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Richard Magley, Fraud, IN 2003

GRIFFITH, IN – A former wave park operator in Indiana has been sentenced for knowingly submitting false reports regarding the safety of the park’s drinking water, according to records unsealed this week. Richard Magley, of Griffith, Indiana, pled guilty to a federal fraud charge in January 2003, bringing to light a deliberate attempt to mislead both state and federal environmental regulators.

The case, initially brought to light by the Indiana Department of Environmental Management (IDEM) and investigated by the Environmental Protection Agency’s (EPA) Region 5 office, centered around falsified certifications related to water quality testing at the wave park. Magley, responsible for ensuring the park’s water met public health standards, allegedly submitted reports containing inaccurate information, potentially endangering park visitors.

The investigation began after discrepancies were found during a routine review of water quality data submitted by Magley. Authorities quickly determined that the submitted documentation did not accurately reflect the actual testing results, raising concerns about possible contamination and the health risks posed to the public. Federal investigators focused on proving Magley *knowingly* misrepresented the data, a crucial element in securing a criminal conviction.

On October 7, 2002, Magley was formally charged with one count of filing a false certification, a violation of 18 U.S.C. 1001, which specifically prohibits knowingly making false statements to the federal government. The charge carries significant penalties, reflecting the seriousness of deceiving regulatory agencies responsible for public safety. Magley quickly entered a guilty plea, seemingly attempting to mitigate potential repercussions.

Sentencing & Penalties

On January 9, 2003, Magley appeared before a federal judge and received a sentence of 24 months probation. In addition to probation, he was ordered to pay a $25 special assessment fee and a substantial $5,000 federal fine. While the sentence wasn’t imprisonment, the conviction carries a permanent criminal record and significant professional repercussions. Legal experts suggest that the relatively lenient sentence may have been influenced by Magley’s prompt guilty plea and cooperation with investigators.

Key Facts

  • Defendant: Richard Magley
  • State: Indiana
  • Year: 2003
  • Crime: Filing False Certification (Fraud)
  • Statute Violated: 18 U.S.C. 1001 – False Statements
  • Penalty: 24 months probation, $25 assessment, $5,000 fine
  • Agencies Involved: EPA Region 5, Indiana Department of Environmental Management (IDEM)

The case serves as a stark reminder of the importance of regulatory compliance and the severe consequences of falsifying information submitted to government agencies. The EPA continues to prioritize the enforcement of environmental laws, particularly those related to public health and safety, and will vigorously pursue individuals who attempt to circumvent these regulations.


Source: EPA ECHO Enforcement Case Database

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