Defendant Summary
Trials & Settlements
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. Unless otherwise noted, all photos are provided
by EPA-CID.
October—December 2020
In This Edition:
Jiule Lin - Region 1
JP Ellis Enterprises d/b/a Cape Cod Ice - Region 1
Jude Chukwuebuka Amadike, Po Shan Wong, Zhen Wu - Region 2
JCD Distribution, Inc - Region 2
Pittsburgh Water and Sewer Authority (PWSA) 3
David D. Klepadlo, Ben Wootton, Race Miner - Region 3
Keystone Biofuels, Inc - Region 3
Libertas Copper d/b/a Hussey Copper - Region 3
Aaron Micah Jamison - Region 4
James Moss - Region 5
Andrew K. Ecklund - Region 5
Cin-Air LP - Region 5
Patrick James Schwarte - Region 7
James Kenneth Ward - Region 8
Veronica Perez - Region 9
4 Brothers Dairy, Inc Andrew Fitzgerald - Region 10
Valley Crest Foods, Inc - Region 10
&EPA
United States
Environmental Protection
Agency
EPA Pub. 310-N-15-007
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Defendant Summary
Region
Defendants
Case Type/Status
1
Jiule Lin
Plea Agreement
1
JP Ellis Enterprises d/b/a Cape Cod Ice
Plea Agreement
2
Jude Chukwuebuka Amadike
Plea Agreement
2
Po Shan Wong, Zhen Wu
JCD Distribution, Inc
Indictment/Information
3
Pittsburgh Water and Sewer Authority
Indictment
3
David D. Klepadlo
Sentencing
3
Ben Wootton. Race Miner
Keystone Biofuels, Inc.
Sentencing
3
Libertas Copper d/b/a Hussey Copper
Plea Agreement
4
Aaron Micah Jamison
Sentencing
5
James Moss
Sentencing
5
Andrew K. Ecklund
Plea Agreement
5
Cin-Air LP
Sentencing
7
Patrick James Schwarte
Sentencing
8
James Kenneth Ward
Sentencing
9
Veronica Perez
Trial
10
4 Brothers Dairy Inc, Andrew Fitzgerald
Plea Agreement
10
Valley Crest Foods, Inc.
Plea Agreement
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EPA Bulletin: Oct 2020—Dec 2020
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Sentencings
Pennsylvania Wastewater Treatment Plant Operator Sentenced for Violations of Clean
Water Act and Tampering with a Government Witness
The United States Attorney's Office for the Middle District of Pennsylvania announced that David D. Klepadlo,
age 65, of Clark Summit, Pennsylvania, was sentenced on October 28, 2020, to three years of supervised re-
lease, including one year of home detention, for violation of the Clean Water Act and tampering with a gov-
ernment witness.
According to United States Attorney David J. Freed, Klepadlo pled guilty to falsifying required Pennsylvania
Department of Environmental Protection (PADEP) and the U.S. Environmental Protections Agency (EPA) doc-
uments over a period of several years. Klepadlo also pleaded guilty to tampering with a government witness
at the onset of the criminal investigation by encouraging that witness to either not cooperate at all or lie to
the FBI.
David D. Klepadlo & Associates, Inc. (Klepadlo's company) also pled guilty to falsifying PADEP and EPA docs
and was sentenced to five years of probation and a $10,000 fine.
Klepadlo was certified by the Commonwealth of Pennsylvania as a wastewater treatment plant opera-
tor. Klepadlo and his company contracted with local municipalities to operate and manage the municipali-
ties' wastewater treatment plants in accordance with regulations and limitations in permits issued by the
Pennsylvania Department of Environmental Protection (PADEP) and the U.S. Environmental Protections
Agency (EPA).
The permits required that the permittee at all times maintain in good working order, and properly operate all
facilities and systems installed and used to achieve compliance with the terms and conditions of the per-
mits. For approximately two years, beginning in May 2012 and continuing through June 2014, Klepadlo and
his company failed to properly operate and maintain the facilities (Greenfield Township Sewer Authority,
Lackawanna County, and the Benton/Nicholson Sewer Authority, both Lackawanna and Wyoming Counties)
and systems of treatment and control, in accordance with terms and conditions of the permits.
Klepadlo knowingly failed to take daily and weekly samples and measurements required for the purpose of
monitoring pollutants discharged into waterways of the United States; knowingly created false test results
and falsely reported those results in discharge monitoring reports submitted monthly to the PADEP and the
EPA. Klepadlo also admitted to attempting to persuade a government witness to fabricate a false explanation
for the Clean Water Act violations for the purpose of influencing testimony of a witness in an official proceed-
ing involving the testing and registering requirements of the permits.
Wastewater from the Greenfield publicly-owned treatment plan is discharged into a tributary of Dundaff
Creek, which flows into Tunkhannock Creek, which flows into the Susquehanna River. Wastewater from the
Benton/Nicholson facility flows into a tributary of South Branch Tunkhannock Creek, which also flows into
the Susquehanna River.
The charges were the result of a joint investigation by the EPA's Criminal Investigation Division, the Pennsyl-
vania Department of Environmental Protection, and the Federal Bureau of Investigations. The case was pros-
ecuted by a DOJ litigation team.
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EPA Bulletin: Oct 2020—Dec 2020
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Sentencings
Pennsylvania Biofuel Company and Owners Sentenced for Renewable Fuels Fraud Related
Crimes
Two biofuel company owners were sentenced to prison on October 20, 2020, for conspiracy and making false
statements to the U.S. Environmental Protection Agency (EPA), conspiracy to defraud the IRS and preparing a
false tax claim.
Ben Wootton, 55 of Savannah, Georgia, was sentenced to 70 months and Race Miner, 51, of Marco Island,
Florida, to 66 months, after a jury convicted both defendants and their company, Keystone Biofuels Inc.
(Keystone), in April 2019. The company was originally located in Shiremanstown, Pennsylvania, and later in
Camp Hill, Pennsylvania. Miner was the founder and chief executive officer of Keystone. Wootton was presi-
dent of Keystone, and a former member of the National Biodiesel Board. The court ordered both men to pay
restitution of $4,149,383.41 to the IRS and restitution of $5,076,376.07 to the Pennsylvania Department of
Environmental Protection. Wootton and Miner will also have to serve a three-year term of supervised re-
lease after their term of imprisonment. Keystone was sentenced to five years' probation and ordered to pay
restitution of $4,149,383.41 to the IRS and restitution of $5,076,376.07 to the Pennsylvania Department of
Environment Protection criminal fine.
"The EPA and IRS renewable fuels in-
centive programs are important com-
ponents of the Congressional program
to increase the use of biofuels to bene-
fit the environment," said Principal
Deputy Assistant Attorney General Jon-
athan D. Brightbill of the Justice Depart-
ment's Environment and Natural Re-
sources Division. "Today's sentences
are a strong reminder that the federal
government will not allow supposed
"green" conmen to illegally take ad-
vantage of federal and state programs
that are meant to offer financial incen-
tives to enhance the environment and
energy sustainability."
"The complex fraud perpetrated by the defendants in this case struck directly at the heart of a government
program that was specifically created to benefit the environment, business owners and the community at
large," said U.S. Attorney David J. Freed of the Middle District of Pennsylvania. "Encouraging companies to
develop and provide for sale clean renewable fuels is truly a win-win proposition for everyone. Unfortunate-
ly, the defendants used this program to benefit only themselves. Today's sentences send a clear message
that my office, our federal partners and the United States Department of Justice will not tolerate renewable
fuels fraud and related offenses."
"The defendants defrauded the IRS and sought to profit from a system intended to protect the environ-
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EPA Bulletin: Oct 2020—Dec 2020
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Sentencings
ment," said Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department's
Tax Division. "The Tax Division will continue to aggressively investigate and prosecute with our partners such
tax crimes."
