Month: November 2024

Source: United States Department of Justice Criminal Division

Two Dominican nationals were sentenced for smuggling juvenile American eels from Puerto Rico.

On Nov. 14, U.S. District Court Judge Aida M. Delgado-Colon for the District of Puerto Rico sentenced Simon De la Cruz Paredes, 56, to 24 months in prison followed by two years of supervised release. Today, Judge Delgado-Colon sentenced Saul Enrique José De la Cruz, 39, to 24 months in prison followed by two years of supervised release.

According to court documents, Paredes and De la Cruz spent months harvesting juvenile American eels (Anguilla rostrata), also known as glass eels, in the rivers around Levittown, Puerto Rico. Once they caught the eels, the defendants kept them alive with an oxygenation system while a boat was built to travel back to the Dominican Republic. On Feb. 21, both defendants left Puerto Rico bound for the Dominican Republic in a boat that contained 30 kilograms of glass eels, a handgun and 850 rounds of ammunition. Paredes and De La Cruz stated that they intended to sell the eels in the Dominican Republic, after which the fish would be shipped to Asia.

The U.S. Coast Guard (USCG) intercepted Paredes and De la Cruz about 40 miles off the coast of Puerto Rico. The men refused to stop their boat and USCG was obligated to neutralize the vessel’s engines, after which the defendants were arrested and indicted.

Paredes and De la Cruz both previously pleaded guilty to smuggling the eels in violation of 18 U.S.C. § 554 and trafficking in illegal wildlife in violation of the Lacey Act. De la Cruz also pleaded guilty to failing to heave to when ordered to stop by the Coast Guard. According to court documents, the juvenile eels were worth at least $132,000 and would be worth more than $1 million once raised to adulthood.

“Eels are a highly sought-after food source, including for sushi,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Juvenile or glass eels are key to this food production. Unfortunately, they are often illegally harvested, which has already decimated their numbers in Japan and Europe, and which is also having a profound effect on the American eel population. That is why we will vigorously prosecute individuals or entities caught illegally harvesting glass eels.”

“The illegal trafficking of wildlife threatens the survival of many endangered species,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico. “The U.S. Attorney’s Office has made it a priority to protect our natural resources. The environmental protection laws protect the animals, resources, and habitats within Puerto Rico.”

“American juvenile eels can be traded legally, but they are also subject to poaching and international trafficking,” said Assistant Director Edward Grace of the U.S. Fish and Wildlife Service’s Office of Law Enforcement. “These defendants would clearly stop at almost nothing in pursuit of their illegal activities, which harm natural resources and economies. The sentencing of these individuals highlights the effectiveness and persistence of investigators, who  work tirelessly to seek justice.”

“We work closely with our joint enforcement partners to detect and identify potential illegal activity related to the Lacey Act,” said Acting Assistant Director Paige Casey of the National Oceanic and Atmospheric Administration (NOAA)’s Office of Law Enforcement Southeast Division. “Through our partnerships, we are able to successfully prosecute and convict individuals, such as in this case, who illegally harvest and traffic marine wildlife that could disrupt our fair trade market.”

“These two convictions highlight the collective and unwavering resolve of our Coast Guard and sister U.S. law enforcement agencies to protect the living marine resources and hold transnational smuggling organizations accountable,” said Capt. Luis J. Rodriguez, Commander of USCG’s Sector San Juan. “As one of our most sensitive missions, we must continue to generate awareness of the impacts smugglers are having in eradicating eel populations around the globe.  Now, the juvenile American eel population is being targeted at home, we must remain vigilant as a service and a nation to this threat.”

The American eel is a species of fish native to the Eastern United States and the Caribbean. The American eel is a “catadromous” species, meaning that it reproduces in saltwater systems and matures in fresh water (riverine) systems. American eel eggs hatch in the Atlantic Ocean’s Sargasso Sea, after which ocean currents carry the juvenile eels along the eastern American coast. Tidal fluctuations then wash the eels into freshwater river systems, including the rivers of Puerto Rico, after which they migrate upstream. Once a glass eel matures, it will return to the Sargasso Sea in order to spawn.

