Case: United States v. Marmon Utility LLC

3:21-cr-00223 | U.S. District Court for the District of Connecticut

Filed Date: Dec. 21, 2021

Closed Date: April 11, 2022

Clearinghouse coding complete

Case Summary

This was a prosecution brought by the United States against Marmon Utility LLC for discharging pollutants from its Kerite Power Cable & Pump Cable factory (Kerite factory) in violation of the Clean Water Act (CWA). The Kerite factory manufactures large power cables and, in the process, generates wastewater containing heavy metals such as lead and zinc. Under its state-issued CWA permit, the defendant was required to reduce the heavy metal content of the wastewater measures before it was dischar…

This was a prosecution brought by the United States against Marmon Utility LLC for discharging pollutants from its Kerite Power Cable & Pump Cable factory (Kerite factory) in violation of the Clean Water Act (CWA). The Kerite factory manufactures large power cables and, in the process, generates wastewater containing heavy metals such as lead and zinc. Under its state-issued CWA permit, the defendant was required to reduce the heavy metal content of the wastewater measures before it was discharged to the local sewage treatment plant. The prosecution alleged that the defendant knowingly failed to properly operate and maintain the industrial wastewater system and sludge-processing equipment at the Kerite factory. On December 21, 2021, the US filed charges against the defendant in the U.S. District Court for the District of Connecticut. The case was assigned to District Judge Kari A. Dooley.

On December 21, 2021, the defendant waived its right to be indicted and pled guilty to a felony violation of the CWA. On April 11, 2022 Judge Dooley approved the plea agreement. Under the terms of the plea agreement, the defendant would be on probation for three years and pay a total of $2.4 million to the government: $800,000 in federal penalties and $1.6 million for remediation of the Naugatuck River. The remediation project would be administered by the Connecticut Department of Energy and Environmental Protection. Judge Dooley also entered a restitution order on April 14, 2022, requiring the defendant to pay $7,538 to Veolia North America.

Summary Authors

Taylor Hopkins (4/14/2024)

Documents in the Clearinghouse

Document
4

3:21-cr-00223

The Plea and Offense

Dec. 21, 2021

Dec. 21, 2021

Pleading / Motion / Brief
1

3:21-cr-00223

Information

Dec. 21, 2021

Dec. 21, 2021

Pleading / Motion / Brief
16

3:21-cr-00223

Judgment in a Criminal Case

April 11, 2022

April 11, 2022

Order/Opinion
18

3:21-cr-00223

Restitution Order

April 14, 2022

April 14, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61636068/united-states-v-marmon-utility-llc/

Last updated April 16, 2024, 11:23 a.m.

ECF Number Description Date Link Date / Link
1

INFORMATION as to Marmon Utility LLC (1) Count(s) 1. (Gould, K.) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

Clearinghouse
2

WAIVER OF INDICTMENT by Marmon Utility LLC (Gould, K.) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

RECAP
3

Minute Entry for proceedings held before Judge Kari A. Dooley: Initial Appearance as to Marmon Utility LLC held on 12/21/2021, Waiver/Plea Hearing as to Marmon Utility LLC held on 12/21/2021, Plea entered by Marmon Utility LLC (1) Guilty Count 1 as amended on the record. 44 minutes(Court Reporter Tracy Gow.)(Gould, K.) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER
4

PLEA AGREEMENT as to Marmon Utility LLC (Gould, K.) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

Clearinghouse
5

*Partially Vacated at ECF No. 10* ORDER OF REFERRAL TO PROBATION FOR PRESENTENCE INVESTIGATION AND REPORT as to Marmon Utility LLC. First Disclosure-PSI due 2/24/2022; Objections Due 3/10/2022; 2nd-Disclosure PSI due 3/20/2022; Sentencing Memorandum due 3/24/2022; Response due 3/31/2022. Optional Reply due 4/3/2022. Sentencing set for 4/7/2022 11:00 AM in Courtroom Four-Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Kari A. Dooley. Signed by Judge Kari A. Dooley on 12/21/2021. (Gould, K.) Modified on 3/15/2022 (Gould, K.). (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER
6

