By Heidi Slinkard Brasher
Englewood, Colorado-based Executive Recycling, Inc., a registered large quantity handler of universal waste, was indicted by a federal grand jury for environmental crimes and fraud on September 15, 2011. U.S. v. Executive Recycling, Inc., 11-CR-00376-WJM, (D. Col. Sept. 15, 2011). The owner and CEO, Brandon Richter, and former VP of Operations Tor Olson were also indicted for numerous criminal acts, including wire and mail fraud, destruction of records, exportation contrary to law, and failure to file notification of intent to export hazardous waste.
Among the environmental wastes handled by the recycling company were cathode ray tubes (CRTs), which are found in glass displays of electronics such as televisions and computer monitors. Because of their lead content, particular laws and regulations are in place to address appropriate disposal of CRTs. However, according to the indictment, instead of paying the fees associated with disposal of the waste - and contrary to its advertisement to its customers – Executive Recycling sold the CRTs to overseas brokers, making more than $1.8 million.
The waste was repeatedly exported to China and others in violation of federal law.
The 16-count indictment resulted from a 30-month, international investigation involving the United Sates, Canada and Hong Kong, and could lead to a $250,000 fine and two years in prison for each of the named executives and a $500,000 fine for a criminal conviction of the corporation.
This is just one recent example of the government’s willingness to pursue a criminal action for violation of environmental laws – and demonstrates further its willingness to indict both the entity and the individuals involved.