Esteban Pena, Pesticide Smuggling, California 2022

SAN YSIDRO, CA – A California man has been sentenced to probation and ordered to pay restitution after attempting to smuggle a significant quantity of undeclared pesticide into the United States. Esteban Pena, 34, was apprehended at the San Ysidro Port of Entry in March 2022, after U.S. Customs and Border Protection (CBP) officers discovered 34 bottles of the highly toxic pesticide Methamidophos concealed within the quarter panels of his vehicle.

The discovery triggered a joint investigation by CBP and the Environmental Protection Agency’s (EPA) Criminal Investigation Division (CID). Authorities determined Pena had intentionally failed to declare the pesticide to customs officials, a direct violation of federal law. Methamidophos, a potent organophosphate insecticide, is heavily restricted in the United States due to its potential health and environmental risks. Undeclared importation circumvents regulatory oversight and can lead to illegal use, posing dangers to agricultural workers, the public, and ecosystems.

According to court documents, Pena claimed he was unaware the pesticide was in his vehicle, a claim investigators found unconvincing given the deliberate concealment. The EPA CID emphasized the seriousness of the offense, stating that the illegal importation of restricted pesticides undermines efforts to ensure safe agricultural practices and protect the environment. Smuggling allows potentially dangerous substances to enter the country without proper labeling, testing, or regulation.

The case hinged on evidence collected during the vehicle search and subsequent investigation, including the physical placement of the pesticide bottles, which were strategically hidden to avoid detection. Federal prosecutors argued that Pena’s actions demonstrated a clear intent to bypass U.S. regulations. The investigation also revealed no legitimate purpose for Pena to possess such a large quantity of the restricted pesticide.

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Legal Ramifications

Pena was sentenced on March 21, 2022, to a two-year term of probation and ordered to pay $1,246 in restitution. He was convicted under Title 18 U.S. Criminal Code, specifically 18 U.S.C. 545, which addresses false statements to federal investigators and concealment of materials from customs officials. Violations of this statute can carry penalties ranging from fines to imprisonment, depending on the severity of the offense and the value of the concealed goods. In this case, the probation sentence reflects the circumstances of the crime and Pena’s lack of prior criminal record.

Key Facts

Defendant: Esteban Pena
Crime: Illegal Pesticide Smuggling
State: California
Year: 2022
Pesticide: 34 bottles of Methamidophos
Concealment: Hidden within vehicle quarter panels
Statute Violated: 18 U.S.C. 545
Penalty: Two years probation, $1,246 restitution

The EPA continues to prioritize the enforcement of laws related to pesticide regulation and will aggressively pursue individuals who attempt to circumvent these critical protections. The agency urges anyone with information regarding illegal pesticide activity to contact the EPA’s CID hotline.

Source: EPA ECHO Enforcement Case Database

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