Date: 09-25-2017

Case Style:

Case Number: 3:17-cr-01064-BEN

Judge: Roger T. Benitez

Court: United States District Court for the Southern District of California (San Diego County)

Plaintiff's Attorney: Melanie K Pierson

Defendant's Attorney: Thomas Paul Matthews and Margaret Grace Tafoya

Description: San Diego, CA - Compliance Officer Convicted of Perjury in Investigation of Illegal Dumping

Ronald Fabor, the Operations Safety and Compliance Manager of Diamond Environmental Services, was convicted by a federal jury yesterday of two counts of perjury relating to his testimony before a grand jury.

The grand jury investigation involved allegations that Diamond had unlawfully discharged trucked portable toilet waste into municipal sewer systems at their facilities in violation of federal law. The trial jury found that Fabor falsely testified that the first time he learned that individuals at Diamond were dumping sewage into the municipal sewers (rather than taking it to the designated locations) was the date that federal search warrants were executed at the Diamond locations in San Diego and San Marcos. The jury also convicted Fabor of falsely testifying that he had never personally observed Diamond trucks connected by hoses to the illegal sewer connections at the Diamond facilities.

Fabor was ordered to appear on January 8, 2018,at 9:00 am before the U.S. District Judge Roger T. Benitez for sentencing.

In a related case (17cr1305-BEN), on June 1, 2017, Diamond Environmental Services LP pled guilty to mail fraud, for defrauding various municipalities of revenue relating to the fees for disposal avoided by the unlawful discharges. On that same date, diamond owner Eric De Jong pled guilty to conspiring to violate the Clean Water Act for his role in the dumping. Earlier, on May 24, 2017, Diamond Chief Operating Officer Warren Van Dam had also pled guilty to participating in the same conspiracy. Diamond, De Jong and Van Dam are scheduled to be sentenced by U.S. District Court Judge Benitez on November 13, 2017, at 9:00 am

“Mr. Fabor delivered false testimony to a grand jury about illegal pollution that put public health and safety at risk,” said Jay M. Green, Special Agent-in-Charge of EPA’s criminal enforcement program in California. “Providing honest testimony is a fundamental necessity of our legal system and is critical to EPA's ability to protect public health and the environment.”

DEFENDANT Criminal Case No 3:17-cr-01064-BEN



Ronald B. Fabor Age: 55

San Marcos, California



SUMMARY OF CHARGES



Perjury, 18 U.S.C. § 1621

Maximum penalty: 5 years’ prison and/or a fine of $250,000



AGENCIES



Federal Bureau of Investigation

U.S. Environmental Protection Agency, Criminal Investigation Division

Outcome:

Plaintiff's Experts:

Defendant's Experts:

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