"Today's sentencing demonstrates there are real penalties for those defrauding the Renewable Fuel Standard
(RFS) program," said Jessica Taylor, Director of the EPA's criminal enforcement program. "With this action
EPA and its enforcement partners are continuing to protect both the integrity of the RINs program and the
American taxpayer."
"Wootton and Miner actively engaged in a multimillion-dollar scheme designed to rob the government and
line their own pockets. Today, they learned there is a steep price to be paid for such greed," said Jim Lee,
Chief, IRS Criminal Investigation (IRS-CI). "It is the partnerships between IRS-CI and other federal agencies
like the EPA that allow cases like this to come to fruition, holding accountable those who seek to enrich
themselves through fraudulent means."
"The only green resource these two cared about was money, and they told lie after lie to perpetuate their
fraud," said Special Agent in Charge Michael J. Driscoll of the FBI's Philadelphia Field Office. "Fair warning to
anyone else seeking to scam the U.S. government and taxpayers like this: the FBI and our partners stand
ready to investigate and hold you accountable as well."
Wootton, Miner, and Keystone falsely represented that they were able to produce a fuel meeting the re-
quirements set by the American Society for Testing and Materials (ASTM) for biodiesel (a renewable fuel) and
adopted by the EPA, and as such were entitled to create renewable fuel credits, known as RINs, based on
each gallon of renewable fuel produced. The fuel and the RINs have financial value and could be sold and
purchased by participants within the federal renewable fuels commercial system.
Wootton and Miner were also convicted of fraudulently claiming federal tax refunds based on IRS's Biofuel
Mixture Credit. The Biodiesel Mixture Credit is a type of "blender's credit" for persons or businesses who mix
biodiesel with diesel fuel and use or sell the mixture as a fuel. Wootton and Miner caused Keystone to fraud-
ulently claim tax refunds based on non-qualifying fuel and, in at least some instances, non-existent or non-
mixed fuel. In an attempt to hide their fraud scheme, the men created false corporate books and records
and sham financial transactions to account for the nonexistent and non-qualifying fuel, and to create the ap-
pearance of legitimacy.
The prosecution of Wootton, Miner and Keystone is the first prosecution of a case under the federal renewa-
ble fuels program based on fuel that did not meet the program renewable fuel quality standards.
The case was investigated by EPA's Criminal Investigation Division, IRS Criminal Investigation and FBI Philadel-
phia's Harrisburg Resident. The case was prosecuted by a DOJ litigation team.
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Page 5 EPA Bulletin: Oct 2020—Dec 2020
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Sentencings
Environmental Services Business Owner Sentenced to 36 Months for Mail Fraud Conspiracy,
Theft from Employee Benefit Plans, and Unlawful Storage of Hazardous Waste
Aaron Micah Jamison, 45, who formerly resided in Lexington, South Carolina, was sentenced in federal court
on September 24, 2020, to 36 months in prison for theft from an employee benefits plan, conspiracy to com-
mit mail fraud, and unlawful storage of hazardous waste.
According to his plea agreement, Jamison was the CEO of Micah Group, LLC, which offered construction and
remediation services to the energy and environmental sectors. Jamison admitted that from March 4, 2016 to
October 30, 2016, he knowingly failed to remit employees' 401(k) contributions that had been withheld from
their paychecks, totaling over $30,000.00, and diverted them for his personal use and the use of his business-
es. Jamison also admitted that from April 2, 2017 through April 28, 2017, he failed to remit withheld pre-tax
health contributions of the Micah Group's employees to its health insurer, totaling $4,843.73.
The Micah Group also performed abandonment of ground water monitoring wells at numerous sites around
the state of Kentucky, including gas stations, convenience stores, and
other private property, and sought payment for such work from the Ken-
tucky Energy and Environment Cabinet. On multiple occasions, Jamison
admitted to signing documents falsely representing that the wells had
been properly abandoned in order to bring income to the Micah Group
and to ensure that him and other employees were paid. At sentencing,
the court determined that between 2013 and 2017, the false representa-
tions made by Jamison and his co-conspirators caused approximately
$640,000 in loss to the state.
u The defendant was
paid to transport haz-
ardous waste as de-
fined under the Resource
Conservation and Recovery
Act (RCRA). Mr. Jamison
chose to illegally store the
hazardous waste and place
the public, and environment
at risk."
—US Attorney
Finally, Jamison admitted to unlawfully storing hazardous waste at Micah
Group's premises at various points in time between January 2016 and
December 2017. Jamison pleaded guilty in January 2020.
"The defendant stole from his employees and lied to state authorities to
further his own interests," said Robert M. Duncan, Jr., United States
Attorney for the Eastern District of Kentucky. "His conduct not only financially harmed his employees and
caused the state to spend money to clean up his mess, but he also potentially put the public at risk by failing
to properly monitor ground water wells and store hazardous materials. I commend the cooperation and
work of the investigative agencies involved, as their efforts helped hold the defendant accountable for his
actions."
"The defendant was paid to transport hazardous waste as defined under the Resource Conservation and Re-
covery Act (RCRA). Mr. Jamison chose to illegally store the hazardous waste and place the public, and envi-
ronment at risk" said Special Agent in Charge Charles Carfagno of the EPA's Criminal Investigation Division in
Atlanta, GA.
"Criminal acts like this directly impact participants in employee benefit plans by compromising their hard-
earned benefits and eroding confidence in those chosen to manage their trust. The U.S. Department of La-
bor's Employee Benefits Security Administration is committed to ensuring the integrity of employee benefit
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EPA Bulletin: Oct 2020—Dec 2020
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Sentencings
programs," said Employee Benefits Security Administration Regional Director Joe Rivers, in Cincinnati,
Ohio.
Under federal law, Jamison must serve 85 percent of his prison sentence. Upon his release, he will be under
the supervision of the U.S. Probation Office for 3 years. In addition, Jamison was ordered to pay $640,638.31
in restitution.
U.S. Attorney Duncan, SAC Carfagno, and Director Rivers made the announcement.
The investigation was conducted by the United States Secret Service, EPA's Criminal Investigation Division
and Office of Inspector General, and the United States Department of Labor with assistance by the Kentucky
Energy and Environment Cabinet. A DOJ litigation team prosecuted the case.
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Sentencings
Cin-Air Ordered to Pay $90k Fine for Jet Fuel Spill in Ohio
Cin-Air LP pleaded guilty and was sentenced in U.S. District Court on October 6, 2020, for violating the Clean
Water Act by causing and mishandling a jet fuel leak in March 2019 at Lunken Airport in Cincinnati, Ohio.
The company was sentenced to one year of probation and ordered to pay a $90,000 fine. As part of its proba-
tion, the company will provide training to all employees on spill prevention and cleanup. It will also publish a
full-page acknowledgment of its conduct in Business Air's FBO.
According to the plea document, on March 21, 2019, Cin-Air's fuel pump at the Lunken Airport airplane hang-
ar was inadvertently left running overnight after a mechanic refueled an airplane.
A safety switch called the "dead man switch" had
been previously altered with a zip tie, causing the
switch to permanently stay in the open position.
When Cin-Air employees reported to work the morn-
ing of March 22, they discovered the fuel pump had
been running all night and leaking. It was estimated
that more than 3,000 gallons of fuel had spilled from
the pump during the night.
Cin-Air never notified to the National Response Cen-
ter and waited approximately six hours before notify-
ing the Cincinnati Fire Department. Before calling the
fire department, company employees washed down
the spill area with water into a nearby storm sewer.
Emergency crews traced the fuel spill to a cove of the
Little Miami River. No jet fuel was observed in the
main river channel.
