HOUSTON, TX – A decade-long scheme to falsify environmental testing results, potentially endangering public health and covering up hazardous waste contamination, culminated in convictions and substantial penalties for several individuals and the Intertek Testing Services Environmental Lab (ITS) in 2002. The case, originating in 2000, revealed a conspiracy to manipulate data from samples collected at Superfund sites, Department of Defense facilities, and other contaminated locations across the United States.
According to court documents, between 1988 and 1997, employees and former employees of ITS systematically falsified test results used to assess environmental safety. These results directly impacted crucial decision-making processes related to the cleanup of hazardous waste, including the monitoring of cancer-causing petrochemicals in groundwater, drinking water, and soil. The manipulated data concealed the true extent of contamination and potentially exposed communities to significant health risks. ITS operated as a subcontractor, providing analytical services to environmental and engineering firms working on behalf of federal, state, and local governments.
The initial indictment on September 21, 2000, charged a total of 30 counts against multiple defendants, including conspiracy (18 U.S.C. 371) and fraud (18 U.S.C. 1341). The investigation quickly led to a series of guilty pleas. Roland admitted to violating 18 U.S.C. 1003, making false demands against the United States. Subsequently, James Neil Mayhew, Littles, and Truong also pled guilty to the same charge. Duncan followed suit, further unraveling the conspiracy. Notably, eight additional defendants, while charged, were acquitted by a jury, suggesting complexities within the scheme and varying degrees of involvement.
Corporate Accountability
The scope of the fraud extended beyond individual employees, with ITS itself charged in an Information with conspiracy on October 5, 2001. The company ultimately pled guilty, accepting responsibility for the systemic failures that allowed the falsification to occur. The sentencing reflected the severity of the offense. ITS was placed on 42 months of probation and ordered to pay a staggering $9 million in federal fines, later supplemented by an $8,741,000 civil penalty. This significant financial penalty underscores the government’s commitment to holding corporations accountable for environmental crimes.
Individual Sentences
Individual sentences varied based on the extent of each defendant’s involvement. James Neil Mayhew received six months of incarceration, followed by 60 months of probation, and a $100 assessment fee. Duncan received 36 months probation and a $25 assessment fee. Littles, Roland, and Truong each received 24 months probation and a $25 assessment fee. These penalties, while seemingly lenient, are consistent with sentencing guidelines for violations of 18 U.S.C. 1003, which addresses false claims and demands against the United States.
Key Facts
- Defendant: James Neil Mayhew and others, Intertek Testing Services (ITS)
- Location: Texas, with impacts nationwide
- Years Active: 1988-1997
- Statutes Violated: 18 U.S.C. 371 (Conspiracy), 18 U.S.C. 1341 (Fraud), 18 U.S.C. 1003 (False Claims)
- ITS Penalty: 42 months probation, $9 million in fines, $8,741,000 civil penalty
- Mayhew Sentence: 6 months incarceration, 60 months probation, $100 assessment
- Impact: Falsified environmental data at Superfund sites and other contaminated locations, potentially endangering public health.
This case serves as a stark reminder of the potential consequences of environmental fraud and the importance of accurate data in protecting public health and the environment. The GrimyTimes will continue to follow developments in environmental crime and hold those responsible accountable for their actions.
Source: EPA ECHO Enforcement Case Database
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