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.
September, 2017
In This Edition:
Maureen S. Walck - Region 2
Michael J. Ward - Region 2
William S. Jackson - Region 5
Luminaire Environmental and Technologies, Inc., John D. Miller Jr.,
Joseph V. Miller—Region 5
Adam D. Boylen - Region 5
Aides K. Vidrine III—Region 6
Tyson Poultry - Region 7
Sean Gerson - Region 9
oEPA
United States
Environmental Protection
Agency
EPA Pub. 310-N-15-007

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Defendant Summary

Region
Defendants
Case Type/Status

Maureen S. Walck
Plea Agreement

Michael J. Ward
Plea Agreement

William S. Jackson
Sentencing

Luminaire Environmental and Technologies, Inc.,
John D. Miller Jr.,
Joseph V. Miller
Indictment

Adam D. Boylen
Sentencing

Aides K. Vidrine III
Plea Agreement

Tyson Poultry
Plea Agreement

Sean Gerson
Plea Agreement









I
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EPA Bulletin—September 2017

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Sentencings
Cleveland Man Sentenced to Nearly Three Years in Prison for Illegal Demolition of Former Factory
On September 21, 2017, William S. Jackson, age 47, was sentenced to 33 months in prison and ordered to
pay $7.8 million in restitution by U.S. Senior District Judge Donald C. Nugent.
Jackson was sentenced for violating the Clean Air Act by failing to remove asbestos prior to demolishing a
former factory in Cleveland, law enforcement officials said.
Christopher Gattarello leased the former National Acme facility at 170 East 131st Street in Cleveland in June
2011. The 570,000 square-foot facility was built in 1917 and was used for manufacturing for nearly a century.
It is located near many homes and a school. Gattarello represented to the lessor that paper and cardboard
waste would be recycled at the facility. In July 2011, a company estimated removing asbestos from the facili-
ty would cost $1.5 million.
Around August 2011, Gattarello directed paper and
cardboard waste, as well as municipal garbage, be de-
livered to the facility for recycling. Over the next sev-
eral months, more garbage, paper and cardboard
were delivered than could be handled, and Gattarello
had the waste moved inside. By April 2012, most of
the facility was filled with garbage.
Gattarello entered into a contract to purchase the fa-
cility in 2012. Gattarello intended to demolish the fa-
cility and sell any metal removed as scrap.
asbestos
hazard
Jackson operated a Cleveland building demolition
company. In July 2012, he submitted a notice of demolition with the Cleveland Division of Air Quality stating
there was no asbestos in the National Acme facility. About 10 days later, the CDAQ rejected Jackson's notice
because it was incomplete and stated demolition "may not begin" until a proper notice was submitted and
approved. About 10 days after that, on July 21, 2012, Jackson began demolition at Gattarello's direction.
Asbestos fibers were released into the environment during demolition. Debris accumulated outside the facili-
ty from demolition and asbestos in the piles were exposed to the wind and elements.
Gattarello was sentenced to nearly five years in prison for his crimes earlier this year.
"This defendant knowingly ignored regulations designed to protect the public's health and safety," U.S.
Attorney Justin E. Herdman said. "He and his co-defendants caused irreparable harm to a Cleveland neigh-
borhood."
"The defendants in this case put unsuspecting workers at great risk and threatened the health and safety of
the community when they failed to follow proper procedures for removing asbestos," said Scot Adair, Acting
Special Agent in Charge of EPA's criminal enforcement program in Ohio. "This case demonstrates that EPA
and its law enforcement partners will prosecute those who willingly break environmental laws in an attempt
PageB	EPA Bulletin—September 2017

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Sentencings
to cut costs,"
"Let these sentencings stand as a warning to those who victim-
ize the public that whether you are the main perpetrator of a
fraud, or merely assist in its facilitation, the law will hold all
guilty parties accountable," said Ryan L, Korner, Special Agent
in Charge, IRS Criminal Investigation, Cincinnati Field Office.
"The successful prosecution of these individuals is a direct re-
sult of the excellent partnership that federal, state and kocal
law enforcement has in combating violations of federal law."
The case was investigated by EPA's Criminal Investigation Divi-
sion, the State of Ohio Environmental Protection Agency, the
Ohio Bureau of Criminal Investigation and the Internal Reve-
nue Service. The case is being prosecuted by DOJ's Assistant
U.S. Attorneys.
Page 4	EPA Bulletin—September 2017
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"It is both illegal and inexcusable to dump thousands of tons of garbage near a residential neighborhood,"
said Ohio Attorney General Mike DeWine. "Residents were subjected to environmental and health hazards
and deserve to see those accountable brought to justice."
Asbestos T5I on pipes over waste

