Denver, CO – Former Executive Recycling vice president Tor Olson was resentenced in February 2017, concluding a years-long legal battle stemming from a sophisticated scheme to illegally export hazardous electronic waste. The case, initially surfacing after a 60 Minutes exposé in 2008, revealed a deliberate effort by Executive Recycling (ER) to circumvent environmental regulations and profit from the improper disposal of toxic materials.
From 2005 to 2009, ER presented itself as an environmentally responsible e-waste recycler in Denver, assuring clients their discarded electronics would be handled legally and safely within the United States. However, investigators discovered that the company was systematically shipping hazardous cathode ray tubes (CRTs) – the glass components of older computer monitors and televisions containing lead – to Hong Kong. In April 2008, Hong Kong customs officials intercepted a container originating from ER’s facility, rejecting the shipment due to its hazardous nature under Chinese law. A subsequent search of the returned container by U.S. agents revealed nearly 300 CRTs and 20 boxes of broken monitor parts, all testing positive for toxic levels of lead.
The initial investigation led to the 2012 conviction of ER, its president Brandon Richter, and Olson on charges of mail and wire fraud, smuggling, obstruction of justice, and violation of the Resource Conservation and Recovery Act (RCRA). The trio were found guilty of deceiving customers about the fate of their e-waste and knowingly exporting hazardous materials in violation of both domestic and international laws. ER was slapped with a staggering $4.5 million fine, and Richter and Olson faced prison time and restitution orders. However, the convictions were initially overturned by the 10th Circuit Court of Appeals in 2015, except for a single obstruction of justice count against Richter.
Following the appeals court decision, both Richter and Olson opted to plead guilty to wire fraud. Richter was re-sentenced in June 2016 to 22 months’ incarceration, along with three years of supervised release and $70,144 in restitution. Olson’s final sentencing in February 2017 saw him receive six months’ incarceration, three years of supervised release, a $2,500 fine, and $2,065 in restitution to the City of Boulder. A forfeiture order of $142,241 was also levied against the defendants.
Statutes Violated & Penalties
The defendants violated several federal statutes, including 18 U.S.C. § 1341 (Mail Fraud) and 18 U.S.C. § 1343 (Wire Fraud), which carry maximum penalties of 20 years imprisonment and significant fines. They also violated 42 U.S.C. § 6928(d)(4), a section of the Resource Conservation and Recovery Act (RCRA) concerning the unlawful transportation of hazardous waste, and 18 U.S.C. §§ 554 & 1519 related to obstruction of justice. The penalties imposed reflected the severity of the environmental damage and the deliberate nature of the fraud.
Key Facts
- Defendant: Tor Olson (former VP of Executive Recycling)
- Crime: Illegal export of hazardous e-waste and wire fraud
- Location: Denver, Colorado
- Years Active: 2005-2009 (scheme), 2017 (final sentencing)
- Hazardous Material: Cathode Ray Tubes (CRTs) containing lead
- Investigation Trigger: A 60 Minutes report exposing the illegal shipments.
- Penalties: 6 months incarceration, $2,500 fine, $2,065 restitution, $142,241 forfeiture.
The U.S. Environmental Protection Agency (EPA) Criminal Investigation Division and U.S. Immigration and Customs Enforcement (ICE) spearheaded the investigation, highlighting the collaborative effort required to combat environmental crimes and hold perpetrators accountable. This case serves as a stark reminder of the dangers of improper e-waste disposal and the importance of stringent environmental regulations.
Source: EPA ECHO Enforcement Case Database
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