Because American eels have not been successfully bred in captivity, the commercial market is concentrated on the juvenile glass eel stage. Once captured, glass eels are typically sold to aquaculture facilities in Asia, where they are raised into adults and sold for foods including for sushi as unagi. The fishing pressure on juvenile eels has contributed to record low population numbers.

NOAA and U.S. Fish and Wildlife Service’s Offices of Law Enforcement are leading the investigation as part of the Puerto Rico and U.S. Virgin Islands Environmental Crimes Task Force, along with USCG and U.S. Customs and Border Protection. The Puerto Rico Police Bureau, Joint Forces of Rapid Action (FURA) and Puerto Rico Department of Natural and Environmental Resources also provided valuable assistance.

Senior Trial Attorney Patrick M. Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney and Environmental Litigation Coordinator Seth A. Erbe for the U.S. Attorney’s Office for the District of Puerto Rico are prosecuting the case.

Source: United States Department of Justice Criminal Division

Kyle Benjamin Douglas Calvert, 27, of Irondale, Alabama, was sentenced today to nine years in prison for the malicious use of an explosive device outside of the Alabama Attorney General’s Office in Montgomery.

“Kyle Calvert attacked the Alabama Attorney General’s Office with a shrapnel-filled explosive and then fled the scene, but this sentence ensures he will not escape accountability for his crime,” said Attorney General Merrick B. Garland. “Acts of violence like this one against our public institutions endanger public servants and entire communities, and they must not be tolerated. I am grateful to the FBI, ATF, and our state and local law enforcement partners for ensuring accountability for this attack, and for the work they do every day to protect our communities.”

“Today’s sentencing is the final step holding Kyle Calvert accountable for detonating a shrapnel-filled explosive device outside a public office in downtown Montgomery,” said FBI Director Christopher Wray. “This case demonstrates the FBI’s continued commitment to working with our partners to bring to justice anyone who attempts violence to injure or intimidate members of our community.”

“Today’s sentencing shows that any attack on America’s justice system, and on the civil servants and public officials who serve our communities and country, will not be tolerated,” said Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “The sentence handed down today reflects not only the severity of the crime, but also ATF’s commitment to working with our federal, state, and local partners to hold those who attack American institutions accountable.”

“This prosecution would not have been possible if not for the coordinated efforts of numerous federal, state, and local law enforcement agencies,” said Acting U.S. Attorney Kevin Davidson for the Middle District of Alabama. “Working together, investigators and analysts were able to identify Calvert as a suspect and ensure he was held accountable for his attempt to intimidate public officials and create chaos.”

According to the plea agreement and other court documents, during the early morning hours of Feb. 24, 2024, Calvert placed an explosive device outside of the Alabama Attorney General’s Office in downtown Montgomery. During his plea hearing, Calvert admitted to manufacturing the device and to using nails and screws as shrapnel. After positioning the explosive device near the Attorney General’s Office, Calvert lit its fuse and left the area. No injuries were reported. Before planting and detonating the device, Calvert placed stickers with graphics advocating for various political ideologies on various downtown buildings. Some stickers included the phrase “Support your local antifa.” As reflected in the plea agreement, Calvert claims he has no affiliation with antifa. Law enforcement arrested Calvert on April 10, 2024.

The FBI investigated the case with assistance from the ATF.

Assistant U.S. Attorneys Russell T. Duraski and Brett J. Talley for the Middle District of Alabama prosecuted the case.

Source: United States Department of Justice Criminal Division

A three-count indictment was unsealed today in the Western District of North Carolina charging a North Carolina man with federal civil rights and firearms violations for threatening eight individuals with force because of their race, color, religion and national origin.

According to the indictment, on June 8, Maurice Hopkins, 31, threatened eight individuals with a firearm inside Zambies Pizza, a restaurant in Charlotte, North Carolina. Count one of the indictment charges Hopkins with threatening the eight individuals with force because of their race, color, religion and national origin and because they were enjoying the goods, services and facilities of the restaurant. Count two of the indictment charges Hopkins with threatening the eight individuals with force on account of their race, color, religion and national origin to intimidate the individuals from exercising their federally protected housing rights. Count three of the indictment charges Hopkins with carrying, using and brandishing a firearm during and in relation to a crime of violence.

