Richard A. Bunnell, Violating 33 U.S.C. § 403, Florida 2013

Miami, FL – Richard A. Bunnell, 70, of Coconut Grove, has been sentenced following a federal investigation into the illegal construction of waterfront structures in South Florida. Bunnell was penalized for violating the Rivers and Harbors Act, a key piece of legislation designed to protect navigable waterways.

The case, investigated by the Environmental Protection Agency’s Criminal Investigation Division and the U.S. Army Corps of Engineers, revealed that Bunnell knowingly erected docks and piers without obtaining the necessary permits from the Army Corps. This unauthorized construction occurred in navigable waters, disrupting the delicate ecosystem and potentially impacting water traffic.

According to court documents, Bunnell pleaded guilty on December 26, 2013, to two counts of violating 33 U.S.C. § 403, the section of the Rivers and Harbors Appropriation Act that prohibits the unauthorized construction of structures in U.S. waters. The prosecution, led by Special Assistant U.S. Attorney Jodi A. Mazer and Assistant U.S. Attorney Thomas Watts-FitzGerald, successfully argued that Bunnell’s actions demonstrated a disregard for federal regulations and environmental protection.

U.S. District Judge K. Michael Moore handed down a sentence of six months of home detention, coupled with electronic monitoring, and five years of concurrent probation on each count. Beyond confinement, Bunnell was ordered to pay a substantial criminal fine of $175,000. Recognizing the environmental damage caused by the illegal construction, Judge Moore also mandated a $50,000 payment to the South Florida National Parks Trust for restoration and research initiatives.

The terms of the plea agreement extend beyond financial penalties. Bunnell is now responsible for submitting permit applications for six installations in the Miami area and implementing any corrective actions required by the Army Corps of Engineers. This includes addressing any modifications needed to bring the structures into compliance with federal law and paying for mitigation efforts to repair damage to natural resources. This aspect of the sentence highlights the EPA and DOJ’s increasing focus on restorative justice in environmental crimes.

“This case demonstrates the EPA’s commitment to enforcing laws that protect our nation’s waterways,” stated Maureen O’Mara, Special Agent in Charge of the EPA’s Criminal Investigation Division. “Individuals who circumvent federal regulations for personal gain will be held accountable.” U.S. Attorney Wifredo A. Ferrer echoed this sentiment, emphasizing the importance of protecting the integrity of the nation’s navigable waters.

Key Facts

Defendant: Richard A. Bunnell, 70, of Coconut Grove, Florida
Crime: Violation of the Rivers and Harbors Act (33 U.S.C. § 403)
Year: 2014
Sentence: Six months home detention with electronic monitoring, five years probation (concurrent on two counts), $175,000 criminal fine, $50,000 to South Florida National Parks Trust.
Restitution: Required to file permit applications and undertake corrective actions for six installations, plus pay for mitigation.
Investigating Agencies: Environmental Protection Agency (EPA), U.S. Army Corps of Engineers

Source: EPA ECHO Enforcement Case Database

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