Beveridge & Diamond
 

White Collar and Environmental Crimes Support Teams


The following firm lawyers offer experience in assisting in criminal and enforcement matters.  They work with our core white collar group to provide clients the most comprehensive representation.

Civil Litigators with White Collar Experience

Robert Brager (Principal, Baltimore) has more than 30 years’ experience dealing with enforcement issues under the Clean Air Act and the Clean Water Act, representing a variety of companies (such as oil companies, chemical companies, electroplaters, and paint manufacturers) and individuals faced with both civil and criminal enforcement.  Examples of his criminal experience include:

  • Representing an oil company in a criminal investigation into a pipeline release;
  • Representing an electroplater in a criminal investigation into alleged Clean Water Act violations;
  • Representing an oil company in a criminal prosecution under the Clean Air Act;
  • Representing an oil attorney in a criminal prosecution under the Clean Air Act;
  • Undertaking an internal investigation on behalf of an oil company for alleged false reporting; and
  • Undertaking an internal investigation on behalf of a coke manufacturer involving potential non-compliance with certain regulatory requirements under the Clean Air Act and Clean Water Act.

John N. Hanson (Principal, Washington) has over 40 years of litigation experience dealing with enforcement matters including parallel criminal and civil investigations and litigation while at the U.S. Department of Justice (DOJ) and at the Firm under a variety of statutes involving, for example, a county and public official under the Clean Water Act, a public utility under an economic regulatory statute, and a company under the Clean Air Act.

Evynn M. Overton (Principal, Baltimore) has extensive experience defending companies faced with both civil and criminal enforcement.  Evynn manages sensitive internal investigations, implements strategies for providing fast-paced and cost-efficient subpoena response, and takes the lead in complex joint defense communications and negotiations.  Her criminal experience includes:

  • Representing a manufacturing company in a multi-facility grand jury investigation involving allegations of Clean Water Act pretreatment violations, illegal dumping of hazardous waste, improper waste disposal, and failure to report releases; and
  • Representing the operator of a power plant in a criminal investigation involving allegations of Clean Air Act emissions violations.

Regulatory Subject-Matter Experts

Clean Air Act

David M. Friedland (Principal, Washington) has focused his nearly 30 year career on every aspect of the regulation of air pollution under the Clean Air Act and state and local air pollution statutes and regulations, including the defense of many complex air enforcement cases.  In particular, David has helped the Firm's White Collar and Environmental Crimes Group in defense of a citizen suit against a refinery in which the State brought an action to enforce the same regulations as the citizens.  David has also defended companies in Clean Air Act enforcement actions brought by the U.S. Environmental Protection Agency (EPA) and DOJ across the country, as well as numerous state enforcement actions, including those brought by state environmental agencies in New Hampshire, Delaware, the District of Columbia, New Jersey and New York and local environmental agencies in Los Angeles and Philadelphia.

Laura K. McAfee (Principal, Baltimore) has over 20 years of experience in defending against enforcement actions under the Clean Air Act.  Her experience covers every aspect of a criminal investigation and prosecution, from initial internal investigations and self-disclosures, to pre-indictment negotiations and case development, to pretrial briefing, to substantial trial support on complex regulatory schemes like the Benzene Waste Operations NESHAP.  Laura has also assisted clients in a wide range of industries in defending against numerous civil and administrative enforcement actions on a variety of Clean Air Act issues, including flaring, New Source Review and Title V permitting, leak detection and repair, New Source Performance Standards and Maximum Achievable Control Technology standards, and ozone-depleting substances.

Clean Water Act

Richard S. Davis (Principal, Washington) has practiced almost exclusively under the federal Clean Water Act and its state analogues for over 30 years.  He counsels clients in all stages of water related matters, including administrative, civil and criminal enforcement.  While he has represented a wide range of clients over the years, Richard has developed a particular expertise in defending municipal clean water agencies in enforcement actions.  Examples of his criminal experience include defending a Fortune 50 company in multiple criminal Clean Water Act investigations related to chemical spills, representing an operator of large medical waste facility in a criminal Clean Water Act investigation and conducting an internal investigation for a metals facility related to alleged discharges of pollutants in excess of permitted limits.

