Related Federal Cases
Ex-President Charged in Employee Deaths
A former president of a Texas company has been charged with conspiracy to illegally transport hazardous materials, resulting in the deaths of two employees.
Matthew L. Bowman, former president of Port Arthur Chemical and Environmental Services LLC (PACES), was indicted by a federal grand jury in Beaumont, Texas, for his role in the deaths of the two truck drivers at the PACES facility in 2008 and 2009.
The indictment, which was announced by Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division and John M. Bales, U.S. Attorney for the Eastern District of Texas, alleges that Bowman was responsible for approving and directing PACES production operations, the disposal of hydrogen sulfide wastewater, employee safety precautions, directing the transportation of PACES wastewater, and determining what safety equipment could be purchased or maintained.
The exposure to hydrogen sulfide, a poisonous gas, resulted in the deaths of the two employees, who were truck drivers at the time of the incident. The National Institute for Occupational Safety and Health has classified hydrogen sulfide as an acute toxic substance that is the leading cause of sudden death in the workplace.
According to the indictment, Bowman was president and owner of PACES, which produced and sold caustic materials to paper mills, and CES Environmental Services (CES) located in Houston. PACES was in operation from about November 2008 to November 2010.
The defendants, including Bowman and PACES, are charged with conspiracy to violate the Hazardous Materials Transportation Uniform Safety Act (HMTUSA) and two counts of failure to implement appropriate controls to protect employees from exposure to hydrogen sulfide in violation of the Occupational Safety and Health Administration Act.
The indictment also charges the defendants with transportation of hazardous materials without placards and with false documents in violation of HMTUSA, violations of the Resource Conservation and Recovery Act, and making false statements.
The case is being investigated by the EPA Criminal Investigation Division, the U.S. Department of Transportation Office of Inspector General, the Texas Commission on Environmental Quality – Environmental Crimes Unit, and the Houston Police Department – Major Offenders, Environmental Investigations Unit. The case is being prosecuted by the U.S. Attorney’s Office for the Eastern District of Texas, Beaumont Division, and the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Both PACES and CES have filed for bankruptcy, and the conspiracy and substantive counts of the indictment each carry a maximum possible sentence of five years in prison and a fine of $250,000, and a $500,000 maximum fine for the corporation.
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Key Facts
- State: Texas
- Category: Violent Crime
- Source: DOJ Press Release ↗
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