to remove the water and gasoline
mixture from his tank and to dispose of it properly, by separating the water and gasoline.
Instead of removing the gasoline and water mixture from his tank, as he had a year earlier, on or about April
28, 2016, defendant Singh pumped some of the content of the contaminated Quick Stop tank into an open-
ing in the sewage line. Singh did so by extending a hose to the bottom of the tank where water might collect
underneath the lighter gasoline. The other end of the hose he placed into the sewer pipe. Singh turned on a
pump connected to the hoses, forcing liquid from the tank into the sewer line while he waited on customers
at the Quick Stop store. In so doing, defendant Singh discharged liquid from the gasoline storage tank into
the Yazoo City wastewater treatment system, thereby negligently introducing a pollutant into the system
which created a fire or explosion hazard.
"The unpermitted discharge of gasoline-laden water into a community's water treatment system is illegal,
dangerous, and can also place the health of the community at risk," said Acting Assistant Attorney General
Wood. "These Clean Water Act charges, along with the guilty plea, should send a strong message that these
unlawful acts, which place the public at risk, harm the environment, and damage local infrastructure, will not
be tolerated."
"We are fortunate that the illegal disposal of contaminated gasoline did not cause an explosion or injury,"
said Director Chris Sanders of the Mississippi Department of Environmental Quality's (MDEQ) Office of Pollu-
tion Control. "A quick response by Yazoo City and MDEQ officials to identify the source of the discharge lim-
ited the risk of harm to the public and to the city's sewage treatment system. However, numerous buildings,
including a school, had to be evacuated when gasoline fumes were detected in several areas throughout the
city. Cooperation between EPA's Criminal Investigation Division and MDEQ to this illegal disposal was essen-
tial to these charges announced today. The State of Mississippi, through MDEQ, works closely with EPA in
pursuing criminal enforcement of pollution prevention statutes."
Federal law authorizes a Class A misdemeanor under the Clean Water Act for any person who negligently in-
troduces into a publicly owned treatment works any pollutant or hazardous substance which the defendant
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EPA Bulletin— Apr-May 2017
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Plea Agreements
person knew or reasonably should have known could cause personal injury or property damage or to intro-
duce into the system any material other than in compliance with all applicable Federal, State, or local re-
quirements or permits. Under the Clean Water Act, defendant Singh faces up to one year in prison; a term of
supervised release of not more than five years; and a fine of up to $100,000. Sentencing is scheduled for July
17, 2017.
Acting Assistant Attorney General Wood and Acting U.S. Attorney Brittain commended the efforts of the En-
vironmental Protection Agency and state regulatory agencies for their diligent work in the investigation of
this matter.
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EPA Bulletin— Apr-May 2017
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Plea Agreements
Former CEO Pleads Guilty for Role in Actions Leading to Explosion which injured Employees and First Re-
sponded
Douglas Brian Edwards pleaded no contest on April 14, 2017 to misdemeanor violations for improperly stor-
ing incompatible chemicals, failing to provide proper personal protective devices to employees, and failing to
update a hazardous materials inventory. Edwards was the former chief executive officer and chairman of the
board of Santa Clara Waste Water
Company (SCWWC) and Green Com-
pass Environmental Solutions LLC. He
was indicted for his role in events un-
covered by the investigation into the
explosion that occurred on November
18, 2014, at the SCWWC facility locat-
ed at 815 Mission Rock Road, Santa
Paula. The investigation revealed the
blast was caused by the mixing and
disposal of hazardous chemicals into
a vacuum truck not rated to transport
chemicals. Numerous employees,
first responders, and others were in-
/
Explosion at 5CWCCfacility in Santa Paula, California
jured either by the explosion or by inhaling toxic vapors which developed onsite shortly afterwards.
In November 2015, a search warrant was conducted at the SCWWC facility in Santa Paula which led to the
discovery of approximately 5,500 gallons of sodium hydroxide, also known as Petromax, stored within a
locked shipping container. This chemical was required by law to be reported into the California Environmen-
tal Reporting System (CERS), yet company officials had not reported their possession of Petromax since 2013.
As CEO, Edwards was directly involved in acquiring the 5,500 gallons of Petromax on behalf of SCWWC.
Edwards was placed on three years' probation and ordered not to be employed by any company that per-
forms environmental services in California. In addition, Edwards paid $350,000 in restitution at the time of
his plea. The Ventura County District Attorney's Office and California Attorney General's Office will coordinate
the distribution of funds to victims.
it «
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EPA Bulletin— Apr-May 2017
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Plea Agreements
Saltwater Disposal Well Operator Pleads Guilty to Multiple Felony Charges in Connection with Operation of
Well
On April 12, 2017, Jason A. Halek of Southlake, Texas, pleaded guilty in federal court in Bismarck, North
Dakota, to three felony charges stemming from the operation of a saltwater disposal well near Dickinson, in
Stark County, North Dakota, the Justice Department announced. Halek pleaded guilty to three counts of
violating the Safe Drinking Water Act.
