Amherst, NY – Acquest Transit, LLC, a now-defunct company based in Amherst, New York, has been penalized for deliberately flouting a federal court order regarding protected wetlands on a 97-acre property located at 10880 Transit Road. The company was fined $250,000 and sentenced to two years of probation following a conviction of criminal contempt, as announced by the U.S. Attorney’s Office for the Western District of New York on March 9, 2016.
The case stems from a 2009 civil lawsuit brought by the Department of Justice alleging illegal filling of federally protected wetlands on the property, which Acquest Transit, LLC purchased in January 2006 for $425,000. William L. Huntress served as the sole member and manager of the company at the time of the alleged violations.
Wetland Dispute & Court Order
Following the Department of Justice’s civil complaint, Senior U.S. District Judge William M. Skretny issued a preliminary injunction on July 15, 2009, explicitly prohibiting any further filling or earthmoving activities on the site. This injunction was intended to preserve the integrity of the wetlands while the civil case progressed. However, investigators discovered that on May 25, 2010, mechanized agricultural work was conducted on the property *on behalf of* Acquest Transit, LLC – a direct violation of Judge Skretny’s standing order.
Willful Disregard of the Law
Assistant U.S. Attorney Aaron J. Mango, who prosecuted the case, argued that Acquest Transit, LLC acted “willfully” in disregarding the court order. The prosecution successfully demonstrated that the company, through its actions and the direction given to the farmer operating the equipment, knowingly and intentionally violated the injunction. The fact that the work was carried out by a third party acting on the company’s behalf did not absolve Acquest Transit, LLC of responsibility.
Legal Ramifications & Penalties
The conviction under criminal contempt highlights the seriousness with which federal courts treat violations of their orders. Acquest Transit, LLC was found to have violated 18 U.S.C. 401(3), which pertains to the willful disobedience or resistance to any lawful writ, process, order, or command made under authority of the United States. This federal statute allows for criminal penalties when a party intentionally disregards a court order. The $250,000 fine and two-year probationary period serve as both punishment and a deterrent against future violations.
Key Facts
- Defendant: Acquest Transit, LLC
- Location: Amherst, New York
- Crime: Criminal Contempt (Violation of Federal Court Order)
- Year: 2016
- Statute Violated: 18 U.S.C. 401(3)
- Penalty: $250,000 fine and two years probation
- Original Complaint: Illegal filling of federally protected wetlands
- Court Order Issued: July 15, 2009, prohibiting further work on the site
The case serves as a stark reminder that environmental regulations, and the court orders designed to enforce them, are not to be taken lightly. Companies found in contempt of court can face significant financial and legal repercussions, even when utilizing third-party contractors to carry out prohibited activities.
Source: EPA ECHO Enforcement Case Database
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