Carl Kieser, Mail Fraud, Tax Evasion, Violation of FIFRA, Illinois 2015

Gibson City, IL – Carl Kieser, 63, was sentenced to eight years and one month in federal prison on February 19, 2015, following his conviction on charges of mail fraud, tax evasion, and the illegal application of a restricted-use pesticide. The case, investigated by a multi-agency task force, revealed a scheme where Kieser defrauded customers and knowingly violated environmental regulations while operating Aquatic Control of Illinois.

Kieser manufactured and sold a product marketed as “Pond Clear Plus,” claiming it was an environmentally friendly solution for lake and pond weed control utilizing “biological methods” and containing “no chemicals.” However, evidence presented at trial proved that Pond Clear Plus contained Diuron 80DF, a potent pesticide registered with the Environmental Protection Agency (EPA) for *land-based* weed control. The EPA explicitly warns against direct application of Diuron 80DF to water due to its toxicity to aquatic life.

Between July 2007 and September 2012, Kieser falsely advertised Pond Clear Plus, convincing customers it was a safe, chemical-free alternative. He distributed the product in unlabeled 2.5-gallon jugs, directly instructing customers to pour it into their ponds and lakes. Numerous customers reported fish kills following applications, directly linking the product’s chemical composition to environmental damage. Kieser even personally applied the product to customer’s waterways, exacerbating the harm.

The fraud extended beyond environmental violations. Kieser generated over $400,000 in revenue from the sale of Pond Clear Plus but failed to report any of the profits to the Internal Revenue Service (IRS) between 2008 and 2011. This deliberate tax evasion further compounded his criminal activity. The prosecution successfully demonstrated a clear pattern of deception designed to enrich Kieser at the expense of both his customers and the environment.

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Key Facts

Defendant: Carl Kieser, 63
Location: Gibson City, Illinois
Charges: Three counts of mail fraud, four counts of tax evasion, and violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Sentence: 97 months (8 years, 1 month) in federal prison, followed by three years of supervised release.
Restitution: $75,862 ($71,411 to the IRS, $4,451 to victims).
Product: “Pond Clear Plus” – falsely marketed as a chemical-free aquatic weed control.

Randall Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Illinois, emphasized the severity of the crime, stating that mail fraud can lead to “serious public health threats” and that the EPA’s mission is undermined by those who illegally market harmful chemicals. The investigation involved the U.S. Environmental Protection Agency, the Internal Revenue Service Criminal Investigation Division, and multiple state agencies.

Kieser violated 26 U.S.C. 7201 (Tax Evasion), 07 U.S.C. 136j(a)(2)(G) (Illegal pesticide application), and 18 U.S.C. 1341 (Mail Fraud). The penalties reflect the seriousness of the offenses, combining significant prison time with financial restitution to address the damage caused by Kieser’s actions. He was ordered to begin his sentence on May 5, 2015.

Source: EPA ECHO Enforcement Case Database

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