The well, named the Halek 5-22, received "produced water" constituting "brine and other wastes" commonly
and generically referred to as "saltwater." "Saltwater" in this context covers a wide array of drilling waste
fluids, including hydraulic fracturing fluid, which is water combined with chemical additives such as biocides,
polymers and "weak acids."
According to an agreed upon factual statement filed in court, Halek admitted to injecting saltwater into the
well without first having the state of North Dakota witness a test of the well's integrity, which is necessary to
protect drinking water. Halek also admitted injecting fluids down the "annulus" or "backside" of the well in
violation of the well's permit which required that fluids be injected through the tubing. Finally, Halek also
admitted to failing to provide written notice to the state of the date of first injection into the well.
Previously, on Sept. 26, 2014, Nathan R. Garber pleaded guilty to various charges related to the operation of
the well. Sentencing for Halek and Garber is scheduled for July 31, 2017.
The case was investigated by the U.S. Environmental Protection Agency's Criminal Investigation Division.
Significant cooperation was provided by the State of North Dakota and the North Dakota Industrial
Commission (NDIC). The case is being prosecuted by the United States Attorney's Office for the District of
North Dakota and the Environmental Crimes Section of the Justice Department's Environment and Natural
Resources Division.
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EPA Bulletin— Apr-May 2017
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Plea Agreements
Captain Pleads Guilty to Clean Water Act Violation after Failure to Report Diesel Fuel Spill
On May 16, 2017, Mark Bowers pleaded guilty to a negligent violation of the Clean Water Act for failing to
report the discharge of oil into waters of the United States.
Bowers is the captain of the F/V Emerald Sea. The boat was moored at the commercial fishing vessel docks
on the east bank of the Skipanon River in Oregon, which is a navigable tributary of the Columbia River. In the
early morning hours of August 2.9, 2016, while moored and transferring fuel between two tanks, the vessel
spilled approximately 150 gallons of diesel fuel into the river, leaving an expansive and visible sheen. Crew
members advised Bowers of the spill when he arrived that morning, but he did not disclose or report the spill
to federal authorities until confronted by U.S. Coast Guard investigators approximately three hours after the
Emerald Sea left the dock.
This case was investigated by the U.S. Coast Guard and the EPA's Criminal Investigation Division.
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EPA Bulletin— Apr-May 2017
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Indictments/Information
Hazardous Waste Company, Owner, And Employees Indicted For Illegally Abandon-
ing Hazardous Waste In Trailers
A Charlotte, North Carolina hazardous waste company, its owner, and two employees were indicted on May
17, 2017 for illegally abandoning more than 10,000 gallons of liquid hazardous waste and more than five tons
of solid hazardous waste in trailers on the company's property in Charlotte.
According to allegations contained in the indictment, PCT,
was a business engaged in the collection and transportation
of hazardous waste in Charlotte, N.C, From at least as early as
in or about 2011, the defendants allegedly stored hazardous
waste on unpermitted trailers on PCT's property at 3114 and
3124 Cullman Avenue, in Charlotte. The indictment alleges
that the defendants had ongoing difficulty paying the disposal
companies, which were refusing to accept hazardous waste
from PCT. As alleged in the indictment, on July 7, 2014, PCT
was evicted from the Cullman Avenue facilities, the defend-
ants did not remove the hazardous waste and did not notify
anyone that the waste had to be removed.
The indictment also alleges that on August 19, 2015, North
Carolina State regulators executed a search warrant and lo-
cated hazardous waste for which 43 customers had paid PCT
for disposal. The indictment further alleges that regulators
also located hazardous waste in the building located at 3124
Cullman Avenue, which was not permitted to store any haz-
ardous waste. It is also alleged that over the course of the
criminal conduct, defendants Connelly and Peters made false
official statements to regulators about the contents of the trail-
ers.
The conspiracy charge carries a maximum sentence of five years of imprisonment and a fine of $250,000. The
RCRA violations carry a maximum sentence of five years of imprisonment and a fine of $50,000 per day of
violation. The false official statements charges carry a maximum sentence of five years of imprisonment and
a fine of $250,000.
The criminal bill of indictment was returned by a grand jury which charged Parts Cleaning Technology of
North Carolina (PCT), its owner, David Russ Crandell of Novi, Michigan, and two employees, Timothy Michael
Connelly of Concord, N.C. and Vincent Edward Peters, Sr. of York, SC, with one count of conspiracy to illegally
store hazardous waste, one count of illegal storage of hazard-
ous waste without a permit, and one count of illegal storage
of hazardous waste in violation of a permit. Connelly and Pe-
ters are also each charged with making false official state-
ments to regulators.
