Month: July 2022

Source: United States Department of Justice News

SHREVEPORT, La. – Two young men from Shreveport were sentenced late yesterday to federal prison for firearms violations, United States Attorney Brandon B. Brown announced. Chief United States District Judge S. Maurice Hicks, Jr. sentenced the two men as follows:

Shelby Alvin Chapple, 30, of Shreveport, was sentenced to 84 months in prison, followed by 3 years of supervised release.

On October 18, 2020, a Shreveport Police officer patrolling Hollywood Avenue shortly after midnight attempted to stop a car after observing it swerve across the center dividing line multiple times.  When the officer activated his cruiser’s overhead lights and siren, the car refused to pull over and, instead, drove through several red lights at high speed.  The car eventually turned down a residential street and shutoff its running lights to avoid detection.

During the ensuing police pursuit, the car slowed to a near stop when the driver, later identified as Chapple, jumped from the driver’s seat with the car still in drive and sprinted in between several homes while carrying a handgun loaded with a high-capacity magazine.  A police K-9 team eventually located Chapple who was hiding in a wooded area behind the homes.  Police found the loaded handgun on the ground where Chapple had discarded it.  After being advised of his Miranda rights, Chapple admitted to police that he possessed that gun and threw it before his arrest.  At the time of this incident, Chapple was on parole for a prior felony weapons offense.

This case was investigated by the ATF and Shreveport Police Department and prosecuted by Assistant U.S. Attorney Mike Shannon.

The second defendant sentenced was Decoby J. Office, 20, of Shreveport, who received a 24 month prison sentence, followed by 2 years of supervised release.

In this case, a Shreveport Police Department officer tried to stop a car being driven by Office on June 3, 2021.  The car fled and during the ensuing pursuit, Office threw a Glock 9mm handgun from the vehicle. Officers were able to recover the weapon and eventually the pursuit ended, and Office was arrested. A Shreveport Police Department officer searched the car and discovered a loaded magazine below the driver’s seat, where Office had been seated.  Office possessed the firearm and ammunition knowing that he was prohibited from doing so. His prior felony conviction is for illegal use of a weapon in 2021 in Caddo Parish, Louisiana.  

This case was investigated by the ATF and Shreveport Police Department and prosecuted by Assistant U.S. Attorney Leon H. Whitten.

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Source: United States Department of Justice News

MACON, Ga. – U.S. Attorney Peter D. Leary has elevated three Assistant U.S. Attorneys (AUSAs) to leadership roles within the 70-county U.S. Attorney’s Office for the Middle District of Georgia.

Assistant U.S. Attorney Leah McEwen has been named the Deputy Criminal Chief; Assistant U.S. Attorney Amy Helmick will become the Branch Chief for the Columbus, Georgia, Division; and Assistant U.S. Attorney Lance Simon will serve as the Senior Litigation Counsel (SLC) for the Civil Division. These three attorneys join recently promoted First Assistant U.S. Attorney and Criminal Chief Shanelle Booker, Civil Chief Kevin Abernethy and Senior Litigation Counsel (SLC) for the Criminal Division Robert McCullers to comprise the legal leadership in the office.

“These individuals are highly qualified and have displayed both wisdom and passion in their pursuit of justice on behalf of the people they serve,” said U.S. Attorney Peter D. Leary. “It’s critically important to the larger mission that our Office continues to develop a cutting-edge team dedicated to making our communities safer and upholding justice for all.”

Deputy Criminal Chief Leah McEwen will supervise the Albany and Valdosta Divisions in her new role, overseeing criminal cases involving hundreds of defendants annually. Deputy Criminal Chief McEwen has served as both Senior Litigation Counsel (SLC) and Director of the Organized Crime and Drug Enforcement Task Force (OCDETF) program. A career prosecutor, she worked as a Dougherty County Assistant District Attorney before turning to federal prosecution, joining the Albany Criminal Division in 2005. Deputy Criminal Chief McEwen’s expertise includes leading large multi-agency drug and criminal gang prosecutions. She successfully prosecuted the nation’s first criminal case involving an unlicensed drone operator who attempted to drop drugs into a Georgia prison and was invited to share her knowledge with national OCDETF leadership. Deputy Criminal Chief McEwen frequently provides training to prosecutors and law enforcement on criminal legal issues and was named Georgia’s Arson Prosecutor of the Year. A native of the Middle District of Georgia, she earned both her undergraduate and law degrees from Mercer University, with high honors.

Assistant U.S. Attorney Amy Helmick will become the new Branch Chief for the Columbus, Georgia, Division, effective July 17. Assistant U.S. Attorney Helmick joined the office in 2018, serving in both the Civil and Criminal Divisions. Before becoming a federal prosecutor, AUSA Helmick clerked for several years for U.S. District Judge Clay Land and U.S. Magistrate Judge Stephen Hyles, both of the U.S. District Court for the Middle District of Georgia, and she also worked for a Columbus-based law firm. AUSA Helmick’s experience ranges from violent crime prosecutions to large-scale fraud cases. She has worked on high-profile civil cases defending the United States and is the Border Security Coordinator for the Office. AUSA Helmick will manage the second-largest staffed Division within the District. A graduate of the University of Georgia School of Law and Furman University, AUSA Helmick was admitted to multiple honor societies and academic groups. Born in Georgia, she is active in the Columbus community, volunteering with both civic and religious organizations, and is currently on the executive committee for the Columbus Inn of Court.

