James Bosek, Wetland Destruction, Minnesota 2013

Garfield Man Found Guilty of Destroying Wetland

MINNEAPOLIS - A 48-year-old man from the central Minnesota community of Garfield was found guilty of constructing a road through a federally protected wetland basin located on his property.

James Bosek, a resident of Garfield, was convicted of one misdemeanor count of filling a wetland that was subject to a federal easement under the National Wildlife Refuge System Act.

The crime occurred on an unspecified date, but the road was discovered by the U.S. Fish and Wildlife Service in April 2008. Bosek was charged on August 19, 2011, after refusing the USFWS's demand that he remove the road and restore the wetland.

According to the U.S. Fish and Wildlife Service, Bosek knew of the easement before building the road, and that he did not obtain permission or authorization from the U.S. Fish and Wildlife Service before building the road.

A U.S. Fish and Wildlife Service biologist testified during the trial that Bosek's filling of the wetland damaged the wetland as a protected native habitat for waterfowl.

Bosek faces a potential maximum penalty of 180 days in prison, a $5,000 fine, and costs of restoring the wetland. Judge Leo I. Brisbois will determine his sentence at a future hearing, scheduled for March 27, 2013, at the federal courthouse in Fergus Falls.

This case is the result of an investigation by the U.S. Fish and Wildlife Service. It is being prosecuted by Assistant U.S. Attorneys Lola Velazquez-Aguilu, Thomas Calhoun-Lopez, and William J. Otteson.

Mandatory Facts:

Defendant: James Bosek

Criminal Charges: One misdemeanor count of filling a wetland that was subject to a federal easement under the National Wildlife Refuge System Act

City and State: Minneapolis, Minnesota

Exact Date: August 19, 2011 (charged)

Sentence or Outcome: Guilty verdict, potential maximum penalty of 180 days in prison, a $5,000 fine, and costs of restoring the wetland

Dollar Amounts: $5,000 fine

Source: https://www.justice.gov/usao-mn/pr/garfield-man-found-guilty-constructing-road-through-protected-wetland-basin