SS-Callon drums of hazardous waste stored in trailer
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EPA Bulletin— Apr-May 2017
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Indictments/Information
The U.S. Attorney thanked EPA's Criminal Investigation Division and The North Carolona State Bureau of In-
vestigation for leading the investigation. The Assistant U.S. Attorney's Office in Charlotte, NC is in charge of
the prosecution.
An indictment is only a charge and is not evidence of guilt. The defendants are presumed innocent and are
entitled to a fair trial at which the government must prove them guilty beyond a reasonable doubt.
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EPA Bulletin— Apr-May 2017
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Indictments/Information
Owners of Biofuels Company Indicted on Conspiracy and False Statement Charges
A Pennsylvania biofuel producer and two of its officers were indicted on May 4, 2017 for conspiracy and false
statements charges for participating in a scheme that generated over $10 million in U.S. Environmental
Protection Agency (EPA) renewable fuels credits (RIN credits) at Keystone Biofuels, Inc., a company that
purported to produce and sell biodiesel for use as transportation fuel.
Ben Wootton, 52, of Enola, Pennsylvania; Race Miner, 48, of Buena Vista, Colorado; and Keystone Biofuels,
Inc. were indicted by a grand jury in Harrisburg, Pennsylvania yesterday, announced U.S. Attorney Bruce D.
Brandler for the Middle District of Pennsylvania, Acting Assistant Attorney General Jeffrey H. Wood for the
Department of Justice's Environment and Natural Resources Division, Acting Special Agent in Charge Jennifer
Lynn for the Philadelphia Office of the EPA's Criminal Investigation Division, and Acting Special Agent in
Charge Steven L. McQueen of the FBI's Philadelphia Field Office.
According to the indictment, Wootton and Miner were co-owners of Keystone Biofuels, Inc. located in
Shiremanstown, Pennsylvania and later in Camp Hill, Pennsylvania. Wootton, serving as President of
Keystone Biofuels and Miner, serving as Chief Executive Officer, are alleged to have participated in a scheme
with other coconspirators to fraudulently claim RIN credits on non-qualifying renewable fuel. Although the
credits required that the fuel pass standards set by the American Society for Testing and Materials (ASTM),
the fuel produced by Keystone did not meet this standard, the grand jury alleges, and was placed into
commerce despite being "off-spec." The conspirators also allegedly generated fraudulent documentation and
manipulated samples to be sent to laboratories for testing as part of their scheme. Keystone, Wootton and
Miner also allegedly made false entries into an EPA tracking system in violation of the Clean Air Act.
The crime of conspiracy is punishable by up to five years in prison. The crime of False Statements is
punishable by up to five years in prison. A fine of up to $250,000 for an individual and $500,000 for a
corporation may also be imposed.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of
factors, including the nature, circumstances and seriousness of the offense.
The investigation was conducted by the EPA's Criminal Investigation Division and FBI Investigators, and is
being prosecuted by DOJ attorneys.
An indictment is only a charge and is not evidence of guilt. The defendants are presumed innocent and are
entitled to a fair trial at which the government must prove them guilty beyond a reasonable doubt.
Page 15 EPA Bulletin—Apr-May 2017
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Indictments/Information
Cabool Business Owner Indicted for Dumping Grease into Big Piney River
SPRINGFIELD, Mo. - Tom Larson, Acting United States Attorney for the Western District of Missouri,
announced that a Cabool, Mo., man and his grease recycling company were indicted by a federal grand jury
today for violating the Clean Water Act by dumping grease into the Big Piney River.
Brian Dale Fleming, 50, of Cabool, and BF Byproducts, LLC, were charged in an indictment returned by a
federal grand jury in Springfield, Mo.
BF Products and Fleming allegedly
discharged spent cooking oil, a
pollutant, into the Big Piney River in
March and April 2015.
Larson cautioned that the charge
contained in this indictment is simply an
accusation, and not evidence of guilt.
BF Byproducts (formerly Fleming Recycling) is a grease-recycling business owned by Fleming. BF Byproducts
uses trucks to collect used grease from hundreds of restaurants in Missouri, Arkansas and elsewhere. The
grease is transported to the Cabool
facility, where it is recycled for resale
and a profit.
This case is being prosecuted by
Assistant U.S. Attorney Abram McGull II.
It was investigated by the
Environmental Protection Agency -
Criminal Investigation Division, the U.S.
Wastewater spill
Coast Guard, the Missouri Department
of Natural Resources, the Texas County,
Mo., Sheriff's Department and the Cabool, Mo., Police Department.
An indictment is only a charge and is not evidence of guilt. The defendants are presumed innocent and are
entitled to a fair trial at which the government must prove them guilty beyond a reasonable doubt.
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