FISCAL YEAR: 2010

David Grummer of Oceanside, California, was sentenced to 18 months incarceration, 36 months probation and ordered to pay a $3,000 criminal fine and $92,411 in restitution, after pleading guilty to one misdemeanor FIFRA count, one felony CAA count and one felony count of violating the Hazardous Materials Transportation statute. Grummer ws a manager for an environmental service company contracted by various cities in San Diego County to manage household hazardous waste collection facilities. He diverted incoming waste, such as banned pesticides {DDT and chlordane} and CFC R-12 {freon} to sell for ersonal profit. Grummer used the Internet to sell the banned pesticides and freon. Once a pesticide is cancelled, the disribution, sale or use of the pesticide, except in accordance with the cancellation notice, is a violation of FIFRA. The sale of CFC R-12 to unlicensed individuals is a violation of the CAA. Grummer used FedEx to ship banned pesticides and freon to his customers and did not properly package, label or declare the shipments as hazardous materials, which is a U.S. Department of Transportation violation. On January 14, 2008, a joint undercover operation with the FBI resulted in Grummer illegally selling and sending CFC R-12 to an undercover address. A search warrant was executed on January 17, 2008, which included the seizure of computer images of Grummer's computers by members of EPA-CID's National Computer Forensics Laboratory {NCFL} in Jacksonville, Florida. NCFL discovered what was believed to bechild pronography on the computer images seized during the January 2008 search warrant. The NCFL subsequently provide the seized images to the FBI - San Diego. Based on the probable cause derived from EPA-CID's efforts, the FBI obtained a federal search warrant, which was executed in July at Grummer's residence. Grummer was charged in a superseding indictment with 24 total counts related to the attempted sexual exploitation of a child, and the receipt and possession of child pornography. Grummer went to trial and on June 24, 2010, the jury returned a guilty verdict as to counts 2 through 24 which all included charges of receipt and possession of child pornography. Grummer was sentenced to 295 months incarceration {to run concurrent with the 18 months he is presently serving related to the predicate environmental case}, 180 months probation and ordered to pay a special assessment of $2,300.

December 17, 2008 CITATION: 18 U.S.C. 2252(a)(2), 18 U.S.C. 2252(a)(4)(B)

September 23, 2009

STATUTE:

• Clean Air Act (CAA)
• Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
• Other Federal Statutes (Other)