The Empire Strikes Back: How to Prepare & Respond to Environmental Criminal Investigations
Defending corporations, individuals, and governmental entities who are under criminal investigation by EPA.
Objectives for our discussionCriminal Investigation Division organizational awareness.
EPA-CID & LDEQ-CID
EPA-CID - 11 Area Offices.
Dallas Area Office.
SAC and RAC authorities.
Answer directly through chain to Washington, D.C.
LDEQ-CID located in Baton Rouge
Office of the Secretary
How & why environmental criminal investigations are initiated and conducted.
A Bad Day for the Environmental Manager. Does everyone know why the environmental manager is referred to as the corporate DF?
2. The internal conflict between production and environmental.
3. Smart executives should structure corporate management to assure environmental considerations are part of production decisions.
-- straw man or actual authority?
EPA-CID Criminal Investigative CriteriaENVIRONMENTAL HARM
Threat of Significant Harm.
Failure to Report an actual discharge.
Violation represents a trend in industry.
Deliberate misconduct resulting in violation
Concealment of misconduct or falsification of records
Tampering with monitoring or control equipment
Business operating without a permit or required documentation.
History of Repeated Violations.
Operational ActivitiesInterviews - no Miranda
Consensual Phone Monitors
Surveillance techniques - Active and Passive
Search Warrants and Grand Jury PracticePlan in place
A response team
Criminal lawyers in place of Civil lawyers
The Dreaded Subpoena
Meeting the Prosecutor and Understanding their position - Seeking the "declination" (indirectly)
Greenhouse gases & other EPA guidance
Corporate Size Matters!
Lyin' cheatin' stealin'
Knowingly doesn't ordinarily require "regulatory knowledge."
Do you want to stay OUT OF JAIL? Get ahead of this process and don't allow it to control you...