Yecenia Orozco, Smuggling of Goods, California 2021

SAN DIEGO, CA – Yecenia Orozco, 33, was sentenced in September 2021 following her conviction for illegally importing unregistered pesticides into the United States. The case, investigated by the Environmental Protection Agency (EPA) and prosecuted by the Department of Justice, highlights the ongoing efforts to curb the flow of potentially dangerous, unapproved agricultural chemicals across the border.

According to court documents, Orozco attempted to enter the U.S. via the Otay Mesa Port of Entry on August 19, 2020, traveling in a Chevy Suburban with her sister. When questioned by Customs and Border Protection (CBP) officers about any undeclared items, Orozco knowingly withheld information regarding the presence of multiple bottles of pesticides concealed beneath a blanket in the vehicle’s rear seat. A subsequent secondary inspection revealed a total of 25 one-liter bottles of various Mexican-produced pesticides.

Inspectors identified the substances as “Qufuran,” “Malation 100 CE,” “Agrimec CE,” “Exalt,” and “Biomec.” Critically, none of these pesticides bore the EPA registration number required for legal sale and use within the United States. The EPA mandates registration to ensure pesticides meet safety and efficacy standards, protecting both human health and the environment. Furthermore, Orozco failed to provide a mandatory Notice of Arrival to U.S. Customs, a key requirement for legally importing pesticides.

Prosecutors argued that Orozco deliberately concealed the pesticides, intending to deceive border officials and circumvent U.S. regulations. The importation of unregistered pesticides poses a significant risk, as these products haven’t undergone rigorous testing and may contain harmful substances or be improperly labeled, potentially leading to health hazards for agricultural workers and consumers, and damage to the ecosystem.

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Legal Ramifications

Orozco was convicted of violating 18 U.S.C. 545, a Title 18 U.S. Criminal Code statute prohibiting the smuggling of goods into the United States. The specific charge relates to making false declarations to CBP officers. On September 29, 2021, she received a sentence of 60 days of incarceration, followed by a 12-month period of supervised release. In addition to her imprisonment, Orozco was ordered to pay $1,200 in restitution to cover investigative costs and related expenses.

Key Facts

Defendant: Yecenia Orozco
Location: Otay Mesa Port of Entry, California
Date of Incident: August 19, 2020
Pesticides Involved: Qufuran, Malation 100 CE, Agrimec CE, Exalt, Biomec
Statute Violated: 18 U.S.C. 545 (Smuggling)
Sentence: 60 days incarceration, 12 months supervised release, $1,200 restitution
Key Issue: Illegal importation of unregistered pesticides lacking EPA approval.

The EPA continues to prioritize criminal enforcement of pesticide regulations, working closely with CBP and the Department of Justice to prevent the introduction of illegal and potentially dangerous products into the U.S. market. This case serves as a warning that attempts to circumvent these regulations will be met with prosecution.

Source: EPA ECHO Enforcement Case Database

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