Efforts were made to contain and clean up the spill,
and it is estimated 1,700 gallons of fuel were recov-
ered. Cin-Air contributed approximately $220,000
toward nearly $440,000 in cleanup costs.
"The defendant's negligence resulted in a fuel spill that contaminated the Little Miami River, a tributary of
the Ohio River," said Special Agent in Charge Jennifer Lynn of EPA's criminal enforcement program in Ohio.
"Today's sentencing demonstrates that EPA and our law enforcement partners are committed to enforcing
laws designed to protect the health of our communities and our natural resources."
The case was investigated by EPA's Criminal Investigation Division and prosecuted by a DOJ litigation team.
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EPA Bulletin: Oct 2020—Dec 2020
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Sentencings
Former Sioux City, Iowa Wastewater Treatment Plant Shift Supervisor Sentenced for
Violating the Clean Water Act - Rigged Environmental Testing for Years
Patrick James Schwarte, age 71, from Sioux City, Iowa was sentenced on November 9, 2020 for conspiring to
rig environmental testing at the Sioux City Wastewater Treatment Plant (WWTP).
Schwarte received the sentence after a January 23, 2019, guilty plea to one count of conspiracy and one
count of knowingly falsifying, tampering with, and rendering inaccurate a monitoring device or method re-
quired to be maintained under the Clean Water Act,
The evidence at the guilty plea and sentencing hearings showed that Schwarte was employed at the Sioux
City Wastewater Treatment Plant for over 30 years, most recently as shift supervisor. Schwarte maintained a
wastewater treatment certification from the State of Iowa's Department of Natural Resources (IDNR) and
possessed extensive training and experience in municipal wastewater treatment.
The WWTP is a large regional
sewage treatment plant for
wastewater from industrial,
commercial, and residential
sources throughout
Siouxland, including Ser-
geant Bluff, Iowa, South
Sioux City, Nebraska, North
Sioux City, South Dakota,
and Dakota Dunes, South
Dakota. The WWTP's more
than 20 industrial users pro-
duce a large volume of high-
strength wastewater. Under
a Clean Water Act (CWA)
permit, the WWTP was re-
quired to treat wastewater
before discharging it into the Missouri River, which has heavy local recreational use. Between March 15 and
November 15 each year, when public use of the Missouri River was at its highest levels, the WWTP was also
required to disinfect its wastewater to remove potentially dangerous human pathogens, including fecal coli-
form bacteria or E. coli.
The WWTP treated its wastewater with liquid chlorine, which kills bacteria but is potentially toxic to aquatic
life. The WWTP's permit required WWTP to periodically test its wastewater not only for the presence of fe-
cal coliform bacteria or E. coli, but also total residual chlorine (TRC) levels, to ensure that the Missouri River
was not polluted.
From July 2012 through June 2015, Schwarte and his direct supervisor, the WWTP Superintendent, tampered
with the monitoring methods at the WWTP in order to ensure the WWTP would pass all of its tests. Specifi-
cally, early in the morning on testing days for bacteria, Schwarte and the Superintendent instructed first-shift
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EPA Bulletin: Oct 2020—Dec 2020
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Sentencings
operators at the WWTP to increase the rate of liquid chlorine supplied to the wastewater. After an hour or
two passed, and an artificially high level of chlorine was fully mixed into wastewater, they ordered the
WWTP's first-shift operators to use hand-held colorimeters to gauge the levels of chlorine. Only when the
colorimeter "maxed out" would the Superintendent take a sample for fecal coliform bacteria or E. coli. This
fraudulent procedure allowed for the chlorine in the wastewater to reach sufficient concentrations to avoid
showing elevated levels of fecal coliform bacteria or E. coli, which would violate the WWTP's CWA per-
mits. The WWTP never reported any exceedances of its CWA permit limits for bacteria or residual chlorine
after July 2012.
The liquid chlorine rate was increased from about 2.5 gallons per hour, to somewhere between 70 to 120 gal-
lons per hour, for up to two hours. On non-testing days, WWTP employees maintained the chlorine feed rate
at minimal levels, well below the designed feed rate of the WWTP and at a rate clearly insufficient to ensure
the WWTP consistently and adequately disinfected its wastewater, as the WWTP's CWA permits re-
quired. The engineering firm that designed the liquid chlorine feed system at the WWTP estimated that ap-
proximately 16.7 gallons of chlorine would need to be fed per hour to properly kill bacteria.
Then, in the afternoon on fecal coliform bacteria or E. coli testing days, well after the high amounts of chlo-
rine had dissipated from the WWTP's chlorine contact basin, and when an insufficiently low rate of liquid
chlorine was supplied to the basin, Schwarte and the Superintendent would test again for TRC. In the after-
noon, they were certain the TRC would pass, because only a minimal rate of liquid chlorine was supplied to
the chlorine contact basin at that time. Again, this minimal rate was clearly insufficient to ensure the WWTP
consistently and adequately disinfected its wastewater, as required.
The WWTP was also not operated or maintained in good working order, which also violated the WWTP's per-
mit. For example, the WWTP's computer system was not only insufficiently connected and inadequately pro-
grammed to work with the various parts of the WWTP, but also it worked only intermittently. Although the
WWTP was designed to have two operational chlorine contact basins, for years the City operated the WWTP
with only one operational chlorine contact basin. Because both chlorine contact basin gates were "old and
very leaky," as reflected in an engineering report provided to the City in April 2012, wastewater constantly
poured into the "offline" chlorine contact basin and later, out of the "offline" chlorine contact basin and into
the Missouri River.
Schwarte was sentenced to two years of probation, including two months of home confinement, and fined
$5,000.
"Patrick Schwarte intentionally cheated on environmental tests, knowing he was violating the Sioux City
Wastewater Treatment Plant's environmental permit and polluting the Missouri River," said United States
Attorney Peter E. Deegan, Jr. "By doing so, he put recreational users at risk and endangered the river's
aquatic life. This blatant disregard for the law and reprehensible treatment of one of our nation's treasured
waterways was nothing short of outrageous."
The case was investigated by EPA's Criminal Investigation Division, EPA's Office of Inspector General and the
FBI. The case was prosecuted by a DOJ litigation team.
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Sentencings
Former EPA Fugitive Sentenced on Wire Fraud Charges in Connection with Dumping of
Radioactive Drilling Waste in North Dakota
James Kenneth Ward, 58, of Belgrade, Montana, was sentenced on October 22, 2020 to four months in pris-
on (the time he had served in custody) and two years of supervised release, U.S. Attorney Kurt Alme said.
Ward admitted dumping radioactive contaminants from oil drilling at an abandoned gas station in North Da-
kota, instead of properly disposing of the waste as hired to do, Ward pleaded guilty in July to wire fraud.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered Ward to pay a $2,500 fine
and $9,977 restitution.
"Mr. Ward's actions not only defrauded a company that had hired him to properly dispose of oil drilling
waste but they also put the environment and the public at risk by deliberately abandoning the contaminated
materials at an unsecure, defunct gas station property. Those who poison the environment for persona! gain
will be caught and prosecuted," U.S. Attorney Kurt Alme said.
"The defendant in this case en-
gaged in a fraudulent scheme that
resulted in a serious threat to
public health in the form of im-
properly disposed of radioactive
waste." said Lance Ehrig, Assistant
Special Agent in Charge of EPA's
Criminal Enforcement Program in
Montana. "Today's sentencing
demonstrates the EPA's commit-
ment to protecting public health
and holding accountable those
who defraud consumers."
