United States Orders Matador Production Company to Reduce Unlawful Air Pollution from its Oil and Gas Wells in New Mexico, Eliminating 16,000 Tons of Harmful Air Pollutants

Source: United States Department of Justice News

Matador Production Company has agreed to pay a penalty and ensure compliance with both state and federal clean air regulations at all 239 of its New Mexico oil and gas well pads to resolve unlawful operations alleged in a civil complaint filed today under the Clean Air Act and state regulations.

The complaint, filed jointly by the United States, on behalf of the U.S. Environmental Protection Agency (EPA), and the New Mexico Environment Department (NMED), alleges that Matador failed to capture and control air emissions from storage vessels; comply with inspection, monitoring and recordkeeping requirements; and obtain required state and federal permits at 25 of its oil and gas production operations in New Mexico. NMED and EPA identified the alleged violations through flyover surveillance and field investigations conducted in 2019.

The consent decree, filed together with the complaint, requires Matador to ensure that all 239 of its well pads in New Mexico are operated lawfully. Under the settlement, Matador will spend at least $2.5 million to implement extensive design, operation, maintenance and monitoring improvements, including installing new tank pressure monitoring systems that will provide advance notification of potential emissions and allow for immediate response action by the company.

“Air quality in the Permian Basin is at risk of not meeting national standards,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We will continue to work with the State of New Mexico to ensure that oil and gas production operations are operating within the law to improve air quality and public health in surrounding communities.”

“Matador’s facilities unlawfully released air pollutants associated with several types of respiratory illnesses and that contribute to global warming,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of Enforcement and Compliance Assurance. “This settlement will not only improve air quality for neighboring communities but also assist with our national effort to slow climate change.  It will also help ensure that Matador does not profit from its violations of environmental laws.”

Matador’s compliance with the consent decree will result in a reduction of more than 16,000 tons of pollutants, including oxides of nitrogen (NOx), volatile organic compounds (VOCs) and carbon monoxide (CO). VOCs and NOx are key components in the formation of ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma, and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis. In addition, as a co-benefit of these reductions, the consent decree will result in significant reductions of greenhouse gas emissions, including reducing methane – a powerful greenhouse gas, by more than 31,000 tons, measured as carbon dioxide (CO2) equivalent. This is similar to the amount of greenhouse gas reductions that would be achieved by taking 6,060 gasoline powered vehicles off the road for one year. Greenhouse gases from human activities are a primary cause of climate change and global warming. 

As part of the settlement, Matador also will pay a civil penalty of $1.15 million to be split between the United States and the State of New Mexico. In addition, Matador will spend no less than $1.25 million on a supplemental environmental project involving diesel engine replacements, which will result in significant reductions of harmful air pollutants and help address the environmental harm caused by the company’s previous violations. Matador will also spend another $500,000 to conduct aerial monitoring of its facilities for leaks of methane and other pollutants and to address any problems identified. Finally, Matador will spend approximately $800,000 to offset the harm caused by the alleged violations by reducing emissions from pneumatic devices and vapor recovery units used in its oil and gas operations.

The Clean Air Act (CAA) requires the EPA to set National Ambient Air Quality Standards (NAAQS) for criteria pollutants that are considered harmful to public health and the environment. Ozone, CO and nitrogen dioxide (NO2, a component of NOx) are criteria pollutants emitted by oil and gas production facilities, such as those operated by Matador where the alleged violations occurred. During the timeframes of Matador’s alleged violations, air quality monitors in the relevant counties in New Mexico registered rising ozone concentrations exceeding 95% of the NAAQS for ozone. In counties where ozone levels reach 95% of the NAAQS, NMED is required by New Mexico state statute to take action to reduce ozone pollution.

Matador is an independent oil and gas producer engaged in the exploration, development, production and acquisition of oil and natural gas resources in the United States. The company is a large producer in the New Mexico portion of the Permian Basin, which is a shale oil and gas producing area located in southeast New Mexico and west Texas.

This settlement is part of EPA’s National Enforcement and Compliance Initiative, Creating Cleaner Air for Communities by Reducing Excess Emissions of Harmful Pollutants.

The consent decree is available for public viewing at www.justice.gov/enrd/consent-decrees. The United States will publish a notice of the consent decree’s lodging with the U.S. District Court for the District of New Mexico in the Federal Register and will accept public comment for 30 days after the notice is published. The Federal Register notice will also include instructions for submitting public comment.

