Kurt E. Mix, Evidence Tampering, Louisiana 2015

New Orleans, LA – Kurt E. Mix, a former BP drilling engineer, was sentenced to six months of probation in 2015 after pleading guilty to a federal charge of intentionally deleting text messages related to the Deepwater Horizon oil spill response. The case, brought forward by the Environmental Protection Agency’s Criminal Investigation Division, highlights the lengths to which individuals attempted to control information in the aftermath of one of the worst environmental disasters in U.S. history.

According to court documents, Mix worked on the critical relief well operation following the April 2010 explosion that led to the massive oil spill in the Gulf of Mexico. Shortly after the disaster, BP issued a litigation hold notice to all employees, including Mix, instructing them to preserve all potentially relevant materials – including electronic communications – pertaining to the spill and its response. Mix acknowledged receiving and understanding the notice, which was repeatedly reinforced by BP’s legal department over the following sixteen months.

The investigation revealed that Mix engaged in frequent text message communication with a BP contractor, and close personal friend, via his company-issued iPhone. While many of these messages were personal, some contained information directly relating to the ongoing oil spill response efforts. Despite the active litigation hold, Mix intentionally deleted the entire text message thread with the contractor on August 20, 2011, using a command sent directly to his phone. This action constituted a deliberate attempt to remove potentially crucial evidence from discovery.

While the deleted messages were ultimately recovered through forensic analysis, the incident raised serious concerns about obstruction of justice and the integrity of BP’s internal investigation. Prosecutors argued that Mix’s actions were a calculated effort to conceal information that could have been damaging to BP in the numerous civil lawsuits and criminal investigations that followed the spill. The prosecution emphasized that Mix was fully aware of the litigation hold and the implications of deleting potentially relevant data.

Key Facts

• Defendant: Kurt E. Mix
• Location: Louisiana, relating to the Deepwater Horizon oil spill
• Crime: Intentional deletion of text messages subject to a litigation hold
• Statutes Violated: 18 U.S.C. 1030(a)(5)(A) – intentionally causing the transmission of a command to a computer (in this case, an iPhone) with the intent to cause damage or loss, and doing so without authorization.
• Penalty: Six months of probation
• Timeline: Incident occurred between April 2010 and August 2011; charged April 2012; pleaded guilty November 2015.

The relatively lenient sentence of six months probation has drawn some criticism, with legal observers suggesting that a harsher penalty might have sent a stronger message about the importance of preserving evidence in environmental and corporate criminal cases. However, the prosecution successfully established that Mix knowingly violated a court-ordered preservation requirement, leading to a conviction. This case serves as a cautionary tale for individuals involved in complex litigation, emphasizing the severe consequences of tampering with evidence, even in the digital age. The incident underscores the EPA’s commitment to pursuing criminal charges against those who attempt to obstruct investigations into environmental crimes.

GrimyTimes will continue to follow developments in cases related to the Deepwater Horizon disaster and its aftermath.

Source: EPA ECHO Enforcement Case Database

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