Beveridge & Diamond
 

White Collar and Environmental Crimes Practice

Comprehensive, Proven Experience to Manage High Stakes Corporate and Environmental Liabilities

As part of its nationally top-ranked environmental regulatory and litigation practices, Beveridge & Diamond’s white collar group represents corporations and individuals facing the risks of possible criminal violations of environmental laws. Our white collar team includes three former federal environmental crimes prosecutors and offers clients over 60 years of collective experience managing environmental criminal enforcement matters. View our representative matters below. Visit our Environmental Compliance & Enforcement Resource Center.

Providing Unique Value to Clients: Criminal Defense and Investigative Services Integrated with Regulatory Expertise and Ongoing Compliance Counseling

Clients facing high-stakes, fast-paced, or complex environmental crimes investigations and other regulatory enforcement actions need seasoned litigation strategists, a capable investigative team, and continual access to regulatory and technical expertise. Beveridge & Diamond’s white collar group delivers all of these skills seamlessly and efficiently.

Our white collar litigators and former government officials bring inside knowledge of the government’s play book and enforcement strategies. Our deep bench of regulatory attorneys offers scientific and regulatory fluency, as well as focused knowledge of many industrial operations. Our in-house investigator, formerly of the Criminal Investigative Division of the Internal Revenue Service, augments the team by conducting investigations, coordinating electronic discovery and working with other forensic experts. We also maintain relationships with numerous scientific experts and consulting firms, whose expertise we can deploy for our clients’ benefit. The result: a much lower learning curve and superior legal and technical defenses for our clients.

Our Services

In addition to strategic counseling at all phases of the matter, our trial-ready team adds value and helps clients mitigate their risk with the following services:

  • Defending complex regulatory indictments at trial
  • Preparing pretrial motions on regulatory and technical issues
  • Representing witnesses before the grand jury
  • Responding to grand jury and regulatory subpoenas
  • Negotiating plea agreements
  • Conducting internal investigations
  • Collecting and processing electronic data for criminal cases
  • Preparing for and responding to search warrants
  • Conducting environmental compliance audits and other preventive measures
  • Designing and assessing effective corporate compliance and audit programs

Industry and Subject-Matter Fluency

Our white collar team has direct and constant access to over 50 regulatory practitioners in our firm who possess deep expertise in the following subject matters and industries:

  • Clean Air Act (CAA)
  • Clean Water Act (CWA)
  • Hazardous Waste/Resource Conservation and Recovery Act (RCRA)
  • Worker Safety/Occupational Safety and Health Act (OSHA)
  • Wetlands
  • Wildlife Protection (Endangered Species Act (ESA) / Migratory Bird Treaty Act (MBTA) / Bald and Golden Eagle Protection Act)
  • Lacey Act/Product and Supply Chain Issues/Conflict Minerals
  • Pesticides and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
  • Oil & Gas Production, Hydraulic Fracturing & Pipeline Transmission
  • Federal Oil and Gas Royalty Management Act (FOGRMA)/Outer Continental Shelf Lands Act (OCSLA)
  • Petroleum Product Processing, Refining, Transmission & Storage
  • Power Plant Operations
  • Mining & Metals
  • Pharmaceuticals
  • Chemical Manufacturing & Transportation
  • Biotechnology & Nanotechnology
  • Electronics & Consumer Products

Reducing Risk Through Effective Compliance Counseling

In addition to aggressively defending clients facing complex governmental investigations or prosecutions, Beveridge & Diamond can also help clients minimize their enforcement risk. We understand the complex regulatory requirements necessary for defensible audits and other corporate compliance programs.

For example, the firm has assisted clients in demonstrating and documenting their commitment to environmental protection and self-governance through various measures, including the following:

  • Developing and performing environmental corporate compliance assessments
  • Designing, assessing and/or conducting audits on various regulatory issues
  • Preparing voluntary self-disclosures under various federal and state statutory schemes
  • Developing training programs for Boards of Directors, Executives and Employees

Our Team

Beveridge & Diamond offers 100 lawyers practicing in 7 U.S. offices. The following professionals are part of our white collar practice.

Core White Collar Litigators & Investigators

  • Pete Anderson (former Assistant U.S. Attorney (AUSA) and attorney with the U.S. Department of Justice (DOJ) Environment & Natural Resources Division (ENRD), Board Certified in Corporate Compliance)
  • Carl Jaworski (35-year veteran investigator from IRS Criminal Investigation Division and U.S. Attorney’s Office)

Civil Litigators, Regulatory Experts, Compliance Counselors

We offer unique value to clients by combining our core white collar/environmental crimes practitioners with our deep bench of regulatory experts, civil litigators who have coordinated parallel criminal proceedings, and compliance and enforcement counselors. Experience highlights of the lawyers who support the core white collar practice are available.

