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FISCAL YEAR: 2013
1. PRINCIPAL DEFENDANT: Executive Recycling, Inc.
D.  Colorado  11-CR-00376-WJM
2. DEFENDANT: Brandon Richter
D.  Colorado  11-CR-00376-WJM
3. DEFENDANT: Tor Olson
D.  Colorado  11-CR-00376-WJM
Executive Recycling was an electronic waste recycling business located in Englewood, Colorado with affiliated locations in Utah and Nebraska. The company collected electronic waste from private households, businesses, and government entities. Executive Recycling was registered with the Colorado Department of Public Health and Environment as a “Large Quantity Handler of Universal Waste.” Richter, as owner and CEO, was responsible for supervising all aspects of the company. Olson, the vice president of operations, was responsible for running day-to-day operations.

A significant portion of electronic waste collected by the defendants were Cathode Ray Tubes (CRTs). CRTs are the glass video display component of an electronic device, usually a computer or television monitor, and are known to contain lead. The defendants engaged in the practice of exporting electronic waste, including CRTs, from the United States to foreign countries, including the People’s Republic of China. The defendants regularly negotiated the sale of electronic waste to brokers who represented foreign buyers or who sold the electronic waste overseas. The foreign buyers often paid the defendants directly. To transport the electronic waste, the defendants used shipping cargo containers which were loaded at the company’s facility. The containers were then transported by rail to domestic ports for export overseas.

Executive Recycling appeared as the exporter of record in over 300 exports from the United States between 2005 and 2008. Approximately 160 of these exported cargo containers contained a total of more than 100,000 CRTs.

Between February 2005 and continuing through January 2009, the defendants knowingly devised and intended to devise a scheme to defraud various business and government entities who wanted to dispose of their electronic waste, and to obtain these business and government entities’ money by means of materially false and fraudulent pretenses. The defendants represented themselves on a website to have “extensive knowledge of current EPA requirements.” The defendants falsely advertised to customers that they would dispose of electronic waste in compliance with all local, state and federal laws and regulations. It was part of the scheme that the defendants falsely represented that they would dispose of all electronic waste, whether hazardous or not, in an environmentally friendly manner. Specifically, the defendants falsely represented that the defendant company recycled electronic waste “properly, right here in the U.S.” They also stated that they would not send the electronic waste overseas.



September 15, 2011
The defendants were charged with fraud, Destruction, alteration, or falsification of records in Federal investigations and bankruptcy, Smuggling goods from the United States. The company was also charged with violating RCRA {42 U.S.C. 6928(d)(4) - knowingly generates, stores, treats, transports, disposes of, exports, or otherwise handles any hazardous waste...}.

CITATION: 18 U.S.C. 1341, 18 U.S.C. 1343, 18 U.S.C. 1519, 18 U.S.C. 554, 42 U.S.C. 6928(d)(4)
December 21, 2012
The defendants were convicted on all counts after a jury trial.


Press Release
District of Colorado
December 21, 2012

Environmental Waste Recycling Company and Executives Found Guilty of Fraud and International Environmental Crimes

DENVER – Executive Recycling, Inc. (a corporation), Brandon Richter, age 38, of Highlands Ranch, Colorado, who was the owner and chief executive officer, and Tor Olson, age 37, of Parker, Colorado, former vice president of operations, were convicted of multiple counts of mail and wire fraud, environmental crimes related to the illegal disposal of electronic waste, smuggling, and obstruction, following a 11-day trial before U.S. District Court Judge William J. Martinez, United States Attorney John Walsh, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Kumar Kibble, and EPA Criminal Investigation Division Special Agent in Charge Jeffrey Martinez announced. The jury deliberated for two and a half days before reaching their verdicts.

Executive Recycling, Inc., as a corporation, Brandon Richter and Tor Olson were indicted by a federal grand jury in Denver on September 15, 2011. The jury trial before Judge Martinez began on December 3, 2012. The jury reached their verdict on December 21, 2012. The defendants are scheduled to be sentenced by Judge Martinez sometime in April 2013.

“The improper disposal of electronic waste not only hurts our environment, it also leaves a legacy of environmental hazards for our children and our children’s children,” said U.S. Attorney John Walsh. “The trial team, including our prosecutors and staff, ICE HSI and the EPA, deserves the thanks of the public for their outstanding work during this ground-breaking environmental investigation that also involved a case of first impression in export control and complex criminal trial.”

“This criminal conviction demonstrates that there are no shortcuts to following U.S. export laws,” said Kumar Kibble, special agent in charge of HSI Denver. “For years this company also deceived the public by falsely advertising an environmentally friendly U.S. recycling business plan. Instead, it regularly exported obsolete and discarded electronic equipment with toxic materials to third-world countries, and took actions to illegally hide these practices from government officials.”

“The United States is a world leader in the manufacture and consumption of electronics and we have a responsibility to ensure they are disposed of properly,” said Jeffrey Martinez, EPA’s Special Agent in Charge of EPA’s criminal enforcement program in Colorado. “Many of these worn-out electronics are illegally exported to developing countries where people risk their health and the environment to retrieve the valuable materials left in them. Today’s guilty verdicts demonstrate that the American people will not tolerate the flagrant violation of laws that harm the environment and people of the developing world.”

