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William L. Huntress, Wetlands Filling, New York 2011

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Wetlands Filling Scheme Exposed in Amherst, N.Y.

A New York developer and his companies have been charged with conspiracy to illegally fill jurisdictional wetlands in Amherst, N.Y.

William L. Huntress, Acquest Transit LLC, and Acquest Development LLC, were charged in the Western District of New York with illegally filling wetlands in Amherst, N.Y., as detailed in the seven-count indictment.

The indictment alleges that the defendants conspired to fill over 90 acres of wetlands situated on a 96-acre parcel upstream from Tonawanda and Ransom Creeks. The defendants purchased the property with the intent of commercially developing the site and were aware of the presence of the wetlands at the time of that purchase.

According to court documents, Huntress and other conspirators concealed the illegal wetland filling by concealing documents from the Environmental Protection Agency (EPA), making false statements to federal law enforcement officers, and disregarding both administrative and judicial orders enjoining the defendants from further earth-moving activities on the site.

The indictment charges the defendants with conspiracy to defraud the United States and to violate the Clean Water Act; substantive Clean Water Act counts; obstruction of justice; false statements; concealment of material facts; and contempt of court.

The Clean Water Act counts of the indictment each carry a maximum possible term of three years in prison and a potential $50,000 fine for each day the violations occurred. The conspiracy and false statements counts of the indictment each carry a maximum possible term of five years in prison and a fine of $250,000, twice the gross gain to the defendants or twice the gross loss to a victim. The obstruction of justice count of the indictment carries a maximum possible sentence of 20 years in prison and similar fines.

Defendant: William L. Huntress

Criminal Charges: Conspiracy to defraud the United States and to violate the Clean Water Act; substantive Clean Water Act counts; obstruction of justice; false statements; concealment of material facts; and contempt of court

City and State: Amherst, N.Y.

Crime Date: November 10, 2011

Sentence or Outcome: Scheduled to make their initial appearances in federal court in the Western District of New York on November 10, 2011

Dollar Amounts: Maximum possible term of three years in prison and a potential $50,000 fine for each day the violations occurred; maximum possible term of five years in prison and a fine of $250,000, twice the gross gain to the defendants or twice the gross loss to a victim; maximum possible sentence of 20 years in prison and similar fines

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