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Compliance and Enforcement Annual Results:
FY2007 Criminal Enforcement
FY2007 Annual Results Topics
The criminal enforcement program is emphasizing “high impact” cases with significant environmental and human health benefits, while balancing its overall case load with “core” cases across all the pollution statutes for the maximum deterrent effect. Not every high impact case will necessarily produce a large fine or jail sentence; criminal enforcement-related statistics can and do fluctuate from year to year based on both the specific characteristics of the cases that are investigated, as well as by the prosecutorial and sentencing decisions made by the Department of Justice and the federal courts, respectively. However, an emphasis upon high impact cases ensures that the criminal enforcement caseload has greater environmental and public health significance and a deterrent impact on illegal corporate and individual behavior.
- Environmental Crime Cases Opened
- Fines and Restitution
- Court Ordered Environmental Projects
- Incarceration
Environmental Crime Cases Opened
The 340 new environmental crime cases opened in FY 2007 represents an increase of about ten percent over the number opened in FY 2006. Thirty-seven of those cases were in National Enforcement Priority categories (e.g., wet weather, new source review, air toxics, mineral processing) – an increase of 33% over FY 2006.
Fines and Restitution
Criminal defendants were assessed a total of $63 million in fines and restitution. This figure reflects the fact that there were more large fines assessed this year than last year. Specifically, in FY 2007, there were four cases with fines and restitution of $5 million or higher (Honeywell International, Selandag Ayu, Sinclair Tulsa Refining, PRASA) and a total of 14 cases with fines of $1million or more. By contrast, in FY 2006, there were only two fines of $5 million each, and these were the highest fines for any case that year) and a total of nine cases with fines and restitution of $1 million or more. These increases are consistent with the Office of Criminal Enforcement and Forensic Training’s push toward high impact cases, frequently involving more substantial corporations.
Court Ordered Environmental Projects
Judicially Mandated Projects represent the total monetary value of environmentally beneficial projects or other activities that a judge orders defendants to pay for or undertake themselves. The $135 million in projects assessed in FY 2007 is substantially higher than the $29 million assessed last year. The figure includes $109 in improvements and upgrades at nine wastewater treatment plants in Puerto Rico (PRASA) and $11 million for various environmental projects in the State of Connecticut (Hamilton Sundstrand).
Incarceration
The total level of incarceration served by individuals in FY 2007 was 64 years, down from 154 years in FY 2006. Several factors influenced the decline. One is simply the inherent year to year variability in a relatively small program where a few “big cases,” that may or may not fall within the 12 month measurement period, have very significant impacts on year end tallies. Over the last five years, FY 2007 had the highest percentage of cases in which individual defendants received no jail time (64%), and was the second lowest year for average length of sentence. As a further example, the longest single jail term imposed in FY 2007 was five years, as opposed to 25 years in FY 05 and 9 ½ years in FY 06. The total level of incarceration in FY 2007 was also affected by the impact of a series of decisions by the U.S. Supreme Court weakening the federal sentencing guidelines, including making them discretionary rather than mandatory for federal district court judges. In FY 2007, this resulted in a reduction of about 15 ½ years of jail time that previously would have been mandatory.
Annual Results by Fiscal Year:
FY2008 | FY2007 | FY2006 | FY2005 | FY2004 | FY2003 | FY2002 | FY2001 | FY2000 | FY1999