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Sentencings
Stark County Man Sentenced to More than Three Years in Prison for Dumping Wastewater in Tuscarawas
River
On September 5, 2017, Adam D. Boylen, 46, was sentenced to more than three years in prison for dumping
wastewater into tributaries of the Tuscarawas River, Boylen previously pleaded guilty to four counts of vio-
lating the Clean Water Act by making unpermitted discharges. U.S. District Judge Sara Lioi sentenced him to
42 months in prison and ordered him to pay $85,338 in restitution.
"This defendant intentionally dumped waste into a tributary of the Tuscarawas River, killing fish and other
aquatic life," said U.S. Attorney Justin E. Herd man. "We will always protect our waterways and environment."
"Protecting our water is critical, both for the health and
safety of our citizens and our wildlife," Ohio Attorney
General Mike DeWine said. "We will continue to assist
in this case and others like it to protect Ohio."
"The defendant's deliberate and illegal dumping of
wastewater killed thousands of fish and wildlife and
harmed the quality of local waterways," said Scot Adair,
Acting Special Agent in Charge of EPA's criminal enforce-
ment program in Ohio. "Today's sentence reinforces
EPA's commitment to work with its law enforcement
partners to pursue egregious environmental crimes and
the individuals who commit them."
"Today's sentencing concludes a successful investigation and prosecution of the multiple discharges into wa-
ters of the state, which violated the federal Clean Water Act/' said Ohio EPA Director Craig W. Butler. "We
wiil continue to work with our partners at the local, state and federal agencies to make sure that public
health and the environment is protected and responsible parties are held accountable."
Boylen was a driver employed by an Ohio-based trucking company. Boylen's
job was to load wastewater generated from corporate facilities into a tanker
truck and to drive the wastewater to a designated facility located in Pennsyl-
vania for proper disposal, The wastewater contained surfactants capable of
killing vegetation and fish, according to court documents.
Instead of delivering the wastewater to Pennsylvania, Boylen drove the tanker
truck to remote locations in Tuscarawas County and central-eastern Ohio and
emptied the wastewater containing surfactants into waters of the United
States, according to court documents.
Boylen is charged with dumping the wastewater into two different tributaries of the Tuscarawas River, a wet-
land adjacent to the Tuscarawas River, and the Beach City Reservoir, on numerous occasions between April
18 and May 4, 2016.
PageS	EPA Bulletin—September 2017
White foam from illegal wastewater discharge in a stream
leading to the Tuscarawas River
Boylen drove the
tanker truck to
remote locations
in Tuscarawas County and
central-eastern Ohio and
emptied the wastewater
containing surfactants into
waters of the United States

