Robert J. Sechan, Environmental Crime, PA 1998

A tangled web of fraud, bribery, and illegal waste handling unraveled in 1998 with the sentencing of Robert J. Sechan and several associates following a protracted legal battle. The case, originating in 1995, exposed a scheme to falsely claim the proper disposal of Polychlorinated Stilbenes (PCS) – a hazardous waste – while allegedly cutting corners and prioritizing profit over environmental regulations.

The Sechan family, previously involved in operating a hazardous waste landfill in western Pennsylvania which closed due to tightening regulations in the mid-1980s, attempted a pivot into waste treatment and recycling. They established two facilities: a thermal remediation plant in Arizona and a facility in Ashland, Kentucky. The Kentucky plant was ostensibly designed to mix PCS with asphalt for road repair. However, federal investigators discovered that tons of PCS were shipped to the Kentucky location but *never* processed, with customers being provided falsified documentation indicating proper disposal. This fraudulent activity formed the core of the government’s case.

The initial indictment in September 1995 brought a staggering 94 counts against the Sechan brothers and associate, John O’Brien. Charges included multiple counts of wire and mail fraud (18 U.S.C. 1343, 18 U.S.C. 1341), bribery of environmental officials in both Arizona and Kentucky (18 U.S.C. 666(a)(2)), racketeering (18 U.S.C. 1952), and violations of the Clean Water Act (33 U.S.C. 1311, 33 U.S.C. 1319(c)(1)(A)). O’Brien faced additional charges, including a violation of 18 U.S.C. 2, for offenses against the United States.

The trial, however, hit a dramatic snag in April 1997. A mistrial was declared after the husband and son of a juror attempted to extort $250,000 from the defendants, promising a favorable verdict. This brazen attempt at jury tampering led to their immediate arrest and further complicated the proceedings. Following the mistrial, Robert J. Sechan opted for a plea agreement, admitting guilt to three counts of bribery and one count of wire fraud. O’Brien and Charles Sechan also entered guilty pleas, focusing on Clean Water Act violations and bribery respectively.

The sentencing phase saw varying degrees of punishment. John O’Brien received 36 months of probation and a $2,500 fine. Charles Sechan was sentenced to 36 months probation and a $10,000 fine. Robert J. Sechan faced the most significant penalty, receiving a 12-month prison sentence, 36 months of probation, a $5,000 fine, and was ordered to pay $45,600 in restitution to the State of Kentucky. The case serves as a stark reminder of the lengths to which some will go to evade environmental regulations and the persistent efforts of law enforcement to hold them accountable.

Table of Contents

Key Facts

Defendant: Robert J. Sechan, Charles Sechan, John O’Brien
Crime: Fraudulent waste handling, bribery, Clean Water Act violations
Location: Pennsylvania, Arizona, Kentucky
Year: 1998 (Indictment 1995)
Waste Involved: Polychlorinated Stilbenes (PCS) – a hazardous waste
Statutes Violated: 33 U.S.C. 1311, 18 U.S.C. 1962(d), 18 U.S.C. 1962(c), 18 U.S.C. 666(a)(2), 18 U.S.C. 2, 33 U.S.C. 1319(c)(1)(A), 18 U.S.C. 1343, 18 U.S.C. 1341, 18 U.S.C. 1952
Penalties: Prison sentences (up to 12 months), probation (up to 36 months), fines (up to $10,000), restitution ($45,600)

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Source: EPA ECHO Enforcement Case Database

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