Civil Litigators with White Collar Experience

Regulatory Subject-Matter Experts

Representative Matters
Representative Matters

Clean Air Act

  • Securing the successful dismissal of the indictment against an in-house counsel accused of orchestrating false reporting of air emissions information.
  • Winning acquittal on all Benzene Waste Operations National Emissions Standards for Hazardous Air Pollutants (BWON) claims against a petroleum refinery.
  • Winning a reversal on appeal of a criminal judgment against a chemical manufacturing client for alleged BWON violations.
  • Representing an automobile technician facing criminal Clean Air Act charges relating to allegations of falsifying vehicle emissions arising from a national enforcement initiative titled “Operation Clean Scan.” A favorable probationary sentence was obtained, along with a minimal fine.
  • Representing a third-party operator in the power industry targeted in a combined state/federal criminal investigation of alleged Clean Air Act violations at a contract facility.

Clean Water Act

  • Securing the first deferred prosecution agreement in an environmental crimes case. Following extensive negotiations, federal prosecutors agreed not to criminally charge our client in connection with its operation of two wastewater treatment facilities and reporting requirements under the Clean Water Act. Under the terms of the deferred prosecution agreement, the client agreed to pay a fine and institute changes in its operation and environmental oversight.
  • Representing an engineering company and its President in a grand jury investigation of advice rendered to a real estate company regarding dredging and filling of an alleged wetland. The Department of Justice declined prosecution after a lengthy investigation. Representing a manufacturing company in connection with a multi-facility federal grand jury investigation of alleged Clean Water Act and other violations related to the illegal dumping of hazardous waste, bypassing of a treatment system, illegal waste disposal, and failure to report waste releases.
  • Conducting an internal investigation on behalf of a coke manufacturer involving potential noncompliance with certain regulatory requirements under the Clean Water Act and Clean Air Act.
  • Conducting an internal investigation into a matter involving the rupture and substantial release from an interstate oil pipeline. Following an internal investigation, the matter was resolved with a corporate misdemeanor plea and fine. No felony charges were filed against the company or its employees.
  • Representing a county employee accused of falsifying wastewater reports and indicted for Clean Water Act violations. Defense resulted in a favorable plea, involving a probationary sentence and a minimal fine.
  • Representing a CEO and a food grease recycling company in a Clean Water Act investigation. The matter was resolved with a probation sentence for the executive and a nominal fine for the company.
  • Representing an oil and gas manufacturer in connection with a criminal investigation of water discharges from its terminal. Following an internal investigation where minor civil Clean Water Act violations were identified, information was voluntarily disclosed, and the matter was resolved with an administrative consent order and payment of a small penalty.

Endangered Species, Wildlife and Lacey Act Experience

  • Representing a municipality under investigation for alleged violations of the Endangered Species Act involving the taking of four tipton kangaroo rats. The Department of Justice declined criminal prosecution and entered into a civil settlement.
  • Defending an international wireless telecommunications company against a criminal enforcement action initiated under the ESA, MBTA and Bald and Golden Eagle Protection Act.  Advised the company on possible exposure to liability, counseled company officials through a federal grand jury investigation, and pressed the company’s position to the U.S. Fish and Wildlife Service and DOJ’s Environmental Crimes Division.  The Department of Justice declined prosecution after a lengthy investigation.
  • Conducting for a major multinational company an assessment of its Lacey Act compliance and key risks. Retained thereafter to audit roughly eighty suppliers of wood-based products.

RCRA/Hazardous Wastes

  • Securing a declination on behalf of an official with a manufacturing company under investigation for hazardous waste disposal violations. The company pled guilty, but the state declined prosecution of our client following a full investigation.
  • Representing an owner of a real estate development company under criminal investigation for alleged violations arising from abandonment and demolition activities that caused a substantial release of pollutants into a river. Following a presentation to the government, a declination was secured.
  • Conducting an internal investigation for a major energy company facing allegations relating to Resource Conservation and Recovery Act violations at an experimental reactor laboratory station. After conducting an internal investigations and overseeing compliance improvements, the company was able to avoid criminal charges, as well as all civil fines and penalties.
  • Representing an oil company in a criminal investigation into a pipeline release.
  • Representing a major chemical company in connection with a criminal investigation regarding potential violations of the Resource Conservation and Recovery Act.
Overview

Environmental

Natural Resources and Project Development

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