Richard A. Bunnell, Violating the Rivers and Harbors Act, Florida 2014

Miami, FL – Richard A. Bunnell, 70, of Coconut Grove, Florida, has been sentenced following a federal investigation into illegal construction projects impacting navigable waterways in South Florida. Bunnell received six months of home detention, five years of probation, and hefty financial penalties after pleading guilty in December 2013 to violating the Rivers and Harbors Act.

The case, spearheaded by the U.S. Attorney’s Office for the Southern District of Florida, the Environmental Protection Agency (EPA), and the U.S. Army Corps of Engineers, revealed Bunnell knowingly erected structures – including docks and piers – in U.S. navigable waters without securing the necessary permits. Investigators determined Bunnell proceeded with construction on at least six installations in the Miami area despite lacking authorization from the Army Corps of Engineers, the agency responsible for regulating construction in these waterways.

“This sentencing demonstrates that individuals who disregard federal regulations designed to protect our nation’s waterways will be held accountable,” stated Wifredo A. Ferrer, former U.S. Attorney for the Southern District of Florida, in a press release following the sentencing. The EPA’s Criminal Investigation Division played a crucial role in uncovering the extent of Bunnell’s unauthorized projects and gathering evidence for prosecution.

The financial penalties levied against Bunnell are substantial. In addition to the home detention and probation, he was ordered to pay a $175,000 criminal fine. Further, Bunnell must remit $50,000 to the South Florida National Parks Trust, earmarked for management, restoration, and research efforts aimed at mitigating environmental damage. Critically, the plea agreement stipulates that Bunnell is responsible for submitting permit applications for the six installations and implementing any corrective actions mandated by the Army Corps of Engineers, including potential mitigation payments for ecological harm.

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Legal Ramifications

Bunnell was convicted under 33 U.S.C. § 403, a provision of the Rivers and Harbors Appropriation Act. This law prohibits the unauthorized construction of any structure that obstructs or alters navigable waters of the United States. Violations carry potential criminal penalties, including fines and imprisonment, reflecting the serious nature of impacting vital waterways.

Key Facts

Defendant: Richard A. Bunnell, 70
Location: Coconut Grove, Florida
Crime: Illegal construction of docks and piers without permits
Statute Violated: 33 U.S.C. § 403 (Rivers and Harbors Act)
Sentence: 6 months home detention, 5 years probation
Financial Penalties: $175,000 fine + $50,000 to South Florida National Parks Trust
Corrective Action: Required to file permit applications & implement Army Corps of Engineers directives.

The case underscores the importance of adhering to federal regulations governing construction in and around navigable waterways. The U.S. Army Corps of Engineers’ permitting process is designed to ensure projects are environmentally sound and do not impede navigation. Failure to comply, as in Bunnell’s case, can lead to significant legal and financial consequences.

Source: EPA ECHO Enforcement Case Database

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