The prosecution said in court doc-
uments that from 2011 until
2014, Ward contracted with Zen-
ith Produced Water, LLC, to properly incinerate and dispose of filter socks, which are tubular nets that collect
pollutants and radioactive materials from saltwater produced from drilling and developing oil. Zenith Pro-
duced Water, a Colorado company that owned and operated saltwater disposal wells, paid Ward $9,977 to
properly dispose of the filter socks. Instead of disposing the filter socks as agreed, Ward dumped the filter
socks at an abandoned gas station in Noonan, N.D. Zenith Produced Water would never have paid Ward the
money if it knew he was going to dump the filter socks in an abandoned gas station. Ward deposited some of
the checks he received from Zenith Produced Water in a bank in Deer Lodge.
The case was investigated by EPA's Criminal Investigation Division. A joint DOJ/EPA litigation team prosecut-
ed the case.
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EPA Bulletin: Oct 2020—Dec 2020
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Plea Agreements
Quincy, Massachusetts Man Pleads Guilty After Selling Lanyards with False Claims of
Protection Against COVID-19 Virus and Other Bacteria
Jiule Lin, 38, pleaded guilty on December 20, 2020 to an Information charging him with one count of distribu-
tion and sale of an unregistered pesticide. Lin pleaded guilty in federal court in Boston to selling a lanyard
that falsely claimed to protect against viruses.
"At the height of a raging pandemic killing thousands of people a day, this defendant tried to profit from con-
ning people into believing that a pesticide-coated lanyard would protect them from viruses like COVID-19.
This was dangerous, opportunistic fraud," said United States Attorney Andrew E. Lelling. "We wiil always
pursue these kinds of cases -1 have zero tolerance for people who take advantage of the fears of others dur-
ing a national health crisis."
"Bogus claims by sellers claiming to offer products that control viruses continues to pose a risk to consumers
nationwide," said Tyler Amon, Special Agent in Charge for U.S. Environmental Protection Agency (EPA) Crimi-
nal Investigation Division for New England. "EPA and our law enforcement partners will continue to focus
efforts on stopping the sale of these illegal products. Consumers can help protect themselves by visiting
epa.gov/coronavirus for a list of EPA approved disinfectant products."
Beginning in March and April 2020, Lin listed for sale on eBay
an unregistered pesticide, "Toamit Virus Shut Out," to buyers
across the United States. Based on Lin's eBay listing, the pesti-
cide took the form of a card-shaped device to be worn as a
lanyard around the user's neck. The eBay listing depicted the
removal of germs or viruses through the wearing of the de-
vice. Other online listings for the same product included the
explicit claim that the product would protect the buyer or
wearer of the product from viruses or bacteria, stating that
the product's main ingredient was chlorine dioxide and
showed images of the device's purported removal of bacteria,
germs and viruses.
Under the Federal Insecticide, Fungicide and Rodenticide Act
(FIFRA), the EPA regulates the production, sale, distribution
and use of pesticides in the United States. A pesticide is any substance intended for preventing, destroying,
repelling, or mitigating any pest, including viruses. Pesticides must be registered with the EPA. Toamit Virus
Shut Out was not registered, and it is illegal to distribute or sell unregistered pesticides.
"HSI remains committed to investigating individuals and companies who seek to exploit our citizens through
criminal means. Fraudulent schemes that have an effect on the health and safety of the public, especially
during a national pandemic, are deplorable," said David Magdycz, Acting Special Agent in Charge, Homeland
Security Investigations (HSI), Boston. "Comprising legitimate trade and endangering American citizens is a
serious offense. HSI will continue to work hand in hand with our federal partners and the United States Attor-
ney's Office to pursue this criminal activity."
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EPA Bulletin: Oct 2020—Dec 2020
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Plea Agreements
The charging statute provides for a sentence of up to one year in prison and a fine of $25,000. Sentences are
imposed by a federal judge based on the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by EPA's Criminal Investigation Division, the U.S. Postal Inspection Service - Bos-
ton Division, Homeland Security Investigations, the U.S. Food and Drug Administration's Office of Criminal
Investigation - New York Field Office, and the Quincy Police Department. The Assistant U.S. Attorney for
DOJ's Major Crimes Unit is prosecuting the case.
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Plea Agreements
Providence, Rhode Island Ice Company to Plead Guilty to Longstanding Clean Air Act
Violations
According to documents filed in U.S. District Court in Providence, an East Providence ice company is set to
plead guilty to violating the Clean Air Act by repeatedly failing to implement a Risk Management Plan (RMP)
to be executed in the event of an accidental release of anhydrous ammonia, an extremely hazardous sub-
stance.
According to court documents, J.P. Lillis Enterprises, Inc., D/B/A Cape Cod Ice, a cold storage warehouse and
ice manufacturing facility that stores up over 10,000 pounds of anhydrous ammonia at its facility located on
the banks of the Seekonk River, in an industrial area near a residential area, and in the vicinity of an elemen-
tary school, was assessed a civil penalty by the Environmental Protection Agency as far back as 2012 for fail-
ing to develop and submit an RMP, and since has been repeatedly found to contain equipment in need of re-
pair to avoid a potential release of anhydrous ammonia.
Subsequent inspections by EPA, OSHA, and the East Providence Fire Department found the existence of cor-
rosion on ammonia-carrying pipes and on the facility's high- pressure ammonia receiver, the failure of corro-
sion-preventing insulation on the pipes, and inadequaO.te inspection, testing, and maintenance of the ammo-
nia piping and receiver.
United States Attorney Aaron L. Weisman and Tyler Amon, Special Agent in Charge of the Environmental Pro-
tection Agency Criminal Investigation Division Boston Area Office, announced that Cape Cod Ice has agreed to
pay a $90,000 fine; serve a term of three years federal supervised release; and will, within 90 days of sen-
tencing, engage a qualified independent ammonia refrigeration consultant to conduct an audit that (1) evalu-
ates Cape Cod Ice's compliance with the Clean Air Act and address deficiencies identified by the EPA, OSHA,
and East Providence Fire Department and (2) includes a required maintenance inspection program.
According to a Plea Agreement filed in this matter, Cape Cod Ice will submit to the United States Attorney's
Office and to United States Probation within 30 days of the completion of the audit an action plan to address
the findings of the audit and a timeline of completion of actions to be taken by the company.
According to court documents, in 2015, Cape Cod Ice repaired the corroded receiver and certified to OSHA
that it had corrected the cited violations. Cape Cod Ice provided OSHA a preventative maintenance program
contract with an outside consultant as evidence of its corrective actions; that contract was never signed or
implemented.
Cape Cod Ice also sent to OSHA a process hazard analysis performed by an outside consultant which con-
tained recommendations to prevent a catastrophic ammonia release; all recommendations were not imple-
mented.
Outside consultants also performed an audit of the RMP Program and a mechanical integrity inspection
which contained recommendations; all recommendations were not implemented.
In January of 2017, EPA sent a letter to Cape Code Ice, urging Cape Cod Ice to ensure compliance with the
RMP requirements. In April of 2017, EPA inspected the facility and again observed numerous violations of the
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RMP and PSM regulations, including the existence of corrosion on ammonia-carrying pipes and on the facili-
ty's high-pressure ammonia receiver, and the failure of corrosion-preventing insulation on the pipes. In June
of 2017, EPA also issued an Administrative Compliance Order to Cape Cod Ice.
In May of 2017, the East Providence Fire Department inspected the facility and issued a Notice of Violation
finding, among other things, that ammonia piping was rusted and showed signs of excessive corrosion, with
areas that had moldy insulation or no insulation; and that the ammonia receiver was corroded. The Fire De-
partment ordered the facility to come into compliance. Cape Cod Ice has submitted reports to the East Provi-
dence Fire Department and to EPA indicating that it has taken steps to bring the facility into compliance.
