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11/13/2024
WT Staff
 Knowledge of an environmental crime? Give us a call at 877-52-WATER (877-529-2837), or email info@watertoday.ca
November 13, 2024 120 pm PST
CWA CrimeBox
Environmental Crimes Historic Conviction: Fiscal Year 2010; Case ID# CR_2006 (California)
Interpol hunt to track down environmental criminals makes successful use of EPA Fugitives website
One of 72 Clean Water Act Criminal Prosecutions in the State of California (from 1989-2023)
The defendants in this case are ship brokering business based in Malta, the President and owner of the ship brokering business and an employee of the business. The employee was charged with conspiracy to discharge pollutants under the Clean Water Act, along with uttering false statements. The corporate defendant was charged with a single count felony violation of the Clean Water Act and the President of the company was charged with making a false statement related to the conspiracy.
The President and employee defendants in this case were among the first individuals listed on the EPA Fugitives website, here. According to the EPA, the "web tool is designed to enlist the public and other law enforcement agencies in tracking down fugitives accused of violating environmental laws and evading arrest."
The incident around which these charges arose occurred in 2005-2006, concerning a 150 ft fishing vessel called F/V Maru, owned by the defendant. The vessel was docked in San Diego for construction-renovation work which produced concrete waste, scrap metal and metal grinding waste materials. A tip to the US Coast Guard indicated that waste was being dumped off the vessel at night. Investigators filed a six-count indictment with Southern District of California charging the defendants with conspiracy, unlawful discharge of pollutants, unlawful discharge of plastics, and three counts of false statements.
From the EPA court briefing records, "Interpol issued a Wanted Persons Diffusion and Red Notice for both O'Connor and Smith in the fall of 2008. Both were suspected of being in Malta. A new Extradition Treaty between the United States of America and the Government of Malta went into effect on July 1, 2009. Based on a tip to the EPA Fugitive Website and an extensive investigation conducted by EPA’s Criminal Investigation Division (CID), Naval Criminal Investigative Service special agents assigned to Malta, and the FBI, the government confirmed that (defendant) was residing in Malta. He was arrested there on July 15, 2009 and was extradited to the U.S. in October 2009." After the first arrest, the employee defendant turned himself in to authorities, was sent back to the USA to face charges in 2009.
Federal district judge sentenced the employee defendant to time served in remand following the arrest, extradition and time to trial, approximately four months, $100 special assessment fee and three years of probation. The corporation was fined $70,000 with a year of probation. The President-owner defendant was ordered to pay a special assessment of $400 and a year of probation.
Incarceration: 4 months; Federal Fine: $70,000; Special Assessments:$500; Probation: 60 months
CWA CrimeBox briefs are compiled from EPA Criminal Enforcement records.
See last week's CrimeBox here, Dredge material dumped illegally off Winter Island in violation of Clean Water Act results in $1.5 million penalty
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