If convicted, Hopkins faces a maximum penalty of 10 years in prison on each of the civil rights charges and a mandatory minimum prison sentence on the firearms charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. 

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Dena J. King for the Western District of North Carolina and Special Agent in Charge Robert M. DeWitt of the FBI Charlotte Field Office made the announcement.

The FBI Charlotte Field Office investigated the case.

Assistant U.S. Attorney Nick J. Miller for the Western District of North Carolina and Trial Attorneys Daniel Grunert and Chloe Neely of the Civil Rights Division’s Criminal Section are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice Criminal Division

The Justice Department and the Environmental Protection Agency (EPA) today announced two settlements with oil and gas operators in the commonwealth of Pennsylvania. In separate agreements, XTO Energy Inc. (XTO) and Hilcorp Energy Company (Hilcorp) agreed to resolve alleged Clean Air Act and Pennsylvania Air Pollution Control Act violations involving their oil and gas production operations in Pennsylvania.

Under the settlements, XTO agrees to pay a $4 million civil penalty and Hilcorp agrees to pay a $1.275 million civil penalty. Each of these amounts will be shared equally by the United States and the commonwealth of Pennsylvania, which is a co-plaintiff in both cases. In addition to the civil penalties, both companies will undertake compliance measures to achieve major reductions in harmful emissions at their oil and gas production facilities in Butler County, Lawrence County and Mercer County facilities.

“These actions are the result of our continuing efforts to ensure that oil and gas operators comply with the Clean Air Act,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The commitments under the settlements will significantly reduce pollution from these companies’ operations, including volatile organic compounds that contribute to ground-level ozone, and methane, a potent greenhouse gas.”

“Hilcorp and XTO Energy’s violations contributed to smog that reduces air quality, as well as methane releases that are a primary driver of near-term climate change,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “These settlements are the latest in EPA’s urgent efforts to limit the greenhouse gas emissions that cause climate change and hold corporate polluters accountable for jeopardizing public health.”

“Today’s settlements reinforce a simple message: if your company contaminates the air in this district with harmful pollution, you will be held accountable under federal law,” said U.S. Attorney Eric G. Olshan for the Western District of Pennsylvania. “Through the hard work of our office and our law enforcement partners, XTO Energy and Hilcorp will be required not only to pay penalties related to the pollutants they already released, but also to protect against future harm through compliance measures that will reduce emissions of harmful pollutants. We remain steadfast in our efforts to protect the people of western Pennsylvania and the air they breathe.”

“Pennsylvanians have a right to clean air, and the Shapiro Administration continues to hold polluters accountable for infringing on that right,” said Acting Pennsylvania Department of Environmental Protection (PADEP) Secretary Jessica Shirley. “Today’s settlement will result in lower emissions and cleaner air for the people of the Commonwealth.”

As part of the settlement, XTO must undertake a project to mitigate harm attributable to XTO’s alleged violations. Specifically, by Dec. 31, 2027, XTO will be required to work with PADEP to identify the heaviest polluting abandoned oil and gas wells in western Pennsylvania and spend at least $1.4 million to plug or remediate them. Many of these “orphan” wells are existing significant sources of methane.

The work that XTO will do will result in the reduction of over 1,960 tons of carbon dioxide equivalent emissions per year released as methane, similar to the reductions achieved by taking 420 cars off the road for one year. The settlement will also eliminate nearly 120 tons of volatile organic compound (VOC) emissions annually.

The XTO settlement resolves allegations by EPA and PADEP that XTO failed to comply with federal and state requirements to capture and control air emissions from 11 of its oil and gas production facilities in Butler County. EPA identified the alleged violations through field investigations conducted in 2018 and 2019.

Hilcorp must also undertake a project to mitigate harm attributable to the company’s alleged violations. Hilcorp will retrofit at least 164 pneumatic controllers that emit pollution with non-emitting process controllers at eight of the company’s facilities located in Lawrence and Mercer counties at least three years earlier than required under law.