The case was investigated by EPA's Criminal Investigation Division. The case is being prosecuted by a joint
DOJ/EPA litigation team.
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New York Man Admits Illegal Sale of Unregistered Pesticide Imported from Nigeria to
Individuals Throughout United States
Ori November 10, 2020, a New York man admitted to knowingly distributing and selling to individuals
throughout the United States, an unregistered pesticide imported from Nigeria, U.S Attorney Craig Carpenito,
announced.
Jude Chukwuebuka Amadike, 62, of Elmont, New York, pleaded guilty before U.S. Magistrate Judge Joseph A.
Dickson in Newark federal court to an information charging him with one count of knowingly distributing or
selling an unregistered pesticide in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).
According to court documents filed in this case and statements made in court:
FIFRA provides for federal regulation of pesticide distribution, sale, and use to ensure that pesticides sold in
the United States are safe, effective, and bear labeling containing true and accurate information. The Envi-
ronmental Protection Agency (EPA) has responsibility under FIFRA to regulate the manufacture, labeling, and
distribution of all pesticides shipped or received in interstate commerce. All pesticides must be registered
with the EPA before the pesticide can be sold or distributed, and no person may distribute or sell a pesticide
that has not been registered with the EPA.
From Sept. 15, 2016, through Nov. 14, 2018, Amadike sold an unregis-
tered pesticide called Sniper DDVP on Amazon and eBay to customers in
at least 22 states, including New Jersey. The investigation into these
sales revealed that the defendant procured this pesticide by importing it
from a Nigerian supplier. One such purchase in December 2017 revealed
an import of approximately 798 pounds of Sniper DDVP.
On Nov.14, 2018, law enforcement executed a search warrant at the
Amadike's home and recovered 1,728 bottles of the unregistered pesti-
cide. Laboratory testing of samples taken from these bottles revealed
each sampled bottle to contain the chemical dichlorvos, which has been
classified by EPA as a probable human carcinogen.
The illegal sale of an unregistered pesticide carries a statutory maximum
prison sentence of one year and a fine of up to $25,000. Sentencing is
scheduled for March 16, 2021.
U.S. Attorney Carpenito credited special agents of the U.S. Environmental Protection Agency, Criminal Inves-
tigation Division, under the direction of Special Agent in Charge Tyler C. Amon; special agents of the U.S. De-
partment of Homeland Security, Homeland Security Investigations, New Jersey Division, under the direction
of Special Agent in Charge Jason J. Molina; and officers of U.S. Customs and Border Protection, under the di-
rection of Troy Miller, Director of Field Operations, New York Field Office, with the investigation leading to
the guilty plea.
A DOJ litigation team is prosecuting the case.
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there had been no observed oil sheens at Hussey's outfalls for the prior thirteen months, when, in fact, as
Hussey admitted, the company's internal logs reflected dozens of sheen observations during that time. More-
over, as part of its guilty plea, Hussey admitted that it did not make an affirmative, required report to regula-
tory authorities of the presence of oil sheens at its outfalls until June 2018—and even then its reporting was
incomplete. To that end, Hussey's oil-sheen reporting in June 2018 referenced sheens observed on three spe-
cific days, despite the fact that Hussey's own internal logs documented observed sheens on fifteen additional
days during the relevant month, including multiple sheens during the same week.
As a condition off Hussey's probation, the company is also required to enter into a civil Consent Decree with-
in 180 days of judgment in this case in connection with a pending parallel civil investigation, pursuant to
which Hussey will implement a comprehensive environmental compliance program at its Leetsdale facility.
Upon entry of such Consent Decree, Hussey's probation in the criminal matter will terminate.
The EPA's Criminal Investigation Division conducted the investigation and the case is being prosecuted by a
joint DOJ/EPA litigation team.
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Pittsburgh Area Copper Processing Company Pleads Guilty to Felony Violations of the Clean
Water Act—Ordered to Pay $550,000 Criminal Fine
On December 15, 2020, a copper-processing company headquartered in Leetsdale, Pennsylvania, pleaded
guilty in federal court to three counts under the Clean Water Act, United States Attorney Scott W. Brady an-
nounced.
United States District Court Judge William S. Stickman, IV, accepted the guilty plea of Libertas Copper, LLC D/
B/A Hussey Copper ("Hussey") to one count each of submitting a false discharge monitoring report, discharg-
ing a quantity of oil that may be harmful to the environment, and failing to make immediate, required notifi-
cation of such discharge of oil. Judge Stickman also proceeded directly to sentencing and ordered Hussey to
pay a $550,000 fine and serve a three-year term of probation.
During the hearing, Hussey was represented by its Chief Executive Officer, who made admissions on behalf of
the company. The Court was advised that Hussey operated a manufacturing facility on the Ohio River that
produced flat-rolled copper products for the electrical distribution, industrial, and residential construction
markets. Hussey also managed wastewater generated as a result of its copper processing via a wastewater
treatment plant (WWTP). The WWTP discharged wastewater via designated internal and external outfalls,
including outfalls on the Ohio River. Hussey further admitted that at all relevant times, it operated pursuant
to the terms of a National Pollution Discharge Elimination System (NPDES) permit issued by the Pennsylvania
Department of Environmental Protection (PADEP), as authorized by the federal Clean Water Act.
As part of its guilty plea, Hussey admitted that its NPDES permit set specific discharge limits for copper and
oil, among other parameters. Hussey's NPDES permit also required the company to submit discharge moni-
toring reports (DMRs) on a monthly basis to PADEP, documenting the quantity and quality of the discharges
authorized by its NPDES permit during the preceding month. Each DMR was required to be signed and certi-
fied as to its accuracy by a responsible corporate officer on behalf of Hussey. Hussey further acknowledged
that between at least June 2012 and continuing through at least May 2017, the company knowingly sub-
mitted numerous falsified DMRs to PADEP, indicating that various discharges from its outfalls were within
applicable permit limits, when in truth and in fact Hussey's own internal sampling data showed that such dis-
charges had exceeded the relevant limits. Hussey also admitted reporting false values in monthly DMR sub-
missions to PADEP as to at least 140 parameters subject to discharge limits, including a substantial number of
copper discharges. The false parameter values reported to PADEP concealed permit exceedances on at least
21 monthly DMRs.
Separate from the alleged DMR falsifications, Hussey also admitted engaging in a years-long pattern of dis-
charging oil in a quantity sufficient to generate oil sheens on the Ohio River, in violation of the Clean Water
Act. Between at least January 2012 and continuing until at least 2018, Hussey admitted that it documented in
internal logs hundreds of observed oil sheens at two of the company's outfalls on the Ohio River. Notwith-
standing these documented observations, Hussey admitted that it did not report any of the observed oil
sheens to EPA or PADEP, as required by the Clean Water Act. Further, after PADEP issued a notice of violation
to Hussey in June 2015, following a citizen complaint of an oil sheen at the company's outfall, the company
admitted that a responsible corporate officer responded to the state agency that Hussey would report any
future oil sheens. The next year, in July 2016, a responsible corporate officer communicated to PADEP that
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Environmental Lab Analyst Pleads Guilty to Falsifying Test Results in Ohio
U.S. Attorney Justin Herdman announced that Andrew K. Ecklund, age 57, of Tallmadge, OH entered a plea of
guilty to an indictment charging him with nine counts of wire fraud.
Joining U.S. Attorney Justin Herdman in the announcement were Jennifer Lynn, Special Agent in Charge of
the EPA's Criminal Investigation Division in Ohio; Patrick J. Hegarty, Acting Special Agent in Charge of the DCIS
Northeast Field Office; Special Agent in Charge L. Scott Moreland of the U.S. Army Criminal Investigation
Command's (Army CID) Mid-Atlantic Fraud Field Office and Ohio Attorney General Dave Yost.
