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TABLE I tConviction Rates and Dispositions for Individuals and Corporations Tota! rate Fiscal year of disposition) Conviction Defendant/ Disposition 1988 1989 1990 1991 1992 1993 (90) Individuals Acquitted 1 18 1 10 4 9 43 Dismissed 2 9 2 10 9 2 34 Convicted 2 13 4 12 10 14 55 Pleaded guilty 61 36 39 45 56 46 283 Subtotal 66 76 46 77 79 71 415 88.7 Corporations Acquitted 0 2 0 2 0 5 9 Dismissed 2 1 2 4 1 2 12 Convicted 1 2 1 3 6 4 17 Pleaded guilty 22 35 33 34 26 27 177 Subtotal 25 40 36 43 33 38 215 95.6 Total 91 116 82 120 112 109 630 91.1 tFiscal year is October I-September 30.Fiscal year 1993 data are only through flay 31, 1993. 2Conviction rates are calculated by dividing the sum of the number of guilty pleas and convictions by the sum of the number of guilty pleas,convictions,and acquittals. Source:Adapted from General Accounting Office tesdmony entitled"Environmental Crime:Issues Related to Justice's Criminal Prosecution of Environmental Offenses,"November 1993. r Sanctions Imposed 337 sentenced individuals,roughly one third ministrative Law Reporter, Computer Law (124)received prison time. Reporter, Inc., 1519 Connecticut Avenue The penalty most frequently imposed on NW, Suite 200, Washington, DC 20036, parties who were convicted or pleaded guilty Reference: Statement of L.Nye Stevens, (202)462-5755. to environmental crimes involved probation "Environmental Crime: Issues Related to and a fine. Specifically,93.2%of convicted Justice's Criminal Prosecution of Environ- corporations or businesses were fined.Of the mental Offenses."Published in the EPA Ad TSCA Plea Agreements Stipulate $1 Million in Fines, Probation, and Public Apology wo companies and an individual re- of the Toxic Substances Control Act(TSCA). and encouraging others to comply with envi- cently struck plea agreements to re- The individual was sentenced for one count ronmental law. Southwire Company (Car- solve criminal charges stemming of violating TSCA. rollton, Georgia), a wire manufacturer and from alleged mismanagement of copper majority ownerof Gaston,received two years smelter baghouse dust.The two companies, The sentence for Gaston Copper Recy- of probation and was assessed $190,000 in who were originally charged with violating cling Corporation (Gaston,South Carolina), penalties. The individual, a manager of the RCRA permit and transportation manifest where the ba-house dust was generated, in- Gaston plant and a Southwire employee, regulations,each pleaded guilty to eight mis- cluded a two-year probation, a total of faces a one-year probation and a fine of demeanor counts of distributing a hazardous $800,000 in fines, and a requirement to run $10,000.The plea agreements were entered waste without reporting it to EPA,a violation an advertisement apologizing for its actions November 9, 1993 in the U.S.District Court ' The Hazardous Waste Consultant:July/August 1994 3.9 ©Elsevier Science Inc. 0738-0232/94/50+57.00