Source: United States Department of Justice Criminal Division
A Puerto Rico man was sentenced today to 14 months in prison, three years of supervised release and a $10,000 fine for the destruction and filling of wetlands in violation of the Clean Water Act.
According to court documents, between January 2020 and December 2023, Awildo Jimenez-Mercado, 41, removed mangroves from wetlands within and around the Jobos Bay National Estuarine Research Reserve (JBNERR) in Las Mareas, Puerto Rico. Despite lacking a permit, he filled the area with quarry material and built concrete structures atop. Jimenez-Mercado then built hospitality rental homes and an in-ground pool on the land, as well as a dock extending into the Caribbean Sea. He then named the property “Hidden Paradise” and rented the units online as short-term vacation properties for up to $495 per night. Jimenez-Mercado was indicted on Dec. 6, 2023, and pleaded guilty on May 3.
Mangrove wetlands, such as those destroyed by Jimenez-Mercado, are critical to local infrastructure, economies and ecosystems because they can limit damage from flooding and storms, reduce pollution and provide habitat for numerous marine and endangered species. The JBNERR was designated as a reserve in 1981 to protect the wetlands and study the biological and societal impacts of estuarine habitat, as well as provide recreation and educational opportunities to local communities. The reserve is home to the endangered brown pelican, peregrine falcon, hawksbill turtle and West Indian manatee.
Congress enacted the Clean Water Act in 1972 to protect and maintain the integrity of the waters of the United States. It prohibits the discharge of any pollutant and fill material into waters of the United States except when a permit is obtained from the United States.
This case is part of an ongoing investigation into the destruction of wetlands in Puerto Rico. Previously charged individuals include Luis Enrique Rodriguez-Sanchez, sentenced in June; Pedro Luis Bones-Torres, scheduled to be sentenced on Nov. 7; and Rafael Carballo-Diaz and Nathaniel Hernandez-Claudio, who are scheduled to be sentenced on Sept. 13.
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico made the announcement.
The Environmental Protection Agency’s Criminal Investigation Division and the FBI investigated the case, with support from the Puerto Rico and U.S. Virgin Islands Environmental Crimes Task Force.
Senior Trial Attorney Patrick M. Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Seth A. Erbe for the District of Puerto Rico are prosecuting the case.