Summary of Criminal Prosecutions
FISCAL YEAR: 2010
1. PRINCIPAL DEFENDANT: Richard A. Bee
S.D. Ohio 3:10PO044
S.D. Ohio 3:10PO044
Richard A. Bee, pleaded guilty and was sentenced in U.S. District Court for the Southern District of Ohio at Dayton on June 4, 2010, for illegal use of a pesticide that resulted in the death of 16 migratory birds on farmland he leased near Bethel, Ohio. Bee was fined $18,750 and was sentenced to a community service payment of $6,250 in addition to a one-year probation.
According to court documents, Bee operated a feed crop farm and had observed various birds eating the seeds he planted as part of farming operations. In April 2008 and April 2009, Bee poured the pesticide, Furadan, into a bucket of corn with the intent of using the Furadan-soaked corn as bait and placed the bucket in the fields with the intent of killing the birds. On or about June 1, 2009, 16 birds were found dead in the vicinity of one Bee’s bait stations. Bee pleaded guilty to two misdemeanor counts of misuse of a registered pesticide and two misdemeanor counts of violating the Migratory Bird Treaty Act.
According to court documents, Bee operated a feed crop farm and had observed various birds eating the seeds he planted as part of farming operations. In April 2008 and April 2009, Bee poured the pesticide, Furadan, into a bucket of corn with the intent of using the Furadan-soaked corn as bait and placed the bucket in the fields with the intent of killing the birds. On or about June 1, 2009, 16 birds were found dead in the vicinity of one Bee’s bait stations. Bee pleaded guilty to two misdemeanor counts of misuse of a registered pesticide and two misdemeanor counts of violating the Migratory Bird Treaty Act.
April 16, 2010
Bee was charged in an Information with 2 counts of violating FIFRA {7 U.S.C. 136j (a)(2)(G) - to use any pesticide in a manner inconsistent with its labeling}; and 2 counts of violating the Migratory Bird Treaty Act {16 U.S.C. 703 - illegal taking, killing or possessing migratory birds}.
He pled guilty to all four counts.
CITATION: 16 U.S.C. 703, 7 U.S.C. 136j (a)(2)(G)
June 8, 2010
Bee was sentenced to 12 months probation and was ordered to pay an $18,750 federal fine and $6,250 in community service to the Animal Rescue Fund, Amelia, Ohio.
Southern District of Ohio
FOR IMMEDIATE RELEASE
JUNE 8, 2010 CLERMONT COUNTY FARMER ORDERED TO PAY ALMOST $25,000 FOR ILLEGAL USE OF PESTICIDE THAT RESULTED IN MIGRATORY BIRD KILL DAYTON – Richard A. Bee, 56, of Batavia has been ordered to pay almost $25,000 after pleading guilty to illegally using the pesticide Furadan in a way that resulted in the death of 16 migratory birds on farmland he leased near Bethel, Ohio. Carter M. Stewart, United States Attorney for the Southern District of Ohio, Greg Jackson, Special Agent in Charge of the U.S. Fish and Wildlife Service and Randall K. Ashe, Special Agent in charge of the U.S. Environmental Protection Agency announced the sentence handed down June 3 by U.S. Magistrate Judge Michael R. Merz. Bee pleaded guilty to two misdemeanor counts of misuse of a registered pesticide and two misdemeanor counts of violating the Migratory Bird Treaty Act. His sentence includes an $18,000 fine, one year of probation, and a community service payment of $6,250 to the Animal Rescue Fund, Inc., which operates a shelter for homeless animals including birds near Amelia, Ohio. According to court documents, Bee operated a feed crop farm and had observed various birds eating the seeds he planted as part of farming operations. In April 2008 and again in April 2009, Bee poured Furadan into a bucket of corn with the intent of using the Furadan-soaked corn as bait and placed the bucket in the fields with the intent of killing the birds. On or about June 1, 2009, a total of 16 birds were found dead in the vicinity of one Bee’s bait stations. The 16 birds included two Canada Geese, one American Crow, two Mallard Ducks, seven Mourning Doves, one Red-tailed Hawk, and three birds that were too decomposed to identify. “This case is an unfortunate example of why toxic pesticides are restricted in their use and application,” said Ashe. “Furadan has the ability to kill anything that ingests it.” Stewart commended the cooperative investigation by Fish and Wildlife agents, U.S. EPA investigators, and the assistance from the Ohio Department of Natural Resources Division of Wildlife, and the Ohio Bureau of Criminal Identification and Investigation, as well as Dayton Branch Chief Laura I. Clemmens, who prosecuted the case.
Southern District of Ohio
FOR IMMEDIATE RELEASE
JUNE 8, 2010 CLERMONT COUNTY FARMER ORDERED TO PAY ALMOST $25,000 FOR ILLEGAL USE OF PESTICIDE THAT RESULTED IN MIGRATORY BIRD KILL DAYTON – Richard A. Bee, 56, of Batavia has been ordered to pay almost $25,000 after pleading guilty to illegally using the pesticide Furadan in a way that resulted in the death of 16 migratory birds on farmland he leased near Bethel, Ohio. Carter M. Stewart, United States Attorney for the Southern District of Ohio, Greg Jackson, Special Agent in Charge of the U.S. Fish and Wildlife Service and Randall K. Ashe, Special Agent in charge of the U.S. Environmental Protection Agency announced the sentence handed down June 3 by U.S. Magistrate Judge Michael R. Merz. Bee pleaded guilty to two misdemeanor counts of misuse of a registered pesticide and two misdemeanor counts of violating the Migratory Bird Treaty Act. His sentence includes an $18,000 fine, one year of probation, and a community service payment of $6,250 to the Animal Rescue Fund, Inc., which operates a shelter for homeless animals including birds near Amelia, Ohio. According to court documents, Bee operated a feed crop farm and had observed various birds eating the seeds he planted as part of farming operations. In April 2008 and again in April 2009, Bee poured Furadan into a bucket of corn with the intent of using the Furadan-soaked corn as bait and placed the bucket in the fields with the intent of killing the birds. On or about June 1, 2009, a total of 16 birds were found dead in the vicinity of one Bee’s bait stations. The 16 birds included two Canada Geese, one American Crow, two Mallard Ducks, seven Mourning Doves, one Red-tailed Hawk, and three birds that were too decomposed to identify. “This case is an unfortunate example of why toxic pesticides are restricted in their use and application,” said Ashe. “Furadan has the ability to kill anything that ingests it.” Stewart commended the cooperative investigation by Fish and Wildlife agents, U.S. EPA investigators, and the assistance from the Ohio Department of Natural Resources Division of Wildlife, and the Ohio Bureau of Criminal Identification and Investigation, as well as Dayton Branch Chief Laura I. Clemmens, who prosecuted the case.
STATUTE:
- Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
- Migratory Bird Treaty Act (MBTA)