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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. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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