EPA projects that the Hilcorp agreement will result in the reduction of over 160 tons of VOC emissions annually and 5,200 tons of carbon dioxide equivalent emissions per year released as methane. The reductions in methane from the settlement are similar to the reductions that would be achieved by taking 1,120 cars off the road for one year.  

The Hilcorp settlement resolves allegations by EPA and PADEP that the company failed to comply with federal and state requirements to capture and control air emissions from six of its oil and gas production facilities in Lawrence and Mercer counties.

As a result of these alleged violations, both XTO and Hilcorp released methane and VOCs directly into the air instead of capturing and controlling the gas using specially designed equipment. Methane, a climate super pollutant, is a potent greenhouse gas that contributes to climate change, and VOCs contribute to ground-level ozone, which adversely affects human health.

XTO is a natural gas extraction and production company that is a directly held, wholly owned subsidiary of ExxonMobil. Its operations stretch from the Great Plains to Appalachia. It holds interests in more than 50,000 producing oil and natural gas wells. These holdings include operations in 15 counties (including Butler County), covering 534,000 acres in western Pennsylvania.

Hilcorp is a privately owned company registered to do business in Pennsylvania and headquartered in Houston. Hilcorp engages in oil and gas exploration, development, and production across the United States, with active production operations in Alabama, Alaska, Colorado, Louisiana, New Mexico, Ohio, Pennsylvania, Texas and Wyoming.

These settlements are part of EPA’s National Enforcement and Compliance Initiative Mitigating Climate Change. This initiative focuses, in part, on reducing methane emissions from oil and gas and landfill sources.

The consent decrees were filed with the United States District Court, Western District of Pennsylvania and are each subject to a 30-day comment period. The complaints and the proposed consent decrees are available at www.justice.gov/enrd/consent-decrees.

More information on these settlement agreements is available on the agency’s Hilcorp Energy Company Settlement web page and XTO Energy Inc. Settlement web page.

EPA and PADEP investigated the cases.

Attorneys from the Environment and Natural Resources Division’s Environmental Enforcement Section and the U.S. Attorney’s Office for the Western District of Pennsylvania handled the cases.

Source: United States Department of Justice Criminal Division

The United States Trustee Program (USTP) recently obtained dismissal of nine related bankruptcy cases involving a chain of fitness businesses that lacked a good-faith basis for seeking bankruptcy relief.

On October 2, the Bankruptcy Court for the District of Kansas entered an order dismissing the cases of Blush Bootcamp LLC and eight affiliates based on a motion filed by the USTP’s office in Wichita, Kansas. The debtors and their owners engaged in a tangled web of transfers both before and after bankruptcy, using some of the companies’ income to cover others’ debts and commingling funds across multiple accounts without regard to corporate formalities. Some of the companies had stopped operating, leaving no business to rehabilitate. Some entities lacked insurance to protect their assets, and none had workers’ compensation coverage. And the owners—a married couple—each drew a monthly salary of $12,500 out of the bankrupt companies even though they also operated two cash-positive entities that did not file for bankruptcy.

The debtors filed their cases under the streamlined provisions of subchapter V, which provides eligible small businesses with a more flexible, efficient and cost-effective path through chapter 11. The USTP plays an integral role in administering subchapter V cases in accordance with the Bankruptcy Code. This includes seeking dismissal or conversion of cases to chapter 7 liquidations when warranted, and raising objections to eligibility and confirmation of a plan of reorganization when appropriate.

“Subchapter V was designed to help debtors remain in business, so long as they abide by the Bankruptcy Code’s requirements,” said Director Tara Twomey of the Executive Office for U.S. Trustees. “Unfortunately, these entities did not follow the requirements and there was no reasonable likelihood of rehabilitation.”

The USTP’s mission is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders – debtors, creditors and the public. The USTP consists of 21 regions with 89 field offices nationwide and an Executive Office in Washington, D.C. Learn more about the USTP at www.justice.gov/ust.