Elaine Gardner, Federal Fraud, Illinois 2019

Fairfield, IL – Elaine Gardner, of Wayne County, Illinois, was sentenced in November 2019 to 24 months of probation and a $1,000 fine after pleading guilty to a federal fraud charge stemming from a forged document submitted to facilitate illegal waste disposal. The case, investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID), revealed a deliberate attempt to mislead regulators and circumvent environmental protections.

The scheme began in April 2015 when Kevin Burns, then Vice President of IPP, received an email from Gardner, an employee of Earl’s, a waste transportation and disposal company. The email contained a letter, purportedly from the Illinois Department of Natural Resources (IDNR), which stated that Earl’s Class II injection well – designed for saltwater byproduct of oil and gas production – was authorized to accept “industrial wastewater.” This authorization was crucial, as the well was not permitted for such waste, and accepting it would have been a violation of federal and state regulations.

However, the IDNR letter quickly raised red flags. EPA-CID investigators interviewed John Harlan Dozier, the IDNR official whose name appeared on the document. Dozier emphatically denied authoring the letter, stating he lacked the authority to grant such approval and that the letter originated from a different regional office than his own jurisdiction. Further investigation by Mike Mankowski, Director of IDNR’s Office of Oil and Gas Resource Management, confirmed the letter’s fraudulent nature. Mankowski pointed out the absence of official IDNR letterhead, an atypical font, and discrepancies in the signature compared to Dozier’s authentic signature.

The investigation further uncovered that Kathy Weiss, an office associate who would have been responsible for typing any correspondence for Dozier, had no record of the letter and did not recognize the signature. A subsequent search warrant executed at Earl’s facility in June 2016 yielded a copy of the forged letter on Gardner’s computer. During the search, Gardner admitted to typing the document, though she remained evasive about whether she had also signed it.

The case highlights the potential for fraudulent activity within the waste disposal industry and the EPA-CID’s commitment to upholding environmental regulations. By submitting the forged letter, Gardner attempted to unlawfully expand the scope of Earl’s permitted operations, potentially endangering the environment and public health. The investigation underscores the importance of verifying documentation and maintaining strict oversight of waste management facilities.

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Key Facts

Defendant: Elaine Gardner
Location: Fairfield, Illinois
Statutes Violated: Title 18 U.S. Criminal Code, specifically 18 U.S.C. 1001 (False Statements)
Penalty: 24 months probation and a $1,000 fine.
Fraudulent Document: A letter falsely claiming IDNR authorization for disposal of industrial wastewater at a Class II injection well.
Investigation Agency: U.S. Environmental Protection Agency – Criminal Investigation Division (EPA-CID)

The sentencing of Gardner serves as a reminder that falsifying documents and attempting to circumvent environmental regulations will be met with federal prosecution. The EPA-CID continues to investigate potential environmental crimes and protect communities from harm.

Source: EPA ECHO Enforcement Case Database

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