FOR IMMEDIATE RELEASE ENR WEDNESDAY, FEBRUARY 7, 1996 (202) 616-2771 TDD (202) 514-1888 SLAUGHTERHOUSE COMPANY PLEADS GUILTY TO ENVIRONMENTAL CRIMES FORMER PARENT CHIQUITA NOT PROSECUTED DUE TO VOLUNTARY DISCLOSURE WASHINGTON, D.C. -- John Morrell and Company, until recently a subsidiary of Chiquita Brands, International, today pleaded guilty to dumping slaughterhouse waste into the Big Sioux River in Sioux Falls, South Dakota and deliberately submitting phony test data and discharge reports to conceal its crimes. Morrell agreed to pay a $2 million criminal fine and spend another $1 million to establish a local environmental cleanup fund, according to a Plea Agreement and Criminal Information today filed in U.S. District Court in Sioux Falls. Sentencing is scheduled for May 13, 1996. The charges include conspiracy and violations of the Clean Water Act related to Morrell's unlawful discharges of slaughterhouse waste from a company wastewater treatment plant over an 8-year period, from 1985 to 1993. In one 17-month period, from August, 1991 through December, 1992, the company violated its EPA-issued permit more than 130 times, according to the government. The government declined to prosecute Chiquita, Morrell's parent company, which was responsible for disclosing Morrell's violations to the government in 1993. Morrell was reportedly sold on December 20, 1995, to Smithfield Foods, Inc. in an approximately $60 million cash/stock transaction. "I want to praise Chiquita for coming forward and initiating this disclosure," said Lois J. Schiffer, Assistant Attorney General in charge of the Environment and Natural Resources Division. "But its disclosure cannot undo the serious and longstanding environmental violations committed by Morrell." (MORE) The Justice Department has a policy that encourages voluntary disclosures of environmental violations by permitting prosecutors to take various factors, including a company's cooperation, prompt disclosure and correction of the violation, into consideration. Other factors considered under the policy include pervasive non-compliance, knowledge of violations by senior officials and the extent of any environmental compliance program. Karen Schreier, the U.S. Attorney for South Dakota said, "It is always of special concern when the charge is that a company concealed violations and submitted false reports to the government about pollution. It is impossible to protect the environment if a corporation deliberately violates its permit and then lies about it to the authorities. The entire regulatory system depends on honest reporting." The government's papers charged that Morrell: failed to disclose or stop the violations during a period of 8 years; was responsible for more than 130 permit violations; knowingly submitted false discharge monitoring reports ("DMRs") to the government; deliberately rigged sampling tests to get desired results and conceal violations; had a "corporate policy" to exclude information about the violations from company documents; directed managers and employees not to discuss the violations with government officials; and deliberately refused to expend funds necessary to correct the problem and bring the plant into compliance. Today's announcement follows the January 1995 guilty pleas of Ronald E. Greenwood and Barry M. Milbauer, two Morrell company managers who are currently awaiting sentencing for conspiring to violate the Clean Water Act. The employees admitted to falsifying DMRs and rigging the sampling tests. The United States has also filed a civil enforcement action against Morrell and, earlier this year, lodged with the court a partial consent decree under which Morrell would take actions necessary to obtain and maintain full compliance with the Clean Water Act. Under today's plea agreement, Morrell has promised to cooperate with the government's ongoing investigation. (MORE) Under the Clean Water Act, individuals or businesses with environmental discharge permits must take samples and file monthly discharge reports with the government. The company filed false reports showing levels of the chemical, ammonia nitrogen, within the permitted range although they were actually well over legal limits. Ammonia nitrogen can harm fish, mammals and other aquatic life, causing death, deformity and a limiting of species growth and diversity. Today's action comes as federal and some state legislatures consider bills that would make such cases harder to bring. The legislation would limit the government's ability to learn of environmental violations, including criminal offenses, and create an evidentiary privilege for violations uncovered in internal company audits. In addition, some of these legislative proposals would even immunize polluters who eventually disclose, regardless of how deliberate the act, or the amount of harm to human health and the environment. Assistant Attorney General Schiffer said, "If enacted, these proposals would make it much easier for offenders to keep both their past misconduct and ongoing pollution hidden from the government and public." Schreier and Schiffer commended the Environmental Protection Agency Criminal Investigation Division Region VIII for its "outstanding work" in investigating the case. The case is being prosecuted jointly by the U.S. Attorney's Office and the Department of Justice Environmental Crimes Section. ### 96-035