Exide Non Prosecution Agreement
Date Posted: April 9, 2021 by admin
The U.S. Attorney`s Office agreed not to prosecute Exide in 2015 in exchange for closing the Vernon plant and paying $50 million for the cleanup. Exide was authorized to illegally store, dispose of, transfer and transport hazardous substances on that date. The agreement allows the U.S. Attorney`s Office to prosecute crimes at any time until 2025 if Exide does not properly fund Vernon`s cleanup. Indeed, many observers tell Capital and Main that the proposed agreement is another example of the Trump administration`s reflex association with the industry. However, an extension of the consultation could advance a decision on the proposed agreement until after the general elections – and in the hands of a completely different DOJ. “It makes a difference that`s in the White House,” said U.S. Congressman Jimmy Gomez. “It makes a difference who the Attorney General is.” “In the event of a dispute or disagreement over the data or procedures, some kind of arbitration would be appropriate to allow for all necessary controls and other assessments.” When he learned that Joseph Johns, assistant U.S. attorney since 2006 and head of environmental crime in the Central District since 2006, wanted to sign a non-prosecution agreement with Exide, Parker boarded a plane to L.A. to change Johns` mind.
“We believe that obtaining [deferred and non-criminal] agreements – as well as fines, company compliance agreements and other provisions – reflects an aggressive pursuit of cases that another office may simply refuse,” Mrozek wrote in a statement. Lawmakers, officials and city leaders gathered Tuesday morning at the Boyle Heights Resurection Church in East Los Angeles to lament Exide Technologies` proposed bankruptcy contract, which will allow the company to move away from hundreds of millions of dollars in cleaning costs potentially related to lead and other toxic contaminants produced in Vernon at its former lead battery recycling plant and the surrounding community. The federal government does not keep a list of deferred or non-deferred agreements it has made. But researchers from the University of Virginia and Duke University law schools have created a database to track corporate prosecutions. According to the registry, since the late 1990s, federal lawyers have concluded only 17 such transactions for more than 700 environmental and wildlife cases. The Times found two other non-prosecution agreements through a request from the Freedom of Information Act.