Robert Kelly, Jr., Pesticide Fraud, TN 1999

Memphis, TN – Robert Kelly, Jr. was sentenced to 20 months in federal prison and ordered to pay $250,000 in fines after being convicted of illegally distributing and applying a highly toxic pesticide within homes across the Memphis area in 1998. The case, brought by the Environmental Protection Agency (EPA), revealed a deliberate scheme to defraud customers and recklessly endanger public health.

Kelly and his associates procured at least 280 gallons of methyl parathion – commonly known as “cotton poison” – from Mississippi under the false pretense of legitimate agricultural use. However, the pesticide was instead illegally sprayed inside residences, despite being explicitly approved *only* for outdoor application in uninhabited agricultural fields. The EPA’s investigation uncovered that Kelly knowingly circumvented safety regulations and exposed hundreds of individuals to dangerous levels of the chemical.

Methyl parathion is a potent organophosphate pesticide known for its extreme toxicity. When used indoors, its residual effects can last for up to two years, posing a significant and long-term health risk. Exposure can cause a range of symptoms, from headaches and nausea to severe convulsions, coma, and even death. Disturbingly, prosecutors presented evidence that Kelly failed to warn customers about the inherent dangers of the pesticide, even when directly questioned about its safety.

The investigation began following reports of illness among residents who had contracted Kelly’s services. Numerous individuals reported experiencing adverse health effects after the pesticide was applied in their homes. The EPA’s Criminal Investigation Division worked in conjunction with the U.S. Attorney’s Office to build a case against Kelly, demonstrating a pattern of intentional disregard for both federal regulations and the well-being of his customers.

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Legal Ramifications

Kelly was initially indicted on February 12, 1998, facing 42 counts of violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) – specifically 7 U.S.C. 136j (a)(2)(F), which prohibits the illegal distribution, sale, or use of restricted-use pesticides. He was also charged with conspiracy under 18 U.S.C. 371. A jury ultimately convicted him on 20 counts of FIFRA violations and the conspiracy charge on October 1, 1998. The sentencing on December 30, 1998, reflects the seriousness with which federal authorities view the intentional misuse of dangerous chemicals.

Key Facts

Defendant: Robert Kelly, Jr.
Location: Memphis, Tennessee
Pesticide Used: Methyl Parathion (aka “Cotton Poison”)
Amount Procured: At least 280 gallons
Laws Violated: 18 U.S.C. 371, 7 U.S.C. 136j (a)(2)(F)
Penalty: 20 months imprisonment, $250,000 in fines
Victims: Hundreds of residents exposed, some became ill
Misrepresentation: Pesticide purchased under false pretenses of agricultural use

This case serves as a stark reminder of the potential consequences of illegally using restricted pesticides and the importance of adhering to safety regulations designed to protect public health and the environment. The EPA continues to prioritize criminal enforcement actions against those who knowingly violate these laws.

Source: EPA ECHO Enforcement Case Database

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