After 30 months of investigations, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and EPA Criminal Investigation Division handed down multiple criminal charges today against two executives of Executive Recycling Inc., a Denver electronics recycling firm.
The criminal charges are the result of an investigation initiated by the the Basel Action Network (BAN), the watchdog group reported.
The investigation was featured in CBS’s 60 Minutes news magazine, “The Wasteland.” It is the first instance that criminal charges have been brought against an e-waste exporter, BAN said.
“In 2007 and 2008, BAN volunteers photographed 21 sea-going containers at Executive Recycling’s loading docks that they subsequently tracked across the world, with most ending up in China. BAN then alerted the Government Accountability Office (GAO) and 60 Minutes, and together the groups documented US businesses posing as responsible electronics recyclers but who instead were simply shipping e-waste to developing countries where it was processed in deadly, highly polluting operations. The resulting 60 Minutes episode has since become one of the most popular and award winning in the program’s history,” according to the environmental group.
“This is a major victory for global environmental justice,” said BAN Executive Director Jim Puckett. “Even before we have a U.S. law in place to explicitly prohibit this dumping on developing countries, the US government’s criminal justice system has recognized the massive toxic trade we first discovered in 2001 as fraudulent, as smuggling, and as an environmental crime. Now these sham recyclers are warned: their shameful practices can land them in jail.”
“The proper disposal of our electronic waste is not only critical today, but will also become more important in the future,” said U.S. Attorney John Walsh. “U.S. law requires proper disposal of this type of waste not only for the protection of Americans, but also so that we in the United States live up to our responsibility to be good international environmental stewards.”
“Our ongoing 30-month investigation included cooperation from law enforcement agencies in the United States, Hong Kong and Canada,” said David M. Marwell, special agent in charge of ICE HSI in Denver. “The investigation confirmed that Executive Recycling repeatedly exported used cathode ray tubes to China. In addition, Executive Recycling also made false promises to its customers who believed that Executive Recycling was properly disposing of their electronic waste. Homeland Security Investigations stands ready to prevent any company from circumventing U.S. controls to export hazardous waste.”
“As consumer demand for electronic goods continues to grow, communities and individuals will look for safe, domestic recycling options for electronics that are no longer needed,” said Lori Hanson, Special Agent in Charge of EPA’s criminal enforcement program in Colorado. “EPA is committed to ensuring that companies that offer fraudulent recycling services, where e-waste is illegally shipped abroad, are caught and prosecuted.”
According to the federal grand jury indictment, Executive Recycling was responsible for at least 300 exports, including shipments of more than 100,000 CRTs. Revenues of these activiteis were in excess of $1.8 million, the government said. Executive’s CEO, Mr. Brandon Richter, together with Mr. Tor Olson, Vice President of Operations, were indicted on 16 separate counts including wire and mail fraud, environmental crimes, exportation contrary to law, and destruction, alteration, or falsification of records.

- Photo by EMPA. Supplied by UNU
BAN said Executive Recycling still operates in the Denver area and has had e-waste recycling contracts with the cities of Denver, Boulder, and Broomfield and the El Paso County and Jefferson County governments. It is registered with the Colorado Department of Public Health and Environment as a “Large Quantity Handler of Universal Waste.”
“Sadly, Executive Recycling is just the tip of the e-waste iceberg,” said Puckett. “They are but one of hundreds of fake recyclers who sell greenness and responsibility but in fact practice global dumping. This is why we must pass federal legislation prohibiting this activity. And this is why all those disposing of electronic waste should use only Certified e-Stewards® Recyclers who will not export your old toxic computer or TV to a developing country.”
If convicted of wire fraud, the defendants face not more than 20 years in federal prison, and a fine of up to $250,000, or twice the gross gain or loss from the offense, per count, for each of the 11 counts. If convicted of mail fraud, the defendants face not more than 20 years in federal prison, and a fine of up to $250,000, or twice the gross gain or loss from the offense, per count, for each of the two counts. If convicted of the one count of RCRA, the defendants face not more than 2 years imprisonment and a fine of up to $50,000 a day or a fine of up to $500,000 or either twice the gross gain or loss. If convicted on the one count of smuggling goods from the U.S., the defendants face not more than 10 years in federal prison, and a fine of up to $250,000. If convicted of one count of destruction of records during the course of EPA’s administrative process, the defendants face not more than 20 years in federal prison, and a fine of up to $250,000. If the corporation is convicted of wire or mail fraud it faces a fine of up to $500,000 or twice the gross gain or loss per count for each of 13 counts. If convicted of one count of RCRA, the corporation faces a fine of not more than $50,000 per day of violation or twice the gross gain or loss. If convicted of one count of smuggling goods from the United States, the corporation faces a fine of up to $500,000 or twice the gross gain or loss. The indictment includes an asset forfeiture allegation, which states that upon conviction the defendants shall forfeit to the United States any and all property or proceeds derived from their illegal activity.
To view the original indictment, click on executive_recycling_indictment
See the government announcement here.
The company did not immediately offer comment. The most recent information available from the firm is a one-paragraph statement from 2008 stating the company is in full compliance with state of Colorado laws.