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Circuit Court: Spreadsheets OK as evidence

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A Terre Haute company and its president lost an appeal of their convictions and sentence for making materially false statement reports under the Clean Water Act.

In United States of America v. Derrik Hagerman and Wabash Environmental Technologies, LLC, Nos. 07-3874, 07-3875, Derrik Hagerman argued the District Court erred in admitting into evidence copies of certain electronic spreadsheets that recorded test results of waste liquid that weren't charged in indictment. Hagerman believed the test results are evidence of prior bad acts that should have been excluded under Fed. Rule of Evid. 404(b).

Wabash Environmental treated industrial liquid waste and discharged the treated liquid into the Wabash River. The company was required to make monthly reports disclosing the test results of the waste using EPA-approved procedures.

The spreadsheets in question in the appeal cover the same period of time that Hagerman and his company were charged with misrepresenting results of tests. It would have been infeasible to separate out the evidence to eliminate any hint that Hagerman had also falsified other test results, wrote the 7th Circuit in the per curium opinion. The judges also dismissed Hagerman's argument that by admitting those spreadsheets, which showed misconduct not charged in the indictment, the District Court allowed the indictment to be "constructively amended."

The 7th Circuit affirmed the District Court judge's jury instruction on the requirement Hagerman was to certify each report was accurate and complete by using language from Wabash Environmental's discharge permit. Hagerman believed it should be up to the jury to determine whether Wabash Environmental had a system in place to ensure the test results were properly gathered and evaluated.

"The judge's instruction that the testing methods must 'conform to applicable federal regulations' was a correct interpretation of the permit, and the meaning of the permit presented an issue of law that the judge was entitled to determine, rather than leave to the jury," wrote the court.

The 7th Circuit also upheld Hagerman's 60-month prison sentence over Hagerman's arguments that imprisonment will make paying restitution difficult and that he's made considerable contributions to his community.

In September 2008, Hagerman's appeal of the District Court's dismissal of the government's petition for relief after Wabash agreed to start paying restitution and furnish specific financial information was dismissed because Hagerman and Wabash Environmental weren't represented by an attorney. The 7th Circuit ruled owners of limited liability companies must have an attorney to appeal a decision in federal court.

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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