Assistant U.S. Attorney Lance Simon will serve as the new Senior Litigation Counsel (SLC) for the Civil Division. Before joining the Middle District in 2018, AUSA Simon served in two components of the Department of Justice in Washington, D.C.: first as an attorney with the Civil Rights Division, Disability Rights Section, then as a Senior Attorney in the Office of Chief Counsel for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Previously, AUSA Simon clerked for Justice Ayala Procaccia of the Supreme Court of Israel and worked with a private law firm in Atlanta. Since 2020, he has served on the adjunct faculty of Mercer University School of Law. As the Civil Division’s SLC, AUSA Simon will focus on high-profile civil cases at the district court and appellate levels and develop training opportunities for attorneys and community stakeholders. AUSA Simon is the first openly LGBTQ person to serve in a leadership role within the Office. He received his law degree from Tulane University Law School and his undergraduate degree from the University of Georgia, graduating with high honors. A first generation American, AUSA Simon grew up in Marietta, Georgia.

The Middle District of Georgia encompasses 70 of Georgia’s 159 counties, and includes Albany, Athens, Columbus, Macon and Valdosta with a population of approximately 2,045,000 people. The office is responsible for prosecuting federal crimes in the District, including crimes related to terrorism, public corruption, child exploitation, fraud, firearms, illegal gangs and narcotics. The office also defends the United States in civil cases and collects debts owed to the United States.

Source: United States Department of Justice News

The Justice Department, the Environmental Protection Agency (EPA) and the Louisiana Department of Environmental Quality (LDEQ) announced a settlement with PCS Nitrogen Fertilizer L.P. (PCS Nitrogen), to remedy hazardous waste issues at its former fertilizer manufacturing facility in Geismar, Louisiana.

This settlement resolves alleged violations of the Resource Conservation and Recovery Act (RCRA) at the facility, including that PCS Nitrogen failed to properly identify and manage certain waste streams as hazardous wastes. These corrosive (acidic) hazardous wastes were illegally mixed with process wastewater and phosphogypsum from phosphoric acid production. The resulting mixture of wastes was disposed of in surface impoundments. The settlement requires PCS Nitrogen to treat over one billion pounds of acidic hazardous process wastewater over the next several years. The acidic hazardous process wastewaters will be contained in the phosphogypsum stack system and then treated in the newly constructed water treatment plant. The settlement also regulates the long-term closure of PCS Nitrogen’s phosphogypsum stacks and surface impoundments for over 50 years and requires PCS Nitrogen to ensure that financial resources will be available for environmentally sound closure of the facility. PCS Nitrogen will provide over $84 million of financial assurance to secure the full cost of closure and pay a civil penalty of $1,510,023.

“This settlement requires treatment of all contaminated wastewater accumulated at the PCS Nitrogen facility, thus protecting sensitive wetlands and the Mississippi River,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “PCS Nitrogen also will secure the full cost of closure with $84 million in financial assurance to protect taxpayers, demonstrating our continued commitment to hold this industry accountable both for past violations and future contingencies.”

“This settlement requires PCS Nitrogen to treat over one billion pounds of hazardous waste and take steps to ensure that the long-term closure of its facility is protective of the environment,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance. “This is a very important outcome as the facility is located in an area prone to hurricanes and the financial assurance secured will protect taxpayers from paying future closure and cleanup costs.”

“This settlement represents a lot of hard work by LDEQ enforcement and legal staffs who joined their EPA counterparts in drafting this settlement,” said LDEQ Secretary Dr. Chuck Carr Brown. “It will provide a protective solution for decades to come.”

PCS Nitrogen manufactured phosphate products in Louisiana for agriculture and industry from the 1960s to 2018, including phosphoric acid and phosphate fertilizer, through processes that generated large quantities of acidic wastewater and a solid material called phosphogypsum. The phosphogypsum was deposited and remains in large piles (some over 100 acres large and 200 feet high) referred to as phosphogypsum stacks. Acidic wastewaters are stored in the phosphogypsum stacks and surface impoundments. The facility is now undergoing closure.

The settlement requires PCS Nitrogen to comply with RCRA requirements to make RCRA hazardous waste determinations and properly manage all hazardous wastes in its phosphogypsum stacks and surface impoundments. This injunctive relief will be governed by the terms of the consent decree and by administrative agreements, permits, and/or orders issued by LDEQ under its authorized state program, and subject to EPA’s authorities under RCRA or any other applicable law. Additionally, PCS Nitrogen has completed certain site assessment and remedial activities pursuant to EPA and Louisiana regulations.

The EPA has completed judicial and administrative settlements with 13 phosphate fertilizer facilities across the United States, all requiring extensive injunctive relief and financial assurance to bring their operations into compliance with RCRA.

A consent decree formalizing this settlement with PCS Nitrogen was lodged today in the U.S. District Court for the Middle District of Louisiana and is subject to a 45-day public comment period and approval by the federal court. The consent decree can be viewed at the Department of Justice website: www.justice.gov/enrd/Consent_Decrees.html.