More than three years after arguably the worst accident in the construction of the Nacimiento Water Project, criminal charges were filed relating to the deaths of two Teichert Construction workers.

Teichert was hit with a double whammy: criminal charges against a former employee and a $3 million settlement agreement to the San Luis Obispo County Office of the District Attorney in the same week.

On Feb. 17, the District Attorney filed two felony counts of involuntary manslaughter against Henry “Hank” Duggins, the former Teichert site supervisor who oversaw a portion of the Nacimiento Water Project where Jake Gaines and Manuel Villagomez died in October 2008.

Gaines and Villagomez died while removing support struts from a piece of pipe laid in a trench. An excavator working on another section of the trench tore through an existing city water line in Paso Robles, trapping and drowning the two workers. Investigation documents at the time indicated there was confusion as to whether there were utility lines, and Duggins instructed the excavator operator to continue working even though he may have been reading a map upside down.

Duggins was also hit with two felony counts of violating Occupational Safety and Health Administration (OSHA) standards.

Gaines’ father, Bob, of Bakersfield, has been in regular contact with the District Attorney’s Office as it built a case.

“I’m glad to see it finally happened,” he told New Times. “It’s a long time waiting. … It helped bring some closure, obviously that will never finish completely.”

Duggins is scheduled for a March 9 arraignment in SLO County Superior Court. He could not be reached for comment.

The California division of OSHA levied two $70,000 fines for committing a “serious” and “willful” violation against Teichert in early 2009. The company is appealing those fines.

The District Attorney on Feb. 16 announced it had reached a separate settlement with Teichert, also relating to the accident. As part of the settlement, Teichert agreed to pay monetary relief of $3 million split among SLO County, the California District Attorneys Association, and the City of Paso Robles. The company further agreed to adopt new safety policies.

“This settlement provides a fair and proper conclusion to this sad event,” Teichert Chairman and CEO Jud Riggs said in a news release. “The agreement affirms Teichert’s commitment to safety while honoring the men who lost their lives.”

In August 2009, Teichert employee Tim A. Nelson was killed in an unrelated incident while working on the Nacimiento Water Project.

 

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http://savannahnow.com/news/2011-02-07/feds-still-might-seeking-criminal-charges-agaisnt-imperial-sugar

Three years after a deadly local inferno, federal officials are still considering criminal charges against Imperial Sugar Co.

At issue are the Feb. 7, 2008, explosions and fire that killed 14 people and hurt many more at the Imperial Sugar refinery in Port Wentworth.

Meanwhile, Imperial and other companies still face dozens of lawsuits stemming from the catastrophe.

Visit savannahnow.com/news/explosionfor coverage of the sugar refinery disaster.

And the U.S. Occupational Safety and Health Administration says Imperial has committed new safety violations at its plant in Gramercy, La.

OSHA hasn’t decided whether to seek criminal prosecution of the company in connection with the 2008 incident, said spokesman Mike Wald.

“Nothing has changed” since the Department of Labor’s top lawyer discussed the issue last July, Wald said.

At the time, Solicitor of Labor Patricia Smith said the issue is before the U.S. Attorney’s office, which she said will decide whether to file charges.

“I can tell you that it is quite active,” Smith said.

James Durham, a spokesman for the U.S. Attorney’s office in Savannah, said he’s not allowed to say whether his office is involved.

In a settlement with OSHA announced in July, Imperial Sugar agreed to pay $4 million for safety violations at Port Wentworth.

The fines were part of a $6 million settlement that also included $2 million for violations at Gramercy.

When the fines were announced, Jordan Barab, deputy assistant secretary of labor for OSHA, said Imperial “cut corners to save money.”

 

Srđa Popović

February 12, 2011

http://www.canvasopedia.org/sr%C4%91a-popovi%C4%87.php

Serbia. Egypt.

His methods are the best that I have seen.

Planning.

Nonviolence.

Media use.

Slogans.

Keep the crowds busy.

Social media.

Srđa Popović is a expirienced party & nonviolent movement leader with exelent skils in leadership, propaganda, motivation and knowledge transfer. As a student leader, founder of OTPOR! («Resistance!») movement that finished with Milosevic era, and a proactive member of Democratic Party of Zoran Djindjic his expertize unites both partisan, and NGO sector skills and knowledges.