According to court documents, Ecklund was previously employed as a laboratory analyst with an environ-
mental testing company operating in Northeast Ohio. The company was paid to analyze environmental sam-
ples for organizations and government agencies across the United States and to do so according to U.S. EPA
regulations. As a laboratory analyst, Ecklund was responsible for testing the samples for the presence and
concentration of hazardous substances using industry standards, methodology and quality control measures.
On nine separate occasions between on or about January 3, 2012, and on or about July 25, 2015, when con-
ducting quality control testing measures, Ecklund took steps to make it appear that the samples had passed
the testing measures, when in fact, they had failed. In particular, Ecklund manipulated the tune and calibra-
tion portions of the quality control process and, in doing so, invalidated the sample analysis. By disguising
these invalid tests and making them appear valid, Ecklund was able to increase his productivity by avoiding
having to shut down his instruments for repair and not retesting the samples, as required by EPA regulations.
As a result of his actions, the test results provided by the company to their customers were invalid.
"Deliberately falsifying the test results of a process that is in place to keep people safe and healthy shows a
reckless disregard for the well-being of your fellow man," said U.S. Attorney Justin Herdman. "We are grate-
ful for the actions of our partner agencies in this investigation in order to catch this behavior and put an end
to it."
"Both environmental regulators and the regulated community rely on accurate laboratory results to make
important decisions on the protection of human health and the environment," said Special Agent in Charge
Jennifer Lynn of EPA's Criminal Investigation Division in Ohio. "Quality control is one of the most important
aspects of sample analysis. This plea demonstrates that analysts who cover up failed quality control
measures and then misrepresent test results will be held accountable."
"The integrity of the DoD procurement process is a top priority for the Defense Criminal Investigative Service
(DCIS)," stated Acting Special Agent in Charge Patrick J. Hegarty, DCIS Northeast Field Office. "The defend-
ant's guilty plea is the result of a joint investigative effort and demonstrates the DCIS' commitment to work
with the USAO-NDO, the EPA-CID and the Army CID, to ensure that claims submitted to the U.S. Department
of Defense for the testing of environmental samples are valid and supported by accurate documentation."
After the laboratory testing was complete, the company was required to submit an analysis report to its cus-
tomers detailing the results. Each report identified the laboratory analyst who conducted the testing and de-
scribed any deviations from the testing methodology, including the quality control measures. On his analysis
reports, Ecklund failed to disclose that the samples had not passed the quality control measures and the ac-
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tions he took to make it appear that they had passed. Ecklund is scheduled to be sentenced on March 8,
2021.
The investigation preceding the indictment was conducted by EPA's Criminal Investigation Division, The U.S.
Army Criminal Investigation Command Major Procurement Fraud Unit, The Department of Defense Criminal
Investigative Service, Ohio EPA and the Ohio Attorney General's Office. The case was prosecuted by DOJ.
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Idaho Dairy Farm and Its Owner Plead Guilty to Clean Water Act Violation
4 Brothers Dairy, Inc. (4 Bros.) and its owner, Andrew Fitzgerald, 60, of Shoshone, Idaho, pleaded guilty on
October 30, 2020 to unlawful discharge of pollutant into a water of the United States, a misdemeanor viola-
tion of the Clean Water Act, announced U.S. Attorney Bart M. Davis.
According to court records, 4 Bros, is a dairy and concentrated animal feeding operation (CAFO) operating in
Shoshone with at least 1,000 head of cattle. It maintains waste-water lagoons that are adjacent to the Milner
-Gooding Canal, which flows to the Malad River and on to the Snake and Columbia Rivers. In the winter sea-
son of 2017, record precipitation, record snowpack, and flooding occurred, leading to extreme runoff at the 4
Bros, property. In February 2017, during this period of flooding, 4 Bros, and Fitzgerald negligently caused dis-
charges of manure laden water into the Milner Gooding Canal at three locations.
"My office takes very seriously the responsibility of protecting Idaho's precious natural resources," said U.S.
Attorney Davis. "We will not hesitate to hold accountable any company or individual that pollutes United
States waterways located in Idaho. This prosecution reflects what can be accomplished by working collabora-
tively with the EPA and our partner agencies in the State of Idaho."
For the violation, 4 Bros., faces up to five years of probation
and a fine of up to $25,000 per day of violation. Fitzgerald
faces up to one year in prison and up to one year of super-
vised release or up to five years of probation and a fine of
up to $25,000 per day of violation.
As part of the plea agreements, the parties have jointly rec-
ommended that 4 Bros, pay a fine of $95,000 and that Fitz-
gerald pay a fine of $35,000. In addition, 4 Bros, has agreed
to submit a Notice of Intent to seek coverage under the En-
vironmental Protection Agency's CAFO National Pollution
Discharge Elimination System permit program for Idaho.
"We are all responsible for keeping our communities safe ;
and protecting our natural resources. 4 Brothers' Dairy and
its owner, Andrew Fitzgerald, failed in this regard when
they allowed hundreds of thousands of gallons of manure to enter the Milner-Gooding Canal, a tributary to
some of Idaho's most treasured waterways," said Scot Adair, Special Agent in Charge of EPA's Criminal Inves-
tigation Division in the Northwest. "Today's guilty plea demonstrates that we will hold violators accountable
for breaking our environmental laws."
This case was investigated by EPA's Criminal Investigation Division, the Idaho Department of Environmental
Quality, the Idaho Department of Agriculture, and the Lincoln County Sheriff's Office. The case is being pros-
ecuted by DOJ.
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Oregon Dairy Pleads Guilty to Violating Clean Water Act
Myrtle Point, Oregon based Valley Crest Foods, Inc. (Valley Crest), a creamery, pleaded guilty on October 8,
2020 to repeatedly discharging milk and other pollutants into the public water treatment facility which
caused waste water with elevated E Coli bacteria to enter the South Fork of the Coquille River, resulting in a
public health advisory, announced U.S. Attorney Billy J. Williams.
"The United States Attorney's Office takes seriously any business, corporation, or individual that bypasses
federal environmental laws to maximize profits." said Billy J. Williams, U.S. Attorney for the District of Ore-
gon. "We will continue to aggressively prosecute individuals and corporations whose illegal conduct threat-
ens our region's natural resources and public health."
"We are all responsible for keeping our communities safe and protecting our natural resources, and you
can't send significant amounts of corrosive wastes down the drain and expect the sewage treatment process
to work properly - especially after being told repeatedly that it would not. Today's guilty plea demonstrates
that we will hold violators responsible - even criminally responsible where that is warranted - for breaking
our environmental laws" said Jessica Taylor, Director of EPA's Criminal Investigation Division.
According to court documents, in
2017 and 2018, Defendant Valley Crest
Foods, Inc. was regularly discharging
wastewater to the sewer system that
caused disruptions at the City of Myr-
tle Point's publicly owned treatment
works (POTW). These disruptions re-
sulted in the POTW's inability to effec-
tively process the waste it received
from the local community. I
Specifically, Valley Crest turns raw milk I
into finished milk products such as half I
and half, whole milk (4%), and differ-
ent percentages there after 2%, 1%, and skim (0%). The investigation determined the equipment at the facili-
ty would occasionally "back up" or "clog." When such clogs occurred, employees would drain the milk prod-
ucts from the equipment and then clean the system. During cleaning, the clogs would break free. Clogs
based on the investigation, ranged up to several hundred gallons or more at a time. When the clogs were
dislodged, a "slug" or "slug load" of milk would flow directly into the sewer system and the sewage treat-
ment plant where it overwhelmed the treatment process.