U.S. Department of Justice Announces Nearly $300 Million in Federal Grants to Support Local Law Enforcement

Source: United States Department of Justice News

            CONCORD – The Department of Justice’s Office of Community Oriented Policing Services (COPS Office) has announced the release of approximately $300 million in grant solicitations for programs that advance community policing, keep students safe, and add law enforcement officers to our nation’s streets.

“These grant solicitations could not have come at a better time, as our law enforcement partners are operating with significant staffing shortages and working every day to reignite community faith in our profession,” said U.S. Attorney Jane Young. “I urge departments throughout the Granite State to take advantage of these funding opportunities.”

“These grant solicitations represent the Justice Department’s commitment to keeping our children safe in their schools and assisting law enforcement agencies across the country with the ongoing recruitment and retention crisis,” said Associate Attorney General Vanita Gupta. “Supporting community violence intervention programs, and the law enforcement agencies that partner with them, is not only a priority of the Department, but is critical to the safety and success of future generations.”

The announced solicitations include $224.5 million available for the COPS Hiring Program (CHP), which is a competitive award program that provides direct funding for the hiring of career law enforcement officers. The COPS Office intends to prioritize applications for jurisdictions that support Community Violence Intervention (CVI) programs, seek to hire officers that would engage with community stakeholders to involve them in strategic operations and planning, and implement hiring practices to help agencies mirror the racial diversity of the communities that they serve. All local, state, Tribal, and territorial law enforcement agencies that have primary law enforcement authority are eligible to apply.

Funding also includes $73 million for the School Violence Prevention Program (SVPP). This program provides funding to improve security at schools and on school grounds in the grantees’ jurisdictions through evidence-based school safety programs. Awards will be provided directly to eligible state, local, Tribal, and territorial partners. Recipients of SVPP funding must use funding for the benefit of K-12, primary, and secondary schools, and students.

Please visit https://cops.usdoj.gov/grants for additional information about both the COPS Hiring Program and the School Violence Prevention Program.

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New York Woman Found Guilty of Charges For Actions During Jan. 6 Capitol Breach

Source: United States Department of Justice News

            WASHINGTON – A New York woman has been found guilty in the District of Columbia of felony charges for her actions during the breach of the U.S. Capitol on Jan. 6, 2021. Her actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Maryann Mooney-Rondon, 56, of Watertown, New York, was found guilty on March 27, 2023, of obstruction of an official proceeding, and aiding and abetting the theft of government property. U.S. District Court Judge Jia M. Cobb in the District of Columbia returned the verdict after a trial in which Mooney-Rondon and the government agreed upon a stipulated set of facts regarding her conduct.

            According to court documents, on Jan. 6, 2021, Mooney-Rondon, attended a rally on the Ellipse and then marched to the Capitol, where she and her son Rafael Rondon, who pleaded guilty in December 2022, illegally entered the grounds. The two entered the Capitol Building at approximately 2:23 p.m. through the Senate Wing Door. They moved through the building and, at approximately 2:32 p.m., entered the office suite of the Speaker of the House. They then moved into a conference room, where they assisted an unidentified male in the theft of a laptop computer. They later moved to the Senate Gallery, where each stole a satchel containing an emergency escape hood, a filtering respiratory protective device maintained for members of Congress and staff. They exited the Capitol Building at approximately 2:52 p.m.

            Mooney-Rondon was arrested on Oct. 1, 2021, in Syracuse, New York. A sentencing hearing is scheduled for July 18, 2023. She faces a statutory maximum of 20 years in prison for obstruction of an official proceeding, as well as potential financial penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Northern District of New York.

            The case is being investigated by the FBI Albany Field Office and the FBI’s Washington Field Office, which identified Mooney-Rondon as #225 in its seeking information photos.  Valuable assistance was provided by the Metropolitan Police Department and the U.S. Capitol Police.

            In the 26 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 320 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Carrabelle Man Sentenced To 84 Months In Federal Prison For Child Pornography

Source: United States Department of Justice News

TALLAHASSEE, FLORIDA – Franklin Jefferson Mathes, Jr., 59, of Carrabelle, Florida, has been sentenced to 84 months in federal prison for receiving material constituting child pornography. The sentence was announced by Jason R. Coody, United States Attorney for the Northern District of Florida.

“The safety and well-being of our children is paramount,” stated U.S. Attorney Coody. “Those who seek to view and maintain child pornography facilitate the abuse of children by those who produce and profit from this illegal content, robbing our children of their innocence and their very childhood. With our law enforcement partners, we will hold such offenders accountable.”

