The criminal investigation begins with something; it almost never comes “out of the blue.” And, often times, the first you will know of it is when USEPA CID executes a search warrant and starts conducting interviews.
So what are the “typical” scenarios that lead to a criminal investigation? Numerous things: catastrophic events; a tip from the public; a newspaper article or television news story; a tip from a competitor; a tip from a current employee; a tip from a disgruntled ex-employee; self disclosure; and, yes, bad luck.
The USEPA CID is also authorized to investigate other federal crimes and so a environmental criminal investigation will also typically include traditional Title 18 “non-environmental” crimes, such as: false statements; obstruction of justice; obstruction of an agency proceeding; conspiracy; mail fraud; wire fraud; and money laundering.
Preparation is key – yes even preparation for what you do not know that will happen. There are steps you can take and policies that can be put in place that will make sure you are prepared when the bad things start happening.
By the time the USEPA CID shows up, it is too late to wonder how to respond.
As always, feel free to contact me at firstname.lastname@example.org