The Miami-Dade Environmental Trust Fund, which was created to investigate and prosecute environmental criminal activity, has been frozen in the wake of questions regarding how the funds are being used. The fund was set up in cooperation with the Environmental Protection Agency to address environmental crime including the transportation and dumping of toxic material. The Miami-Dade police department has been charged with the responsibility for overseeing the fund in a county sometimes referred to as the country's "drum dump capital." The trust is managed by the Miami-Dade police and is funded through court fines, donations and government funding.
The Miami-Dade police department spent over $5 million from the fund since 2001 with half of the amount being spent during the last 3 years. The Miami-Dade police department and the EPA signed a memorandum March 27, 2002 indicating that the "primary mission of the Task Force is to seek out and arrest those persons or companies that have violated state and federal environmental law." Miami-Dade police chief counsel Glenn Theobald issued a memo February 13, 2008 indicating that the fund was "not only for environmental objectives." A freeze on spending and complete audit has been ordered in the wake of revelations that money from the fund has been used to purchase DirecTV subscriptions, SUVs used by command staff, office furniture, travel and training, iphones and computers and equipment in excess of $450,000.
In the wake of the revelations, Miami-Dade Police Director James Loftus has ordered that the all spending from the Environmental Trust Fund be frozen and that a detailed audit of any expenditures from the fund be conducted. "Our department is investigating all expenditures relative to the Environmental Trust Fund and all correspondence relating to those expenditures," said Loftus. Theobald has since withdrawn his prior approval of fund spending on non-environmental crimes in a memorandum indicating, "a direct nexus with the expenditure and the furtherance of environmental investigations is required. Any other interpretation was mistaken, due to the information provided at the time the memorandum was presented."
"Environmental crimes can carry very severe penalties including staggering fines and imprisonment," said Miami criminal lawyer John Musca. "Authorities in Florida have aggressively prosecuted executives and companies charged with white-collar crimes including environmental crimes." Florida set a record in 1999 when a man was sentenced to 13 years, which at the time was the longest sentence ever for someone convicted of an environmental crime. Given the potentially staggering consequences of a conviction for an environmental crime, a person accused of such an offense should seek immediate legal advice.
When you are faced with criminal charges in Miami, you will face some serious legal issues, where you will need the assistance of a Miami Criminal Defense Attorney. It is crucial that you have legal representation if you are facing a criminal charge. Don't face this situation without an aggressive attorney fighting for your rights every step of the way. Contact Musca Law immediately.
