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Friday, September 20, 2024

Assistant Attorney General addresses guilty plea from animal breeder on welfare and pollution crimes

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Attorney General Merrick B. Garland | https://www.justice.gov/agencies/chart/ma

On June 3, 2024, Assistant Attorney General Todd Kim delivered remarks concerning a plea agreement in which Envigo admitted to criminally conspiring to violate the Animal Welfare Act and the Clean Water Act. The announcement was made following coordinated efforts between various law enforcement agencies and prosecutors.

"Envigo violated federal law by subjecting thousands of beagles to conditions well below minimum standards at a breeding facility in Cumberland, Virginia," said Kim. He detailed instances of abuse, including improper euthanasia, withholding food from nursing mothers, overcrowded kennels with accumulated feces, non-potable drinking water, and contaminated food. "Envigo knew all this, and more. And yet Envigo failed to take sufficient action to bring this facility into compliance."

The misconduct resulted in the deaths of hundreds of dogs and harmed thousands more until law enforcement intervened. In May 2022, during a multi-day search warrant execution at the facility, authorities seized 445 beagles in acute distress. Emergency court orders followed swiftly, leading to over 4,000 dogs being transferred out of the Cumberland facility by September 2022.

Kim emphasized that Envigo prioritized profit over legal compliance: "Envigo unlawfully enriched itself by failing to spend the necessary money on upgrades and by failing to hire enough trained and competent staff." He highlighted that between 2019 and May 2022, Envigo received around $16 million from selling nearly 15,000 dogs while failing to meet minimum care standards mandated by law.

Further violations included breaches of the Clean Water Act related to an on-site wastewater treatment plant used for treating dog and human waste. Starting no later than January 2020, capital improvements were needed but not made. By July 2021, increased wastewater volumes overwhelmed the outdated system resulting in permit violations and discharges of non-compliant wastewater into Maxey Mill Creek.

If accepted by the court, Envigo's plea agreement includes commitments to pay two $11 million criminal fines for violating both Acts—a total of $22 million in fines. This figure represents the largest-ever fine in an Animal Welfare Act case. Additional provisions will hold Envigo and its parent company Inotiv accountable for exceeding minimum animal care standards worldwide.

Under this agreement:

- All facilities operated by Envigo and Inotiv will adhere to higher compliance requirements.

- Envigo will cease selling or breeding dogs.

- Facilities will undergo improvements with trained staff hired.

- A nationwide compliance plan will be implemented across U.S. facilities.

- An independent compliance monitor will review all facilities ensuring full adherence to applicable laws.

The plea agreement encompasses more than $35.5 million in commitments: $22 million in fines, $7 million for facility improvements, $3.5 million for mitigation costs along with funding for a compliance monitor.

Kim concluded his remarks acknowledging contributions from various teams: "Our success today is attributable to the leadership and partnership of the prosecution team who stand with us here." He extended thanks to multiple agencies involved including USDA’s Office of Inspector General and EPA’s Criminal Investigation Division among others before handing back proceedings to U.S. Attorney Kavanaugh.

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