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Sentencings
White foam flowed down tributaries and streams as a result of Boylen's actions. In one instance, the foam
traveled four miles downstream from the location where the tanker truck was emptied. Vegetation was killed
at all the locations. Over 700 fish were killed in one of the tributaries, and collectively, approximately 3,231
minnows, crayfish, frogs, and tadpoles were killed, according to court documents.
The case was investigated by the United States and Ohio Environmental Protection Agencies, the Ohio Attor-
ney General's Bureau of Criminal Investigation, the Stark County Sheriff's Offices, the Tuscarawas County
Sheriff's Offices, the Ohio Department of Natural Resources, and the Ohio Department of Rehabilitation and
Correction.
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Plea Agreements
Realtor Pleads Guilty To Violating Lead-Based Paint Disclosure Rules
On September 7, 2017, Maureen S. Walck, 72 of Lockport, NY, pleaded guilty to failure to provide lead paint
hazard warning notice, before U.S. Magistrate Judge Jeremiah J. McCarthy. The charge carries a maximum
sentence of one year in prison and a fine of $100,000.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant, a real estate
broker with RealtyUSA, executed a contract on January 15, 2014, with the owner of a residence in Lockport,
which gave the defendant the exclusive right to sell the residence. The residence was built in approximately
1900, and the owner was aware that lead-based paint hazards were present. The owner informed Walck of
the hazards and showed a copy of the lead-based paint inspection reports to the defendant.
On January 25, 2014, a prospective buyer made an offer to purchase the
residence. As part of the sales contract, a lead-based paint rider and dis-
closure form was included. Walck indicated that records pertaining to lead
-based paint and/or lead-based paint hazards at the residence were pro-
vided to the prospective buyer. After an inspection of the residence, and
after reviewing the lead-based paint records, the prospective buyer can-
celled the sales contract.
On February 6, 2014, a second prospective buyer made an offer to pur-
chase the residence. As part of the sales contract, another lead-based
paint rider was included. However, unlike the rider with the first prospec-
tive buyers, Walck indicated that the seller had no knowledge of lead-based paint and/or lead-based paint
hazards at the residence and that there were no records pertaining to lead-based paint and/or lead-based
paint hazards for the residence. The second prospective buyers purchased the residence and closed on the
residence on April 11, 2014. In September 2015, the new owners learned that their child was diagnosed with
lead poisoning.
The investigation was conducted by EPA's Criminal Investigation Division, and the U.S. Department of Veter-
ans Affairs Office of Inspector General, Criminal Investigations Division. Sentencing is scheduled for Decem-
ber 11, 2017.
The second
prospective buyers
purchased the
residence and closed
on the residence on April 11,
2014. In September 2015, the
new owners learned that their
child was diagnosed with lead
poisoning.
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Plea Agreements
St. Lawrence County Man Pleads Guilty to Clean Water Act Crimes
On September 7, 2017, Acting United States Attorney Grant C. Jaquith announced Michael J. Ward, age 54, of Gouverneur,
New York, pled guilty, in Binghamton federal court, to three felony counts of violating the Clean Water Act.
In pleading guilty, Ward admitted that between January 2013 and September 2015, while employed as the Technical Director
in charge of environmental compliance at the APC Paper Group paper mill in Norfolk, New York, he caused the paper mill to
violate its Clean Water Act permit by discharging wastewater containing excessive levels of biochemical oxygen demand
("BOD") into the Raquette River. BOD is the amount of dissolved oxygen necessary for microorganisms in the water to break
down organic material. BOD levels also provide an index for measuring the effect discharged wastewater will have on the
body of fresh water receiving it. In this case, the paper mill's Clean Water Act permit restricted the amount of BOD that could
be discharged through wastewater. Ward admitted in court today that he was responsible for monitoring, calculating, and
reporting the paper mill's compliance with its Clean Water Act permit. He further admitted that he hid and falsified data re-
garding the BOD levels in the mill's wastewater discharges, thus allowing the mill to violate its Clean Water Act permit on a
regular basis. Additionally, he repeatedly falsified monthly reports to the DEC to hide the continuing Clean Water Act viola-
tions. The defendant's illegal conduct was discovered after he was fired by APC Paper Group for unrelated reasons in the fall
of 2015.
The charges to which Ward pled guilty carry a maximum sentence of up to 3 years in prison, a fine of up to $800,000, and a
term of supervised release of up to 1 year. Ward will be sentenced in federal court in Binghamton on January 26, 2018 by
Senior United States District Judge Thomas J. McAvoy. A defendant's sentence is imposed by a judge based on the particular
statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by EPA's Criminal Investigation Division, and the New York State DEC, Division of Law Enforcement
and Bureau of Environmental Crimes Investigation Unit (BECI). The case is being prosecuted by DOJ's Assistant U.S. Attorney.
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Plea Agreements
Tyson Poultry Pleads Guilty to Clean Water Act Violations in Connection with Discharge of Acidic Feed Sup-
plement
On September 27, 2017, Tyson Poultry Inc. ("Tyson") pleaded guilty in federal court in Springfield, Missouri,
to two criminal charges of violating the Clean Water Act stemming from discharges at its slaughter and pro-