Karen M. Hansen (Principal, Austin) has over two decades of experience dealing with civil, criminal and administrative enforcement issues related to water regulatory requirements under state and federal environmental laws.  She has represented companies in a number of industries (such as oil & gas, chemical, food product and processing and electroplating among others) as well as municipal agencies faced with enforcement actions.  Karen also counsels clients on corporate-wide compliance auditing under EPA and state audit policies. Examples of her criminal experience include:

  • Representing an electroplater in a multi-jurisdictional federal criminal investigation into alleged Clean Water Act violations;
  • Representing a Fortune 100 food product company in a federal Clean Water Act criminal investigation following a fish kill incident and obtaining closure of the investigation file without any criminal charges;
  • Representing the nation’s largest animal rendering company in a federal Clean Water Act criminal investigation;
  • Representing a Fortune 100 food company in a federal criminal investigation involving a worker death occurring in a grain storage facility; and
  • Conducting and assisting with numerous internal investigations in connection with federal, state and citizen suit enforcement actions.

Endangered Species Act/Migratory Bird Treaty Act, Lacey Act, Wetlands

Laura M. Duncan (Principal, San Francisco), has a varied skill set for defending enforcement actions brought by California and federal agencies. She has represented numerous clients in mill tax audits and enforcement actions brought by the California Department of Pesticide Regulation. She routinely counsels clients to minimize risks related to precursor chemicals under the laws administered by the California Department of Justice's Controlled Chemical Substances Program. She has defended enforcement actions brought by county district attorneys related to biodegradable and other product claims. She also helps clients minimize legal risk related to hazardous waste issues administered by the Department of Toxic Substances Control, and product take back requirements and regulatory fees administered by CalRecycle and the State Board of Equalization, respectively. In addition to California experience, Laura has extensive experience with the Lacey Act, including design of internal assessments and audits to improve supply chain compliance and reduce the risk of enforcement related to Lacey Act claims.

W. Parker Moore (Principal, Washington) has extensive experience advising clients on compliance strategies for avoiding civil and criminal enforcement under the Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA), and the Bald and Golden Eagle Protection Act (BGEPA), and has successfully defended clients against criminal investigations under those statutes. Drawing on his experience as a professionally-trained wetlands ecologist, Parker also counsels developers and landowners on permitting strategies to avoid enforcement actions and defends clients against administrative, civil and criminal enforcement actions alleging unlawful filling of wetlands and other waters. Examples of his criminal experience include:

  • Defending an international telecommunications company in a federal grand jury investigation involving alleged violations of the ESA, MBTA, and BGEPA;
  • Conducting an MBTA criminal liability risk analysis and developing a compliance strategy for one of the nation’s largest agriculture trade associations;
  • Undertaking internal investigations on behalf of members of the oil and gas and chemical production sectors to evaluate compliance with the MBTA and develop strategies for minimizing risk of criminal enforcement under the statute; and
  • Defending landowners and developers against civil and criminal enforcement actions for discharging fill material into wetlands and modifying floodplain areas without state and federal permits.

Timothy M. Sullivan (Principal, Baltimore) began his legal practice in the Pacific Northwest and in his more than 10 years of experience, he has represented and advised public and private clients in enforcement, litigation, and other matters involving many federal and state environmental and natural resources laws, with a particular emphasis on the ESA and the Clean Water Act and matters involving the intersection of these statutes.

Resource Conservation and Recovery Act

Donald J. Patterson (Principal, Washington) has more than 30 years’ experience representing clients with regard to civil, criminal and administrative environmental enforcement under the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act (RCRA) and the Emergency Planning and Community Right-to-Know Act. Examples of his criminal experience include:

  • Representing a leather tanning company in a criminal investigation alleging Clean Water Act violations; and
  • Undertaking an internal investigation on behalf of a coke manufacturer involving potential non-compliance with the Clean Air Act, the Clean Water Act and RCRA.