According to the indictment, as well as the facts presented at trial, Executive Recycling was an electronic waste recycling business located in Englewood, Colorado with affiliated locations in Utah and Nebraska. The company collected electronic waste from private households, businesses, and government entities. Executive Recycling was registered with the Colorado Department of Public Health and Environment as a “Large Quantity Handler of Universal Waste.” Richter, as owner and CEO, was responsible for supervising all aspects of the company. Olson, the vice president of operations, was responsible for running day-to-day operations.

A significant portion of electronic waste collected by the defendants were Cathode Ray Tubes (CRTs). CRTs are the glass video display component of an electronic device, usually a computer or television monitor, and are known to contain lead. The defendants engaged in the practice of exporting electronic waste, including CRTs, from the United States to foreign countries, including the People’s Republic of China. The defendants regularly negotiated the sale of electronic waste to brokers who represented foreign buyers or who sold the electronic waste overseas. The foreign buyers often paid the defendants directly. To transport the electronic waste, the defendants used shipping cargo containers which were loaded at the company’s facility. The containers were then transported by rail to domestic ports for export overseas.

Executive Recycling appeared as the exporter of record in over 300 exports from the United States between 2005 and 2008. Approximately 160 of these exported cargo containers contained a total of more than 100,000 CRTs.

Between February 2005 and continuing through January 2009, the defendants knowingly devised and intended to devise a scheme to defraud various business and government entities who wanted to dispose of their electronic waste, and to obtain these business and government entities’ money by means of materially false and fraudulent pretenses. The defendants represented themselves on a website to have “extensive knowledge of current EPA requirements.” The defendants falsely advertised to customers that they would dispose of electronic waste in compliance with all local, state and federal laws and regulations. It was part of the scheme that the defendants falsely represented that they would dispose of all electronic waste, whether hazardous or not, in an environmentally friendly manner. Specifically, the defendants falsely represented that the defendant company recycled electronic waste “properly, right here in the U.S.” They also stated that they would not send the electronic waste overseas.

The defendants’ misrepresentation induced customers to enter into contracts or agreements with the defendants for electronic waste disposal. Each victim paid the defendants to recycle their electronic waste in accordance with the representations made by the defendants. Contrary to their representations, the defendants sold the electronic waste they received from customers to brokers for export overseas to the People’s Republic of China and other countries.

Executive Recycling as a corporation faces a $500,000 fine per count for 7 wire fraud counts, or twice the gross gain or loss. The corporation faces a conviction for one count of failure to file notification of intent to export hazardous waste, which carries a penalty of a $50,000 fine per day of violation, or twice the gross gain or loss. The corporation also faces a one count of exportation contrary to law, which carries a penalty $500,000 fine or twice the gross gain or loss.

Richter and Olson each face 7 counts of wire fraud, each count of which carries a penalty of not more than 20 years imprisonment and up to a $250,000 fine. They face one count exportation contrary to law, which carries a penalty of not more than 10 years imprisonment, and up to a $250,000 fine or twice the gross gain or loss, or both. Lastly, Defendant Richter faces one count of destruction, alteration, or falsification of records in Federal investigations and bankruptcy, which carries a penalty of not more than 20 years imprisonment and a fine of up to $250,000. There is also an asset forfeiture allegation, which states that upon conviction the defendants shall forfeit to the United States any and all property or proceeds derived from their illegal activity.

This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Environmental Protection Agency Criminal Investigation Division and the Colorado Attorney General’s Office, Special Prosecutions Unit.

The defendant is being prosecuted by Assistant U.S. Attorneys Suneeta Hazra and Valeria Spence and Special Assistant U.S. Attorney Lillian Alves.

July 17, 2013
Olson was sentenced to 14 months incarceration, ordered to pay a $5,000 federal fine and $17,536 in restitution.

July 23, 2013
Executive Recycling and Richter were sentenced as follows:
  • Executive was sentenced to 36 months probation and ordered to pay $4.5 million in federal fines.
  • Richter was sentenced to 30 months incarceration, ordered to pay a $7,500 federal fine, $70.144 in restitution and forfiet $142,241.


Press Release
District of Colorado
July 23, 2013

Executive Recycling Company and Executives Sentenced For Fraud and International Environmental Crimes

DENVER – Executive Recycling, Inc. (a corporation) and Brandon Richter, age 38, of Highlands Ranch, Colorado, the owner and chief executive officer of Executive Recycling, were sentenced today by U.S. District Court Judge William J. Martinez for their roles in a fraudulent scheme related to the disposal and exportation of electronic waste to foreign countries, announced United States Attorney John Walsh, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Kumar Kibble and EPA Criminal Investigation Division Special Agent in Charge Jeffrey Martinez. Executive Recycling, the corporation, was sentenced to pay a $4,500,000 fine and serve 3 years on probation. Richter was ordered to serve 30 months in federal prison, followed by 3 years on supervised release. Judge Martinez also ordered Richter to pay a $7,500 fine and $70,144 in restitution joint and several with the victims of the crime. Richter was ordered to report to a Bureau of Prisons facility within 15 days of designation. Judge Martinez also ordered $142,241.10 in asset forfeiture.