The Defendant was regularly discharging slugs of milk that interfered with the normal disinfectant process,
causing the POTW to discharge waste with elevated bacteria (E. coli) levels to the South Fork of the Coquille
River, in violation of the City's Clean Water Act discharge permit. As a result, on several of those occasions,
the levels of bacteria were significant enough that it led to public service announcements warning the com-
munity to avoid using the river.
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On October 7, 2020, Valley Crest appeared before Magistrate Judge Mustafa Kasubhai, and entered a plea of
guilty to the criminal information charging four counts of violating title 33 of the Clean Water Act. Valley
Crest was ordered to pay a fine of $20,000 per count.
The investigation was conducted by EPA's Criminal Investigation and is being prosecuted by a joint DOJ/EPA
litigation team.
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Trials and Settlements
Pesticide Smuggler Convicted by Federal Jury in California
On November 5, 2020, a federal jury found Veronica Perez of Hemet, California, guilty of smuggling an unreg-
istered Mexican pesticide into the United States.
After a three-day trial, the jury found that Perez concealed twenty containers of Fosfuro de Zinc (zinc phos-
phide) in her purse, and failed to declare them at the border when she attempted to cross into the United
States from Mexico on July 11, 2019. The jury returned its verdict late yesterday.
According to the EPA, zinc phosphide is an extremely toxic rodenticide, and the ingestion of small amounts
can cause death in animals and humans. In fact, consumption of a single bait zinc phosphide pellet can be
lethal to a small bird or mammal. Ingestion of seven drops to one teaspoon of zinc phosphide would likely kill
a 150-pound person. After it is ingested, the zinc phosphide reacts with acid in the stomach, producing phos-
phine gas, which blocks cells from making energy, killing the cells. Phosphine gas can also be produced in the
stomach if zinc phosphide dust is inhaled and swallowed after clearing from the lungs. Phosphine gas is ex-
tremely toxic and damages the heart, brain, kidney, and liver.
"There's a reason these toxic chemicals are restricted
in the United States," said U.S. Attorney Robert Brew-1
er. "This verdict serves as a warning that violators will
be prosecuted as part of our best effort to protect
people and the environment from deadly pesticides."
Brewer commended prosecutors Melanie Pierson
and Steve DaPonte, and federal agents with Home-
land Security Investigations and the U.S. Environmen-
tal Protection Agency, Criminal Investigations Divi-
sion, for their excellent work to achieve justice in this
matter.
"Illegal pesticides contain very dangerous and toxic
chemicals, and their use jeopardizes public safety,
pollutes the environment, and puts people's health
at risk," said Cardell T. Morant, Special Agent in Charge of Homeland Security Investigations (HSI). "These
unregistered substances can be very harmful, and HSI and our partners at EPA-CID, CBP, and the U.S. Attor-
ney's Office are committed to working together to stop these deadly pesticides from entering the United
States."
"The pesticides involved in this case pose serious public health and environmental dangers," said Special
Agent in Charge Scot Adair of EPA's Criminal Investigation Division in California. "The verdict in this case
demonstrates that individuals who intentionally violate smuggling and environmental protection laws will be
held responsible for their crimes."
The case was investigated by EPA's Criminal Investigation Division and Homeland Security Investigations.
This case was prosecuted by DOJ.
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Indictments/Information
Managers Of Queens, New York Business Charged with Selling Ineffective Covid-19 Air
Sanitizer
On November 2020, in federal court in Brooklyn, New York, Po Shan Wong and Zhen Wu of JCD Distribution
Inc. (JCD) made their initial appearances before United States Magistrate Judge Sanket J. Bulsara on a crimi-
nal complaint charging the defendants with selling "Virus Shut Out Cards," which they marketed as air sanitiz-
ers designed to kill the novel coronavirus (COVID-19), but which have not been demonstrated to be effective
in treating or preventing the virus. Specifically, the defendants are charged with conspiring to distribute and
sell one or more pesticides that are not registered with the United States Environmental Protection Agency
(EPA) and that are adulterated or misbranded. The defendants surrendered to authorities this morning.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, Philip R. Bartlett, In-
spector-in-Charge, United States Postal Inspection Service, New York Division (USPIS), and Tyler Amon, Spe-
cial Agent-in-Charge, United States.Environmental Protection Agency, New York Region (EPA), announced the
arrests.
As alleged in the complaint, between May 2020 and July 2020, Po Shan Wong served as the General Manag-
er, and Zhen Wu served as Sales Manager at JCD which maintained a business address in College Point,
Queens. During that time, the defendants and JCD advertised "Virus Shut Out Cards" on the company's web-
site and Facebook page, and marketed and sold these products to customers by phone, making various un-
tested claims regarding the effectiveness of the cards. For example, JCD's Facebook page claimed that the
cards emit chlorine dioxide and, thereby, serve as "portable space disinfection and sterilization cards" with a
"sterilization rate at 99%." In fact, chlorine dioxide—a gas—is a bleaching agent and a pesticide as defined by
Federal Insecticide, Fungicide and Rodenticide Act.
JCD's Facebook page also contained images that depicted a blue card, approximately the size of a credit card,
being used by children and adults. For example, the images showed the blue card worn on a lanyard around
a woman's neck, hung from the lapel of a man's suit jacket, hung from the pocket of a medical doctor's white
coat, attached to a boy's backpack and a girl's stroller, and attached to computer monitors. JCD's Facebook
page also claimed that the cards "replace masks." JCD sold the cards in minimum quantities of 50, charging
$9.50 per card.
Random samples of the "Virus Shut Out Cards" were tested by the EPA's National Enforcement Investigations
Center and found to contain sodium chlorite in amounts sufficient to convert into chlorine dioxide when ex-
posed to the water vapor and carbon dioxide in the air. Breathing air with sufficiently high concentrations of
chlorine dioxide may cause difficulty breathing, irritation in the nose, throat and lungs, shortness of breath,
chronic bronchitis and other respiratory problems.
"The brazenly false claims allegedly promoted by the defendants about their product potentially endangered
the public not only by claiming to protect against the Covid-19 virus, but also by exposing users to the health
hazard posed by a misbranded pesticide," stated Acting U.S. Attorney DuCharme. "The Department of Jus-
tice is working closely with its law enforcement partners to protect the public from those who exploit the
global pandemic to enrich themselves."
"The COVID-19 pandemic has opened a flood gate of fraudsters whose only goal is to take advantage of the
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Indictments/Information
public with bogus and unsubstantiated claims of virus protection products, such as this one. Consumers
should be skeptical of any device, elixir, lotion or potion claiming to prevent or cure COVID-19 because to
date, there is no such product. Postal Inspectors are working hard to stop these fraudsters in their tracks,"
stated USPIS Inspector-in- Charge Bartlett.
"American consumers continue to be at risk from the illegal sale of products making bogus claims about
effectiveness against viruses," stated EPA Special Agent-in-Charge Amon. "EPA and our law enforcement
partners will continue focusing our efforts on stopping these illegal sales and holding criminal opportunists
accountable for their actions. Consumers can help protect themselves by visiting epa.gov/coronavirus for a
list of EPA-approved disinfectant products."
The charge in the complaint is an allegation, and the defendants are presumed innocent unless and until
proven guilty. If convicted of the charge, they face up to one year in prison.
The investigation of this matter was conducted by EPA's Criminal Investigation Division. The prosecution is
being handled by DOJ's General Crimes Section.
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Indictments/Information
Pittsburgh Water and Sewer Authority to Plead Guilty to Clean Water Act Violations;
Former Treatment Plant Supervisor Indicted
The Pittsburgh Water and Sewer Authority (PWSA), headquartered in downtown Pittsburgh, Pennsylvania,
was charged by criminal information in federal court and a former supervisor has been indicted for violating
the Clean Water Act, United States Attorney Scott W. Brady announced on November 18, 2020.