Between September 2018, and July 2022, Mathes received, and possessed material containing child pornography. The pornographic material found in Mathes’ possession involved minors under the age of 12.

“This sentencing demonstrates the commitment of the FBI to investigate cases of child pornography and work with our U.S. Attorney’s Office partners to hold them accountable,” said Sherri E. Onks, Special Agent in Charge of the FBI Jacksonville Division. “We will stop at nothing to protect children from those who engage in this type of activity, and we have now ensured one less predator is victimizing the most innocent and vulnerable members of our community.”

Mathes’ prison sentence will be followed by 20 years of supervised release. He will also be required to register as a sex offender and will be subject to all sex offender conditions.

This conviction was the result of an investigation conducted by the Federal Bureau of Investigation and the Florida Department of Law Enforcement. The case was prosecuted by Assistant United States Attorney Meredith L. Steer.

The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office for the Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

Laboratory Corporation of America Agrees to Pay $2,100,000 to Settle False Claims Act Allegations Related to Overbillings on Department of Defense Contracts

Source: United States Department of Justice News

Baltimore, Maryland – Laboratory Corporation of America (“Labcorp”) has agreed to pay the United States $2,100,000 to resolve allegations that it violated the federal False Claims Act by overbilling the Department of Defense (“DoD”) for genetic tests performed by GeneDx, LLC, a third-party reference laboratory used by Labcorp to perform genetic tests for military members. 

The civil settlement was announced by United States Attorney for the District of Maryland Erek L. Barron, Special Agent in Charge of the Defense Criminal Investigative Services, Mid-Atlantic Field Office, Christopher W. Dillard, and Special Agent in Charge of the Department of the Army Criminal Investigation Division’s Major Procurement Fraud Field Office, L. Scott Moreland.

“Federal contractors are required to bill for costs actually incurred.  The U.S. Attorney’s Office and our partners are committed to protecting taxpayer dollars and ensuring integrity and compliance with government contracts,” said U.S. Attorney Erek L. Barron.   

“This settlement demonstrates DCIS’ vigorous commitment to investigate false claims related to DoD contracts. The submission of truthful and accurate documentation for payment by health care entities is essential to the integrity of DoD contracts,” said Special Agent in Charge Christopher W. Dillard, DCIS Mid-Atlantic Field Office. “DCIS proudly stands with our investigative law enforcement partners and with the support of the Defense Health Agency to root out fraud, waste and abuse.”

“We are very pleased with today’s announcement,” said Special Agent-in-Charge L. Scott Moreland of the Department of the Army Criminal Investigation Division’s Major Procurement Fraud Field Office. “This is a true testament to our continued commitment to work closely and seamlessly with our outstanding fellow law enforcement agencies to protect the financial interests of the United States Army and the United States Government as a whole.”

In 2012, LabCorp entered a contract with DoD to perform laboratory testing at all DoD Military Treatment Facilities throughout the world.  Certain specialized tests performed on the DoD contract, including genetic tests involving fetuses and parents, were performed by GeneDx as a reference lab for Labcorp.  GeneDx would invoice Labcorp for these genetic tests and Labcorp would in turn invoice DoD.  According to the settlement agreement, from December 1, 2013 through June 30, 2021, LabCorp double and/or triple billed DoD for genetic tests performed by GeneDx; overcharged DoD for genetic tests performed by GeneDx; and inappropriately billed DoD for tests performed by GeneDx when LabCorp could not later locate evidence of a (i) DoD requisition form, (ii) GeneDx test result, and/or (iii) corresponding GeneDx invoice. 

The civil settlement resolves a lawsuit filed by Donna Hecker-Gross, a former employee of Labcorp, under the whistleblower provision of the False Claims Act.  The False Claims Act permits private parties to file suit on behalf of the United States for false claims and obtain a portion of the government’s recovery.  The civil lawsuit is captioned United States ex rel Donna Hecker-Gross v. Laboratory Corporation of America, Inc. PX 18-3459 (D. Md).  As part of the settlement, the Ms. Hecker-Gross will receive $357,000. 

The claims resolved by this settlement are allegations.  The settlement is not an admission of liability by LabCorp nor a concession by the United States that its claims are not well-founded.

United States Attorney Erek L. Barron commended the Defense Criminal Investigative Service and the Army Criminal Investigation Division for their work in this investigation.  Mr. Barron thanked Assistant U.S. Attorneys Thomas Corcoran and Sarah Marquardt, who handled the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to report fraud, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/report-fraud.   

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