cessing facility in Monett, Missouri.
Tyson, the nation's largest chicken producer, is headquartered in Springdale, Arkansas, Tyson is a subsidiary
of Tyson Foods Inc., which owns and operates multiple companies in the food supply and food service indus-
try. The charges to which Tyson pleaded guilty arose out of a spill after the company mixed ingredients in its
chicken feed at its feed mill in Aurora, Missouri.
One ingredient in Tyson's feed was a liquid food supplement called "Alimet," which has a pH of less than
one. According to the plea agreement filed in federal court, in May 2014, the tank used to store Alimet at
the Aurora feed mill sprang a leak, and the acidic substance flowed into a secondary containment ar-
ea. Tyson hired a contractor to remove the Alimet and transport it to Tyson's Monett plant, where the Ali-
met was unloaded into the in-house treatment system that was not designed to treat waste with Alimet's
characteristics. Some of the Alimet made it into the City of Monett's municipal waste water treatment plant,
where it killed bacteria used to reduce ammonia in discharges from the treatment plant into Clear Creek, and
resulting in the death of approximately 108,000 fish.
Under the terms of the plea agreement, Tyson will pay a $2 million criminal fine and serve two years of pro-
bation. In addition, Tyson will pay $500,000 to maintain and restore waters in the Monett area, with a focus
on Clear Creek and the adjoining waterways. Tyson will also implement environmental compliance programs
including: hiring an independent, third-party audi-
tor to examine all Tyson poultry facilities through-
out the country to assess their compliance with the
Clean Water Act and hazardous waste laws; con-
ducting specialized environmental training at its
poultry processing plants, hatcheries, feed mills,
rendering plants, and waste water treatment
plants; and implementing improved policies and
procedures to address the circumstances that gave
rise to these violations.
"Our Division is hopeful that the outcome of this case will help deter future violations of the Clean Water Act
and keep our water supply and marine life free from pollution," said Acting Assistant Attorney General
Jeffrey H. Wood of the Environment and Natural Resources Division. "Today's agreement will remedy envi-
ronmental harm caused by the defendant's actions while also helping to ensure that these kinds of problems
do not happen again."
"Tyson's admitted criminal conduct caused significant environmental damage, including a large-scale fish
kill," said Acting U.S. Attorney Tom Larson of the Western District of Missouri. "Today's plea agreement not
only holds Tyson accountable for its actions in Missouri, but requires the company to take steps to insure
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Plea Agreements
compliance with the Clean Water Act at its poultry facilities throughout the United States."
"Ensuring agricultural operations dispose of their waste in a lawful way is critical to protecting the health of
local communities and clean water," said Larry Starfield, acting Assistant Administrator for EPA's Office of En-
forcement and Compliance Assurance. "The plea agreement in this case will improve Tyson's compliance
with important clean water and hazardous waste laws and help prevent future violations."
Acting Assistant Attorney General Wood and Acting U.S. Attorney Larson thanked the U.S. Environmental
Protection Agency's Criminal Investigation Division for its work in this investigation. The case is being prose-
cuted by the U.S. Attorney's Office for the Western District of Missouri and the Environmental Crimes Section
of the Justice Department's Environment and Natural Resources Division.
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Plea Agreements
Former Omega Protein manager pleads guilty to polluting Vermilion River
On September 19, 2017, Aides K. "Al" Vidrine III, 52, of New Orleans, La., pleaded guilty before U.S. Magis-
trate Judge Carol Whitehurst on one count of unlawful discharge of a pollutant into a water of the United
States. According to the guilty plea, Vidrine, who worked as a
manager at the Abbeville Omega Protein Inc. plant, directed em-
ployees on February 1, 2016 to place a hose in a treatment pond
and drain process water from the plant's treatment pond into a
canal that emptied into the Vermilion River.
Discharge of drain process water to drainage
canals leading into Vermillion River
Vidrine faces up to one year in prison, one year of supervised re-
lease and a fine of not less than $2,500 or more than $25,000 per
day of the violation.
The investigation was conducted by EPA's Criminal Investigation
Division and the Louisiana State Police. The case is being prose-
cuted by DOJ's Assistant US Attorney. Sentencing is scheduled
for January 11, 2018.
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Plea Agreements
Owner of O.C. Pet Products Company Pleads Guilty to Selling Pet Meds Without Prescriptions, Some of
Which Were Not Approved for U.S. Sale
On September 11, 2017, Sean Gerson, 49, pleaded guilty to charges of selling misbranded veterinary medica-
tions without a prescription, some of which were not approved for use in the United States.
Gerson, owner of Vaccination Services, Inc. in Lake Forest, pleaded guilty in a scheme that netted him at least
$2.5 million over the past 15 years.
Gerson pleaded guilty to smuggling, introduction into interstate commerce misbranded animal prescription
drugs with the intent to defraud and mislead the United States Food and Drug Administration, and a misde-
meanor charge of distribution and sale of an unregistered pesticide. Vaccination Services also pleaded guilty
today to the same federal charges.
The misbranded drugs - meaning they were sold without a valid prescription from a veterinarian - were
Comfortis, an anti-flea medication, and Ciprofloxacin, a powerful antibiotic commonly called "Cipro" that can
