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Friday, May 25, 2007

Environment - Wabash Environmental trial in federal court concludes

Howard Greninger of the Terre Haute Trib-Star reports:

INDIANAPOLIS — Derrik Hagerman made false statements in monitoring documents required to be filed and maintained under the federal Clean Water Act, a jury found Thursday.

Judge David F. Hamilton ordered a pre-sentencing report to help determine criminal penalties and fines in the case. The judge will then schedule a sentencing hearing for Hagerman.

The jury in U.S. District Court found Hagerman and his company, Wabash Environmental Technologies LLC, guilty of 10 counts of knowingly failing to report results of pollutant discharges into the Wabash River and creating false reports showing lower concentrations of phenol, zinc, copper, ammonia and biological oxygen demand that had gone into the river.

Hagerman, 53, president and owner of Wabash Environmental Technologies, could face up to two years for each count.

Hagerman said he will appeal.

In closing remarks, Assistant U.S. Attorney Steve DeBrota said Hagerman was notified of the high amounts of discharge of metals into the river, yet used a “Derrick Hagerman fudge factor” when reports were submitted to government agencies.

“If nothing else, Hagerman should have stopped discharging until [reporting numbers] were right,” DeBrota said.

Hagerman contended he was a victim of a scheme by some former employees to deceive him. * * *

The jury began deliberations at 10:26 a.m. Thursday and reached its verdict at 2:35 p.m.

Posted by Marcia Oddi on May 25, 2007 08:21 AM
Posted to Environment | Ind Fed D.Ct. Decisions