Work experience

2004. -2005. Consultant and trainer in Strattegic Nonviolent Struggle, multiple references
2004. Spatial advisor on PR to General Mannager „Dunav Insurance Company“ Belgrade
2004. founder of Centre for aplied Nonviolent Action & Strategies (CANVAS), Belgrade
2001. – 2004. Spatial advisor to the prime minister of Serbia
2000. – 2004. Member of Serbian National assembly
2000.  Member of Belgarde City parliament
2000. Executive Director of «HE IS FINISHED!» OTPOR campaign.
1998. – 2000. OTPOR founder, Director of HR and training programme. Member of marketing and propaganda team.
1996. – 2000. Youngest elected member of Belgrade city parliament. Member of municipal assembly of Vracar.
1998. – 2000. Spokesperson, Democratic party, Belgrade Comitee.
1994. – 1996. president, Democratic youth, Democratic party, Belgrade.
1993. regional coordinator, electoral campaign «Posteno», Democratic party, Serbia

Activities

2005. „Theory and practice in SNVC“ – 3 day workshop for North Korea Student Network. Seoul. South Korea
2004. december „Waging strategic nonviolent struggle“ – 3 day workshop sponsored by UNDP and Mayor of Bogota, Universidad external, Colombia
2004. 7- day curriculum course on strategic Nonviolent strauggle, International training (24 participants from 11 countries), Monteral, CA
2004. May Zimbabwe democratic movement Strategy building training seminar, Johannesburgh, SA
2004. march – Strategic Nonviolent Strugle nowledge transfer workshop, USA, Freedom House ICNC
2004. Submited nomination for Dr Gene Sharp on Nobel Price award for Nonviolent struggle contribution.
2002-2004. Consultant and trainer in Zimbabwe and Georgia with democratic movements and opposition parties.
2002-2004. Team building, HR and public campaigns, Serbian National Assembly&OSCE students program, Belgrade
2002. “The global arena for nonviolent struggle”, FH, Virginia , USA
2001. Conflict resolution on Kosovo, USIP, Washington DC, USA
2000. leader of OTPOR HR team, and one of leaders of department for marketing and propaganda,
2000. February, National Prayers Breakfast, President Klinton, Washington DC, USA
1999. founder of OTPOR hr team, and co-founder of department of marketing and propaganda.
1999. arrested for OTPOR anti-governmnet activities. Released after the reaction of international comunity
1998. Founder and one of leaders of «OTPOR» students movement
1998. IVP programme, USIS, United states of America
1996.-1997. Student Protest organizing and logistics, public actions, leadership.Belgrade
Dec. 1996. Party campaigning for local elections, city of Belgrade.
1992. Student protest, department of marketing, Belgrade

Trainings

2004. South Africa, «Strategic nonviolent action and democracy» workshop, Johanesburg may the 24th
2003. Held a training for Zimbabwe NGOs and opposition, Washington DC, IRI,USA
2003. Zimbabwe Program, Amsterdam, party leaders training, IRI , USA
2003. Nonviolent strategy in Georgian movement, CESID, Belgrade, Serbia
2001 August, trainer in differences between partisan and non-partisan campaigns, Vilnius, Lithuania.
2000. «Vreme je!», Get out to vote campaign – Working with volonteers, Door –to.-door, public comunication, cultural events as a political tool.
1999. -2000. OTPOR hr centre, nonviolent strategy, Human Resources, Recruitment, Motivation, Propaganda and public campaigns,
1997-1998. Public appearance trainings for members of local parliaments, 14 cities of Serbia, Democratic party

Education

2000. Graduated Faculty of Biology Belgrade, animal ecology, fisheries, 1. reference in «Great Lakes» magazine 2001. USA

 

 

http://www.justice.gov/opa/pr/2009/February/09-crm-112.html

Kellogg Brown & Root LLC (KBR), a global engineering, construction and services company based in Houston, pleaded guilty today to charges related to the Foreign Corrupt Practices Act (FCPA) for its participation in a decade-long scheme to bribe Nigerian government officials to obtain engineering, procurement and construction (EPC) contracts, Acting Assistant Attorney General Rita M. Glavin of the Criminal Division announced. The EPC contracts to build liquefied natural gas (LNG) facilities on Bonny Island, Nigeria, were valued at more than $6 billion.

KBR entered guilty pleas to a five-count criminal information in federal court in Houston before U.S. District Judge Keith P. Ellison. As part of the plea agreement, KBR agreed to pay a $402 million criminal fine.

 

 

There was a 1978 case involving 1910.252 and a fatality with Brown and Root and DOJ declined to prosecute.

I can’t find the inspections nor the accident.

According to court documents, KBR was part of a four-company joint venture that was awarded four EPC contracts by Nigeria LNG Ltd. (NLNG) between 1995 and 2004 to build LNG facilities on Bonny Island. The government-owned Nigerian National Petroleum Corporation (NNPC) was the largest shareholder of NLNG, owning 49 percent of the company.

KBR pleaded guilty to conspiring with its joint-venture partners and others to violate the FCPA by authorizing, promising and paying bribes to a range of Nigerian government officials, including officials of the executive branch of the Nigerian government, NNPC officials, and NLNG officials, to obtain the EPC contracts. KBR also pleaded guilty to four counts of violating the FCPA related to the joint venture’s payment of tens of millions of dollars in “consulting fees” to two agents for use in bribing Nigerian government officials.