The Pittsburgh Water and Sewer Authority has been charged and will plead guilty to one count of violating its
National Pollutant Discharge Elimination System Permit (the NPDES Permit) by discharging sludge into the
Allegheny River. The Authority will also plead guilty to seven counts of making false statements in written re-
ports about the amount of sludge it was sending the ALCOSAN's waste treatment facility. Under the terms of
the plea agreement, PWSA will agree to adhere to the terms of a comprehensive Environmental Compliance
Program to correct the violations of federal law and to prevent further unlawful pollution of the Allegheny
River.
In a related matter, former Aspinwall Drinking Water Treatment Plant supervisor Glenn Lijewski, 69, of Pitts-
burgh, was indicted on November 12, 2020, and charged with one count of conspiracy to violate the Clean
Water Act and two counts of violating the PWSA's Clean Water Act Industrial User Permit. The indictment
alleges that Lijewski was directly responsible for the unauthorized discharge of clarifier sludge into the Alle-
gheny River in violation of the PWSA's NPDES Permit. It further alleges Lijewski directed other plant employ-
ees to discharge sludge into the river. Finally, the indictment alleges Lijewski directed employees to use esti-
mated sludge flow numbers instead of actual numbers, and that the use of these estimated numbers violated
PWSA's Industrial User Permit.
"For seven years, the Pittsburgh Water and Sewer Authority has failed to meet its public trust obligations in
complying with the Clean Water Act during the production of drinking water for the citizens of Pittsburgh,"
said U.S. Attorney Brady. "Today's criminal charges shed light on years of mismanagement and malfeasance.
The Department of Justice and the Environmental Protection Agency are committed to protecting you and
your families by ensuring that the water you drink is produced safely and that the area's rivers are not pollut-
ed with waste."
"The people of Pittsburgh deserve and expect local utilities to obey environmental requirements that protect
natural resources," said EPA Special Agent in Charge Jennifer Lynn. "The defendants in this case are accused
of dumping sludge into the Allegheny River. Today's charges show that EPA and our law enforcement part-
ners are committed to enforcing regulations that help protect our communities from environmental and
health hazards."
The Criminal Information filed alleges that PWSA violated its NPDES Permit when its employees at the Aspin-
wall Drinking Water Treatment Plant discharged sludge generated during the drinking water treatment pro-
cess into the Allegheny River. During this process various chemicals are added to water drawn from the Alle-
gheny River. These chemicals cause small particles suspended in the water to clump together. Afterwards,
the partially treated water is transferred to two large sedimentation basins where solids and debris settle
out. The water is then transferred back to the Aspinwall Plant where it was subjected to a clarification pro-
cess. This took place in a facility known as the Clarifier Building, which contains four large concrete basins
known as clarifiers. The addition of chemicals to the water promoted the generation of additional clumps of
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Indictments/Information
solids which settled on the bottom of each clarifier and were pumped to a large concrete structure located
near the banks of the Allegheny River. The solids were referred to as sludge and the large concrete pit was
referred to as "the sludge pit," "the ALCOSAN pit," or "FM-5." FM-5 had pipes that led to the Allegheny River
and sewer line.
Under the terms of its NPDES Permit, PWSA was only permitted to discharge storm runoff water and partially
treated drinking water that needed to be emptied out of a clarifier prior to cleaning and repairs. That water
was referred to as "clarifier blowdown." PWSA was not permitted to discharge clarifier sludge into the Alle-
gheny River.
Instead, between 2010 and May 2017, PWSA employees and supervisors at the Aspinwall Plant diverted and
discharged sludge into the Allegheny River. By using electronic or manual controls at FM- 5, the employees
caused the sludge to flow from FM-5 to a discharge point known as Outfall 012 and then into the Allegheny
River.
At various points, plumes of discolored water, some of which were several hundred feet long, and solids
were visible in the river. Over time, the sludge discharge resulted in a buildup of solids. Employees at the As-
pinwall Plant referred to the buildup as an island. Birds were also observed walking on the island when the
river levels were low. The river's currents dissipated the island over time, but the island would reappear
when new discharges occurred.
PWSA had also been issued a Clean Water Act Industrial User Permit by ALCOSAN. Under the terms of this
permit, PWSA was permitted to ship one million gallons of sludge per day to ALCOSAN's waste treatment fa-
cility. The permit required PWSA to determine the daily amount of sludge through the use of a meter. PWSA
installed flow meters at FM-5 and at the clarifier basins. The readings from the meters had to be included in
bi-annual reports PWSA was required to submit under the penalties of perjury to ALCOSAN.
The flow meters at two of the clarifier basins broke in or around late December 2014 or early January 2015.
The meter at FM-5 also broke and was inactive by early 2015. As a result, PWSA supervisors at the plant in-
structed the plant's operators to estimate the amount of sludge flowing from the clarifier basins to FM-5 and
from there to the ALCOSAN facility. These estimates were also included in the reports PWSA sent to
ALCOSAN. These reports also represented that PWSA's employees periodically checked the calibration of the
sludge flow meters to ensure they were within factory limits.
Each report was signed by a PWSA representative as being "true, accurate, and complete."
In July 2019, PWSA's management obtained approval from PWSA's Board of Directors for funds in "the
amount of $47,852,71 to furnish and install four new flow meters for the sludge valves associated with each
of the four clarifiers at the Aspinwall Water Treatment Plant." On January 15, 2020, investigators from the
EPA, an attorney from the United States Attorney's Office, and an attorney from EPA, Criminal Enforcement
visited the Aspinwall Plant to interview employees and tour the facility. Part of the tour included a walk
through the Clarifier Building and past the meters. No mention as to the inoperability of the meters was
made. The following day, two of PWSA's employees informed the investigators and the prosecutors that two
of the meters were broken and had been for years. In February 2020, PWSA replaced the sludge flow meters,
more than five years after they had broken.
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Indictments/Information
Under the terms of the plea agreement PWSA will be placed on probation for a period of three years. In lieu
of a fine, PWSA will be required to pay $500,000 into a self-funded Compliance Fund. Under the terms of the
plea agreement, PWSA is not permitted to use the fund's cost as a justification for any rate increase proposal
it may submit to the Pennsylvania Public Utility Commission. The fund will be used to pay for comprehensive
environmental compliance program to which PWSA must adhere. This program will be subject to the approv-
al of the United States Attorney's Office and will focus on the production of drinking water; PWSA's compli-
ance with it NPDES and Industrial User Permits; and the proper storage of chemicals at the plant. The United
States Attorney's Office and the EPA will monitor implementation of the plan during PWSA's period of proba-
tion. PWSA will also be required to provide annual environmental audits to the United States Attorney's
Office and the EPA. These audits will also be available on the Authority's website for the public's benefit.
PWSA will also be required to install an Environmental Compliance Manager at the Aspinwall Plant. This indi-
vidual will be authorized to receive complaints and conduct investigations concerning environmental issues
occurring at the plant.
For Lijewski, the law provides for a maximum term of imprisonment of five years as to the Conspiracy count
and three years for a violation of a Clean Water Act Industrial User Permit. There are also potential fines as-
sociated with these crimes. Under the Federal Sentencing Guidelines, the actual sentence imposed would be
based upon the seriousness of the offense and the prior criminal history, if any, of the defendants.
Assistant United States Attorney Michael Leo Ivory and Martin Harrell, a criminal enforcement attorney with
EPA Region 3 Office of Regional Counsel, are prosecuting this case on behalf of the government.
The Environmental Protection Agency conducted the investigation that led to the prosecution of the Pitts-
burgh Water and Sewer Authority.
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