SAN FRANCISCO, CA – A former nuclear remediation worker was sentenced this week for his role in a scheme to falsify soil sample data at the former Hunter’s Point Naval Shipyard in San Francisco. Justin Hubbard, along with co-defendant Stephen C. Rolfe, deliberately swapped contaminated soil samples with clean dirt from other areas of the base, misleading the U.S. Navy and potentially compromising the ongoing radiological cleanup efforts.
The fraud, which took place in 2012, involved Hubbard and Rolfe, both employed by government contractors, systematically substituting “clean” dirt for samples taken from designated survey units. These survey units were areas flagged for potential radioactive contamination, and accurate testing was crucial to determine the extent of required remediation. Instead of truthfully reporting the levels of radionuclides present, the pair manipulated the data to falsely indicate successful cleanup, effectively concealing ongoing contamination.
According to court documents, Hubbard admitted to personally driving his company truck to collect clean dirt and replace legitimate samples, affixing incorrect barcode labels to the bags to conceal the deception. Rolfe, a supervisor, went a step further, directing his team to engage in the same fraudulent practice on approximately twenty occasions. He also confessed to personally falsifying tracking sheets, further solidifying the false narrative presented to the Navy.
The scheme came to light through a joint investigation by the Nuclear Regulatory Commission (NRC) Office of Investigations, the Environmental Protection Agency (EPA), and the Department of Defense Office of Inspector General (DOD-OIG). Investigators uncovered evidence that the falsified data was knowingly submitted to the Navy, potentially delaying or preventing necessary further remediation of the site, a historically sensitive area undergoing a decades-long cleanup process.
Legal Ramifications
Both Hubbard and Rolfe were charged with one count of destruction, alteration, or falsification of records in federal investigations, a violation of 18 U.S.C. § 1519. This statute carries significant penalties for those who knowingly tamper with official records. On May 2, 2018, Hubbard was sentenced to eight months in prison and ordered to pay a $10,000 fine. Rolfe received the same prison sentence, along with a $2,000 fine. Both men will also serve a three-year period of supervised release following their incarceration.
Key Facts
- Defendant(s): Justin Hubbard, Stephen C. Rolfe
- Location: Hunter’s Point Naval Shipyard, San Francisco, California
- Years Active: 2012 (Sentencing in 2018)
- Crime: Fraudulent substitution of soil samples during nuclear remediation.
- Statute Violated: 18 U.S.C. § 1519 – Destruction, Alteration, or Falsification of Records in Federal Investigations
- Penalties: Eight months imprisonment, fines of $10,000 (Hubbard) and $2,000 (Rolfe), three years supervised release.
The case highlights the critical importance of data integrity in environmental remediation projects and underscores the potential consequences of prioritizing profit or expediency over public safety and environmental protection. The EPA and other federal agencies continue to monitor the Hunter’s Point Naval Shipyard cleanup, ensuring that accurate and reliable data is used to safeguard the surrounding community.
Source: EPA ECHO Enforcement Case Database
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