Elizabeth M. Richardson (Principal, Washington) represents clients in administrative proceedings, litigation, regulatory counseling, permitting, transactions, and enforcement matters related to product stewardship, recycling, hazardous wastes, transportation of hazardous materials and dangerous goods. For example, she successfully negotiated a significant penalty reduction related to hazardous materials transportation. Beth’s clients include a number of individual companies and trade associations in a variety of industries, including electronics, consumer products, chemicals, pesticides and recycling.

Occupational Safety and Health Act

Mark N. Duvall (Principal, Washington) has more than 30 years of experience with the Occupational Safety and Health Act and more than 20 years of experience with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Toxic Substances Control Act (TSCA) enforcement. He also has experience with enforcement by U.S. Food and Drug Administration and Consumer Product Safety Commission.

Federal Insecticide, Fungicide, and Rodenticide Act

Kathryn E. Szmuszkovicz (Principal, Washington) plays an important role in the Firm's White Collar and Environmental Crimes Group drawing upon her decades of proven expertise in all matters relating to pesticides and other regulated products, including prosecutions brought under FIFRA and TSCA.

Federal Oil & Gas Royalty Management Act/Outer Continental Shelf Lands Act

Peter J. Schaumberg (Principal, Washington) has over 30 years of experience relating to enforcement of the U.S. Department of the Interior’s (DOI) regulatory programs relating to oil & gas and mineral development on federally-managed lands. During his 25 years with the DOI’s Office of the Solicitor, Peter was responsible for many civil and criminal enforcement actions brought by DOI against federal lessees under the Federal Oil & Gas Royalty Management Act and the Outer Continental Shelf Lands Act. Since joining Beveridge & Diamond in 2006, Peter has represented clients in various regulatory enforcement matters brought by DOI including civil penalty proceedings and issues relating to the 2010 Deepwater Horizon incident in the Gulf of Mexico.

Compliance & Enforcement Counselors

Scott Fulton (Principal, Washington) served from 2009 to January 2013 as General Counsel of EPA, where he handled or directed some of the country's most significant environmental legal matters and represented the U.S. government at high-level international meetings and negotiations.  In addition to his service as EPA General Counsel and an Environmental Appeals Judge, Scott served in various other roles within EPA, including as Acting Deputy Administrator, the head of the Office of International Affairs, and a senior leader of EPA’s enforcement program. He also served as Assistant Chief of the Environmental Enforcement Section of DOJ's Environment and Natural Resources Division. Scott was recognized with the two highest awards given by the U.S. government for outstanding leadership:  the Presidential Meritorious Executive Service Award and the Presidential Distinguished Executive Service Award.  Scott uses the rich experience gained from three decades of high level government service, in both Democratic and Republican administrations, to help solve complex environmental problems for clients.

Steve Herman (Principal, Washington) brings over 40 years of experience in all aspects of enforcement to help the Firm aggressively defend our clients. Steve gained invaluable experience as Assistant Administrator for EPA's Office of Enforcement and Compliance Assurance where he provided leadership and oversight of all major EPA enforcement actions. Steve was instrumental in developing many of the internal EPA policies that the government regulators and prosecutors still rely upon today. Prior to his service at EPA, Steve was an Assistant Section Chief in the Environmental & Natural Resources Division at DOJ.

Jon Cannon (Principal, Washington) specializes in advising clients on the intersection of legal policy, government, and sound science. He has extensive experience with civil and criminal environmental enforcement actions through his varied positions at EPA. He has served as:

  • General Counsel of EPA;
  • Assistant Administrator for Administration and Resource Management and Chief Financial Officer;
  • Deputy Assistant Administrator of the Office of Solid Waste and Emergency Response (OSWER) and Acting Assistant Administrator for OSWER;
  • Deputy Assistant Administrator for Civil Enforcement in EPA's Office of Enforcement and Compliance Monitoring; and
  • EPA Deputy General Counsel for Litigation and Regional Operations.