KBR admitted that, at crucial junctures before the award of the EPC contracts, KBR’s former CEO, Albert “Jack” Stanley, and others met with three successive former holders of a top-level office in the executive branch of the Nigerian government to ask the office holder to designate a representative with whom the joint venture should negotiate bribes to Nigerian government officials. Stanley and others negotiated bribe amounts with the office holders’ representatives and agreed to hire the two agents to pay the bribes. According to court documents, the joint venture paid approximately $132 million to the first agent, a consulting company incorporated in Gibraltar, and more than $50 million to the second agent, a global trading company headquartered in Tokyo, Japan, during the course of the bribery scheme. KBR admitted that it had intended for these agents’ fees to be used, in part, for bribes to Nigerian government officials.

Under the terms of the plea agreement, KBR agreed to retain an independent compliance monitor for a three-year period to review the design and implementation of KBR’s compliance program and to make reports to KBR and the Department of Justice. KBR also agreed to cooperate with the Department in its ongoing investigations.

In a related criminal case, Stanley pleaded guilty in September 2008 to conspiring to violate the FCPA for his participation in the bribery scheme. Stanley’s sentencing is currently scheduled for May 6, 2009.

Today, KBR’s parent company, KBR Inc., and its former parent company, Halliburton Company, also reached a settlement of a related civil complaint filed by the U.S. Securities and Exchange Commission (SEC).  The SEC’s complaint charged KBR Inc. with violating the FCPA’s anti-bribery provisions, and charged KBR and Halliburton with engaging in books and records and internal controls violations related to the bribery.  KBR Inc. and Halliburton jointly agreed to pay $177 million in disgorgement of profits relating to those violations.

“Today’s guilty plea by KBR ends one chapter in the Department’s long-running investigation of corruption in the award of $6 billion in construction contracts in Nigeria. This bribery scheme involved both senior foreign government officials and KBR corporate executives who took actions to insulate themselves from the reach of U.S. law enforcement,” said Acting Assistant Attorney General Rita M. Glavin of the Criminal Division. “The successful prosecution of KBR, and its agreement to pay a more than $400 million fine, demonstrates that no one is above the law, and that the Department is determined to seek penalties that are commensurate with, and will deter, this kind of serious criminal misconduct.”

“This case, which represents the second largest fine ever in an FCPA prosecution, demonstrates the FBI’s continued commitment to aggressively investigate violations of this law,” said Andrew R. Bland III, Special Agent in Charge of the FBI’s Houston Field Office.  “We will continue to investigate these matters by working in partnership with other law enforcement agencies, both foreign and domestic, to ensure that corporate executives who have been found guilty of bribing foreign officials in return for lucrative business contracts, are punished to the full extent of the law.”

“FCPA violations have been and will continue to be dealt with severely by the SEC and other law enforcement agencies,” said SEC Chairman Mary Schapiro.  “Any company that seeks to put greed ahead of the law by making illegal payments to win business should beware that we are working vigorously across borders to detect and punish such illicit conduct.”

The criminal case is being prosecuted by Senior Trial Attorneys William J. Stuckwisch and Patrick F. Stokes of the Criminal Division’s Fraud Section, with investigative assistance from the FBI and IRS-Criminal Investigation in Houston. The Criminal Division’s Office of International Affairs provided substantial assistance in gathering evidence abroad and facilitating international cooperation. Significant assistance was provided by the SEC’s Division of Enforcement and by the authorities in France, Italy, Switzerland and the United Kingdom.

http://ftp.resource.org/courts.gov/c/F2/950/950.F2d.411.91-1394.html

In this case of first impression, we must determine whether an employee may be charged with aiding and abetting his corporate employer in a criminal violation of The Occupational Health and Safety Act of 1970, 29 U.S.C. § 666(e) (1988) (“OSHA” or “the Act”). We find that Congress did not intend to subject employees to such liability under OSHA, and, therefore, affirm the district court’s dismissal of criminal charges against Defendant-Appellee, Patrick J. Doig.

Doig moved to dismiss, asserting that because he is not an employer, he cannot be held criminally liable under § 666(e) as either a principal or an aider and abettor. The district court granted Doig’s motion to dismiss. On February 20, 1991, a jury convicted Healy of all counts under the indictment. While Healy’s trial was proceeding, the government appealed the district court’s order dismissing Doig.

Thus, we agree with the district court’s conclusion that it is logically inconsistent to hold a corporation criminally liable because of the acts of its agent, and, at the same time to hold the agent liable for aiding and abetting the corporation.