Eric Donald Roth, Sr., Fraud, MO 1985

FESTUS, MO – Eric Donald Roth, Sr., owner of Analyst Consulting Laboratories, Inc., was sentenced in May 1985 following a guilty plea and subsequent indictment for defrauding five Missouri cities through falsified water quality testing. Roth’s scheme involved submitting inaccurate Discharge Monitoring Reports (DMRs) to the Missouri Department of Natural Resources, effectively misleading authorities about the compliance of municipal wastewater treatment facilities with the Clean Water Act.

The investigation revealed that Roth’s laboratory, located in Festus, Missouri, was contracted by multiple cities to perform crucial analyses required by their Clean Water Act permits. These permits mandate regular monitoring of discharged wastewater to ensure it meets established environmental standards. Instead of providing accurate results, Roth knowingly fabricated data, presenting false information that painted a misleading picture of water quality. The cities, relying on these fraudulent reports, believed they were in compliance when, in reality, they may have been violating federal regulations.

The case unfolded after an initial indictment on May 23, 1985, outlining ten counts against Roth. These included three felony charges of making false statements under Title 18 U.S. Code Section 1001, two counts of mail fraud as defined in Title 18 U.S. Code Section 1341, and five misdemeanor counts of false statements specifically related to violations of the Clean Water Act, Section 309(c)(2) of Title 33 U.S. Code Section 1319(c)(2).

On January 8, 1985, Roth entered a guilty plea to one felony count of false statements and two misdemeanor counts. While facing potential jail time on all charges, the sentencing handed down on June 9, 1985, was a mixed outcome. Roth received four months imprisonment on each of the Clean Water Act misdemeanor counts, to be served concurrently. However, sentencing on the single felony count was suspended, contingent upon Roth successfully completing five years of probation and performing 200 hours of community service. This lenient outcome has drawn scrutiny from environmental watchdogs who argue that the penalties did not fully reflect the severity of the offense and its potential impact on public health and the environment.

The case highlights a critical vulnerability in environmental enforcement: the reliance on third-party laboratories for accurate data reporting. The falsification of DMRs not only undermines the integrity of the Clean Water Act but also places a significant burden on regulatory agencies to detect and prosecute such schemes. The incident serves as a stark reminder of the importance of rigorous oversight and quality control measures within environmental testing facilities.

The Department of Justice’s pursuit of this case demonstrates a commitment to holding accountable those who attempt to circumvent environmental regulations for financial gain. While the specific penalties in this instance may appear light by today’s standards, the prosecution established a precedent for pursuing criminal charges against individuals and companies involved in environmental fraud. The case remains a notable example of how seemingly technical violations of environmental law can have significant legal consequences.

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Key Facts

Defendant: Eric Donald Roth, Sr. (d/b/a Analyst Consulting Laboratories, Inc.)
Location: Festus, Missouri
Year: 1985
Victims: Five Missouri cities
Statutes Violated: 18 U.S.C. 1001 (False Statements), 33 U.S.C. 1319(c)(2)(a) (Clean Water Act), 18 U.S.C. 1341 (Mail Fraud)
Penalties: Four months imprisonment (concurrent) on each Clean Water Act misdemeanor count; felony sentencing suspended pending five years probation and 200 hours community service.
Crime: Submission of false Discharge Monitoring Reports (DMRs) to the Missouri Department of Natural Resources.

Source: EPA ECHO Enforcement Case Database

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