Anthony Gray, Conspiracy to Defraud the United States, Ohio 2020

CINCINNATI, OH – Anthony Gray, former operations and sales manager for Lomack Drum Company (LDC), was sentenced to three years’ probation for conspiring to illegally operate an industrial incinerator and obstructing environmental regulations, according to court documents unsealed this week. The case, stemming from violations dating back over a decade, highlights a pattern of deceit and disregard for environmental safety at the Ohio-based drum reconditioning facility.

Lomack Drum Company, also known as L. Gray Barrel & Drum Company and Gray Container LLC, specialized in reconditioning used metal drums. Gray, working alongside another owner who has since passed away, oversaw daily operations. In 2009, the company’s incinerator – a crucial component of the reconditioning process – drew scrutiny from environmental officials. A temporary restraining order was issued after visible emissions violations were observed, indicating the incinerator was not operating within permitted parameters.

Following the restraining order, Gray and his business partner ostensibly agreed to comply with new permit conditions, including a mandatory inspection to demonstrate the incinerator’s ability to maintain the required operating temperature. However, testing revealed the incinerator consistently failed to meet these standards. Rather than address the issue honestly, court records show Gray and his partner engaged in a deliberate scheme to conceal the ongoing violations.

Between 2013 and 2014, the pair allegedly operated the incinerator during nighttime hours, avoiding potential observation by authorities. When questioned about the incinerator’s performance, Gray knowingly provided false statements to investigators, further compounding the criminal activity. The scheme ultimately unraveled, leading to federal charges and Gray’s recent sentencing.

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Legal Ramifications

Gray pleaded guilty to conspiracy to violate Title 18 U.S. Criminal Code § 371, which addresses conspiracy to defraud the United States. The sentence includes eight months of home confinement as part of the three-year probation, alongside a requirement to complete 250 hours of community service. While the penalty may appear lenient, legal experts note that environmental crimes are increasingly prosecuted with a focus on deterrence and remediation, and that the company itself may have faced additional penalties.

Key Facts

Defendant: Anthony Gray
Company: Lomack Drum Company (LDC), L. Gray Barrel & Drum Company, Gray Container LLC
Location: Ohio
Years of Violation: 2009 – 2014
Crime: Conspiracy to violate environmental regulations and obstruction of justice.
Statute Violated: 18 U.S.C. § 371
Penalty: Three years probation, eight months home confinement, 250 hours community service.

The case serves as a stark reminder of the potential consequences of prioritizing profit over environmental compliance. GrimyTimes will continue to follow developments related to LDC and any potential ongoing investigations into related environmental violations.

Source: EPA ECHO Enforcement Case Database

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