ORDER as to Marmon Utility LLC pursuant to Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, Pub. L. No.116-182, 134 Stat. 894 (Oct. 21, 2020). Signed by Judge Kari A. Dooley on 12/21/2021. (Gould, K.) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

Clearinghouse
7

ELECTRONIC FILING ORDER FOR COUNSEL as to Marmon Utility LLC - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 12/21/2021. (Gould, K.) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER
8

NOTICE OF E-FILED CALENDAR as to Marmon Utility LLC: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Sentencing set for 4/7/2022 11:00 AM in Courtroom Four-Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Kari A. Dooley. (Gould, K.) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER

Calendar Entry

Dec. 21, 2021

Dec. 21, 2021

PACER
9

Consent MOTION to Amend/Correct 5 Order for PSI and Report, Defendant's Consent Motion to Modify Scheduling Order by Marmon Utility LLC. (Grudberg, David) (Entered: 03/10/2022)

March 10, 2022

March 10, 2022

PACER
10

ORDER granting 9 Motion to Amend/Correct as to Marmon Utility LLC (1). The PRESENTENCE INVESTIGATION AND REPORT deadlines at ECF No. 5 are VACATED. All other deadlines remain. Signed by Judge Kari A. Dooley on 3/15/2022. (Gould, K.) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER

Order on Motion to Amend/Correct

March 15, 2022

March 15, 2022

PACER
11

SENTENCING MEMORANDUM by Marmon Utility LLC (Grudberg, David) (Entered: 03/24/2022)

March 24, 2022

March 24, 2022

PACER
12

SENTENCING MEMORANDUM by USA as to Marmon Utility LLC (Chen, Harold) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

PACER
13

AFFIDAVIT by Marmon Utility LLC as to Marmon Utility LLC (Grudberg, David) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
14

Minute Entry for proceedings held before Judge Kari A. Dooley: Sentencing as to Marmon Utility LLC held on 4/7/2022 52 minutes(Court Reporter Tracy Gow.)(Gould, K.) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
15

NOTICE Re: State of Connecticut Payment by Marmon Utility LLC (Grudberg, David) (Entered: 04/08/2022)

April 8, 2022

April 8, 2022

PACER
16

JUDGMENT as to Marmon Utility LLC (1), Count(s) 1. Defendant is hereby sentenced to a 3 year term of probation with conditions. Special assessment of $400.00 due immediately; restitution of $7,538.00 due immediately, a fine of $800,000.00 due by 5/7/2022 with statutory interest to begin accruing on 5/8/2022. Restitution Order due by 4/14/2022. Signed by Judge Kari A. Dooley on 4/11/2022. (Gould, K.) Modified docket text to correct typographical error on 4/12/2022 (Caffrey, A.). (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

Clearinghouse

JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?crsurvey (Gould, K.)

April 11, 2022

April 11, 2022

PACER

Judicial Evaluation Program Survey

April 11, 2022

April 11, 2022

PACER
17

NOTICE (Proposed Restitution Order) by USA as to Marmon Utility LLC (Chen, Harold) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
18

RESTITUTION ORDER as to Marmon Utility LLC Signed by Judge Kari A. Dooley on 4/14/2022. (Gould, K.) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

RECAP

Case Details

State / Territory: Connecticut

Case Type(s):

Environmental Justice

Criminal Justice (Other)

Key Dates

Filing Date: Dec. 21, 2021

Closing Date: April 11, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States of America

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Marmon Utility LLC (New Haven, New Haven), Private Entity/Person

Case Details

Causes of Action:

Clean Water Act (CWA), 33 U.S.C. § 1319 et seq.

Available Documents:

Trial Court Docket

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Criminal Conviction

Amount Defendant Pays: 2,400,000

Issues

Environmental Justice and Resources:

Discharge without permits