The Empire Strikes Back:
How to Prepare & Respond to
Environmental Criminal
Investigations
Andre Belanger
Attorney at Law
Beau James Brock
Attorney at Law
Objectives for our discussion
 Criminal Investigation
Division organizational
awareness.
 How & why environmental
criminal investigations are
initiated and conducted.
 Legal Issues
EPA-CID & LDEQ-CID
 EPA-CID - 11 Area Offices.
 Dallas Area Office.
 SAC and RAC authorities.
 Answer directly through chain to
Washington, D.C.
 LDEQ-CID located in Baton Rouge
 Office of the Secretary
A Bad Day for the Environmental Manager
1. Does everyone know why the environmental manager
is referred to as the corporate DF?
2. The internal conflict between production and
environmental.
3. Smart executives should structure corporate
management to assure environmental considerations
are part of production decisions.
-- straw man or actual authority?
Environmental Harm
Actual Harm.
Threat of Significant Harm.
Failure to Report an actual discharge.
Violation represents a trend in industry.
Culpable Conduct
 Deliberate misconduct resulting in violation
 Concealment of misconduct or falsification of
records
 Tampering with monitoring or control equipment
 Business operating without a permit or required
documentation.
 History of Repeated Violations.
Criminal Investigative Process
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Victims & Disgruntled employee.
Information resources on corporation.
The processes at the facility.
Regulatory interpretation.
Multi-agency, multi-discipline cooperation.
Investigative discretion.
Working with the Prosecutor.
HEALTH & SAFETY CONCERNS.
Operational Activities

Interviews – no Miranda
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Search Warrants
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Body Wires
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Consensual Phone Monitors
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Confidential Informants
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Surveillance techniques – Active and Passive
Search Warrants and Grand Jury Practice
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Plan in place
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A response team
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Criminal lawyers in place of Civil lawyers
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The Dreaded Subpoena
Meeting the Prosecutor and Understanding their
position – Seeking the “declination” (indirectly)
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Legal Issues
 Hanousek
 RCRA disposal
 Greenhouse gases & other EPA
guidance
 Size Matters!
Crimes and Misdemeanors
 Lyin’ cheatin’ stealin’
 Knowingly doesn’t ordinarily
require “regulatory knowledge.”
 Money
 Do you want to stay OUT OF
JAIL?