The defendants were convicted in December 2012 of multiple counts of mail and wire fraud and environmental crimes related to the illegal disposal of electronic waste, smuggling, and obstruction of justice, following an 11-day trial.

Last week former vice president of operations, Tor Olson, age 38, of Parker, Colorado, was sentenced to serve 14 months in prison, pay a $5,000 fine, and pay over $15,000 in restitution. Olson remains free on bond pending appeal.

Executive Recycling, Inc., as a corporation, Brandon Richter and Tor Olson were indicted by a federal grand jury in Denver on September 15, 2011. The jury trial before Judge Martinez began on December 3, 2012. The jury reached their verdict on December 21, 2012. Olson was sentenced on July 17, 2013.

According to the indictment, as well as the facts presented at trial, Executive Recycling was an electronic waste recycling business located in Englewood, Colorado with affiliated locations in Utah and Nebraska. The company collected electronic waste from private households, businesses, and government entities. Executive Recycling was registered with the Colorado Department of Public Health and Environment as a “Large Quantity Handler of Universal Waste.” Richter, as owner and CEO, was responsible for supervising all aspects of the company. Olson, the vice president of operations, was responsible for running day-to-day operations.

A significant portion of electronic waste collected by the defendants were Cathode Ray Tubes (CRTs). CRTs are the glass video display component of an electronic device, usually a computer or television monitor, and are known to contain lead. The defendants engaged in the practice of exporting electronic waste, including CRTs, from the United States to foreign countries, including the People’s Republic of China. The defendants regularly negotiated the sale of electronic waste to brokers who represented foreign buyers or who sold the electronic waste overseas. The foreign buyers often paid the defendants directly. To transport the electronic waste, the defendants used shipping cargo containers which were loaded at the company’s facility. The containers were then transported by rail to domestic ports for export overseas.

Executive Recycling appeared as the exporter of record in over 300 exports from the United States between 2005 and 2008. Approximately 160 of these exported cargo containers contained a total of more than 100,000 CRTs.

Between February 2005 and continuing through January 2009, the defendants knowingly devised and intended to devise a scheme to defraud various business and government entities who wanted to dispose of their electronic waste, and to obtain these business and government entities’ money by means of materially false and fraudulent pretenses. The defendants represented themselves on a website to have “extensive knowledge of current EPA requirements.” The defendants falsely advertised to customers that they would dispose of electronic waste in compliance with all local, state and federal laws and regulations. It was part of the scheme that the defendants falsely represented that they would dispose of all electronic waste, whether hazardous or not, in an environmentally friendly manner. Specifically, the defendants falsely represented that the defendant company recycled electronic waste “properly, right here in the U.S.” They also stated that they would not send the electronic waste overseas.

The defendants’ misrepresentation induced customers to enter into contracts or agreements with the defendants for electronic waste disposal. Each victim paid the defendants to recycle their electronic waste in accordance with the representations made by the defendants. Contrary to their representations, the defendants sold the electronic waste they received from customers to brokers for export overseas to the People’s Republic of China and other countries.

“The defendants in this case not only caused actual harm to the environment by shipping electronic waste overseas for dumping, they defrauded their customers by falsely claiming to be disposing of that waste in an environmentally safe way,” said U.S. Attorney John Walsh. “As cases like this one show, federal investigators and the U.S. Attorney’s Office can and will reach beyond our country’s borders to investigate crime and prosecute wrongdoers.”

“This prison sentence and fine awarded to this CEO demonstrate that there are no shortcuts to following U.S. export laws,” said Kumar Kibble, special agent in charge of HSI Denver. “This CEO also intentionally deceived the public for years by falsely advertising an environmentally friendly recycling business plan within the United States. Instead, he regularly exported tons of obsolete and discarded electronic equipment containing toxic materials to third-world countries, and took actions to illegally hide these practices from government officials.”

“The defendants claimed to safely recycle e-waste in the U.S., but regularly exported obsolete and discarded electronic equipment with toxic materials to third-world countries,” said Jeff Martinez, Special Agent in Charge of EPA’s criminal enforcement office in Colorado. “Pollution and greed respect no boundaries and EPA is committed to combating the illegal traffic of e-waste, which poses particularly significant environmental health risks in developing countries.”

This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Environmental Protection Agency Criminal Investigation Division and the Colorado Attorney General’s Office, Special Prosecutions Unit.

The defendants were prosecuted by Assistant U.S. Attorneys Suneeta Hazra and Valeria Spencer and Special Assistant U.S. Attorney Lillian Alves.

STATUTE:
  • Resource Conservation and Recovery Act (RCRA)
  • Title 18 U.S. Criminal Code (TITLE 18)

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