Douglassville, PA – Blue Marsh Laboratories, Inc., and its owner, Michael J. McKenna, were sentenced in 2012, with lingering state penalties extending into 2013 and 2014, following a federal investigation revealing a systematic scheme to falsify environmental and food safety test results. The company, specializing in analytical testing of water, wastewater, and imported produce, deliberately submitted inaccurate data to both the Environmental Protection Agency (EPA) and the Food and Drug Administration (FDA), jeopardizing public health and environmental safety.
The investigation, spearheaded by the EPA’s Criminal Investigation Division and the FDA’s Office of Criminal Investigations, uncovered that Blue Marsh Laboratories routinely failed to adhere to proper EPA testing methodologies. From September to October 2005, the lab fabricated results for Hurricane Katrina floodwater samples, crucial data needed to assess contamination levels including cyanide and herbicides. This deceitful practice extended to food safety testing, where fraudulent reports were generated for imported fruit from South America between July and September 2007, potentially allowing contaminated produce to reach consumers.
Federal prosecutors revealed that the scheme was motivated by financial gain, with Blue Marsh and McKenna knowingly defrauding customers by charging for unreliable and inaccurate testing services. The falsified reports were not isolated incidents, but rather a consistent pattern of misconduct designed to cut corners and maximize profits. Lab Manager Debbie Ann Wanner was also charged and ultimately sentenced for her role in the conspiracy, highlighting the widespread involvement within the organization.
Legal Ramifications & Penalties
McKenna pleaded guilty to conspiracy (18 U.S.C. 371), making false statements (18 U.S.C. 1001), and violating the Clean Water Act (33 U.S.C. 1319). He received a nine-month prison sentence, along with 37 months of probation. Blue Marsh Laboratories was sentenced to five years of probation. Beyond the federal charges, McKenna faced additional penalties in Pennsylvania state court, where he pleaded guilty to Theft by Deception and Deceptive Business Practices, resulting in a 23-month incarceration and a hefty $156,651 in restitution. Wanner received 48 months probation and $147 in restitution.
Investigation & Cooperation
The multi-agency investigation involved the Defense Criminal Investigative Service, demonstrating the broad impact of the fraudulent activity. Law enforcement officials emphasized the seriousness of the offenses, stressing the importance of accurate testing data for safeguarding public health and the environment. “Americans expect their public water supply to be clean and safe to drink and the fruit they buy safe to eat,” stated Special Agent-in-Charge David G. McLeod, Jr. of the EPA, underscoring the betrayal of public trust.
The case serves as a stark reminder of the consequences for prioritizing profit over public safety. The penalties imposed on McKenna and Blue Marsh Laboratories, while significant, may not fully compensate for the potential harm caused by the falsified test results. The incident has prompted calls for stricter oversight of environmental and food testing laboratories to prevent similar incidents from occurring in the future.
Key Facts
- Defendant: Blue Marsh Laboratories, Inc. and Michael J. McKenna
- Crime: Fraudulent reporting of environmental and food safety test results
- Location: Douglassville, Pennsylvania
- Years Active: 2005-2007 (scheme uncovered in 2011-2014)
- Statutes Violated: 18 U.S.C. 371, 18 U.S.C. 1001, 33 U.S.C. 1319
- Penalties: McKenna – 9 months imprisonment, 37 months probation, $156,651 restitution; Blue Marsh Labs – 5 years probation; Wanner – 48 months probation, $147 restitution
- Impact: Compromised the integrity of water quality testing (including post-Hurricane Katrina samples) and food safety inspections for imported produce.
Source: EPA ECHO Enforcement Case Database
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