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Mark Morgan, Pesticide Smuggling, California 2021

SAN YSIDRO, CA – A California man was sentenced last month for illegally importing highly restricted pesticides into the United States from Mexico. Mark Morgan, 49, received 14 days in jail, two years of supervised release, a $10,000 fine, and $1,360 in restitution following a probe by the Environmental Protection Agency’s (EPA) Criminal Investigation Division. The case highlights ongoing concerns about the illicit trade of dangerous chemicals across the U.S.-Mexico border.

According to court documents, Morgan attempted to enter the United States through the San Ysidro Port of Entry on November 19, 2020. During inspection, authorities discovered 34 bottles of DDVP 500U – a potent organophosphate insecticide also known as dichlorvos – concealed within his vehicle. Morgan knowingly failed to declare the pesticides to customs officials and actively attempted to hide them from view. The bottles were labeled entirely in Spanish and critically, lacked any EPA registration number, a clear indicator of their illegal status for use within the United States.

The EPA’s investigation revealed Morgan had purchased the DDVP 500U in Mexico. The substance, while legal for certain uses in some countries, is heavily regulated in the U.S. due to its toxicity. Unregistered pesticides pose significant risks to human health and the environment, as their composition and potential side effects are unknown and unregulated. Experts warn that improper handling or application of such chemicals can lead to acute poisoning, long-term health problems, and environmental contamination.

Federal prosecutors argued that Morgan’s actions demonstrated a deliberate disregard for U.S. laws designed to protect the public and the environment. The concealment of the pesticides strongly suggested an intent to distribute them, potentially circumventing stringent regulations and safety protocols. While the intended use of the DDVP 500U remains unclear, authorities suspect it may have been destined for agricultural applications or pest control services, where it could have been applied without proper oversight.

Legal Ramifications

Morgan was convicted of violating Title 18 U.S. Criminal Code, specifically 18 U.S.C. 545, which prohibits the introduction of unregistered pesticides into interstate commerce. This federal statute carries significant penalties, including imprisonment, fines, and restitution for damages caused by the illegal activity. In this case, Morgan received a 14-day jail sentence, a two-year term of supervised release, a $10,000 fine, and was ordered to pay $1,360 in restitution to cover investigation costs. The severity of the penalties reflects the seriousness with which federal authorities view violations of pesticide regulations.

Key Facts

  • Defendant: Mark Morgan
  • Location: San Ysidro, California
  • Date of Offense: November 19, 2020
  • Pesticide: 34 bottles of DDVP 500U (dichlorvos)
  • Statute Violated: 18 U.S.C. 545
  • Sentence: 14 days incarceration, 2 years supervised release, $10,000 fine, $1,360 restitution
  • Key Issue: Illegally imported unregistered pesticides from Mexico

The EPA continues to prioritize the investigation and prosecution of illegal pesticide trafficking, working closely with Customs and Border Protection to intercept harmful substances at points of entry. The agency urges anyone with information about the illegal import or sale of pesticides to report it to the EPA’s Criminal Investigation Division.


Source: EPA ECHO Enforcement Case Database

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