be used in dogs and cats to treat skin, respiratory and urinary tract infections.
According to court documents, Gerson sold Comfortis that was designed for the South African market and
was not approved for distribution in the United States. Federal law prohibits the importation and sale of vet-
erinary medicines that have not been approved by the FDA and Environmental Protection Agency for use in
this country.
Gerson used several websites - including fleastuff.com, mydoghasfleas.xyz and fleaandtickstuff.com - to
market prescription animal products to buyers without valid prescriptions.
In a plea agreement filed in United States District Court, Gerson admitted that he "knowingly distributed,
transported and sold the prescription animal drugs Comfortis and Ciprofloxacin in interstate commerce" to
an undercover law enforcement officer in Missouri in August 2016. Gerson at the time knew that the drug
had been smuggled into the United States "because the drugs were foreign-market branded and not ap-
proved by the U.S. FDA for entry into the United States."
Gerson also admitted that he sold foreign market pesticides - animal flea and tick products not approved for
sale and distribution in the United States - to an undercover law enforcement officer in Washington in June
2012.
In the plea agreement, prosecutors and Gerson have agreed that the appropriate sentence in this case is 30
months in federal prison and a fine of $200,000. The final sentence will be determined by Judge Klausner,
and if the judge decides to deviate from the agreed-upon sentence both parties have the right to withdraw
from the plea agreement and proceed to trial. Sentencing is scheduled for December 11, 2017.
In addition to the prison sentence and criminal fine, Gerson has agreed to the entry of a $2.5 million forfei-
ture judgment which will require Gerson to forfeit the proceeds of his long-running scheme.
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Plea Agreements
In its plea agreement, Vaccination Services has agreed to pay a $300,000 fine and to be placed on probation
for a period of five years. This stipulated sentence is also subject to the approval of Judge Klausner.
Gerson was previously convicted of charges related to the illegal sale of pet medications and products. Ac-
cording to documents previously filed in the federal case in Los Angeles, Gerson pleaded guilty in Texas in
2014 to state charges of delivery of a dangerous drug, specifically a prescription drug called Clenbuterol.
In a related case, Judge Klausner in June ordered a South African veterinarian to pay a fine of $5,000 and for-
feit to the United States $145,000 after pleading guilty to a charge of making false statements in relation to
unapproved pet medications he shipped to Gerson. Craig Mostert sent the foreign-market drugs to Gerson,
and significantly understated the value of the products in a series of shipments between 2008 and 2017.
The case against Gerson and Vaccination Services is the product of an investigation by U.S. Immigration and
Customs Enforcement's (ICE) Homeland Security Investigations, the Food and Drug Administration's Office of
Criminal Investigations, and the Environmental Protection Agency. The case is being prosecuted by DOJ's As-
sistant US Attorney Joseph O. Johns, Chief of the Environmental and Community Safety Crimes Section.
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Indictments/Information
Owner And Manager Of Plymouth Environmental Company Charged In Fraud Conspiracy Related To Dis-
posal Of Toxic Chemicals
On September 20, 2017, Acting United States Attorney Gregory G. Brooker announced an indictment charg-
ing Luminaire Environmental and Technologies, Inc., John D. Miller, Jr., 60, and Joseph V. Miller, 57, with con-
spiracy, multiple counts of wire fraud, mail fraud and falsifying documents.
According to the indictment, Luminaire Environmental and Technologies, Inc. ("Luminaire"), purported to be
a recycling and waste disposal business that offered to pick up customers' fluorescent light ballasts contain-
ing polychlorinated biphenyls ("PCBs"), transport the PCB-containing ballasts to the Luminaire facility located
in Plymouth, Minn., and remove and dispose of all the PCBs in accordance with the Toxic Substances Control
Act (TSCA). Luminaire charged customers a significant fee for this service because the PCBs contained in the
ballasts were considered a toxic chemical, and regulations promulgated by the United States Environmental
Protection Agency mandate special procedures for disposal of these materials.
According to the indictment, from 2010 until 2015, John and Joe Miller, owner and manager, respectively, of
Luminaire, orchestrated a fraudulent scheme designed to generate business for Luminaire by making false
representations to customers that Luminaire would properly dispose of customers' toxic chemicals. Instead,
after picking up loads of PCB-ballasts from customers, Luminaire's employees, at the direction of John and
Joe Miller, would remove or otherwise obscure labels from the containers holding the PCB-ballasts, and then
sell the PCB-ballasts as scrap metal to nearby metal recycling facilities. By doing so, John and Joe Miller were
able to charge customers a significant fee for work that was never actually performed and obtain additional
profits by fraudulently selling the PCB-ballasts to scrap yards. Additionally, in order to conceal the true desti-
nation and disposal of customers' toxic chemicals, John and Joe Miller and others would falsely certify on
shipping manifests that the PCB-ballasts had been properly transported to Luminaire'S facility. As a result of
the scheme, Luminaire fraudulently collected more than $1,000,000 in fees and additional profits.
This case is being investigated by EPA's Criminal Investigation Division, and is being prosecuted by DOJ's As-
sistant U.S. Attorneys.
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