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Tuesday, September 17, 2024

Puerto Rican man sentenced for illegal wetland destruction

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Deputy Attorney General Lisa O. Monaco | https://www.justice.gov/agencies/chart/map

A Puerto Rico man was sentenced today to 14 months in prison, three years of supervised release, and a $10,000 fine for the destruction and filling of wetlands in violation of the Clean Water Act.

According to court documents, between January 2020 and December 2023, Awildo Jimenez-Mercado, 41, removed mangroves from wetlands within and around the Jobos Bay National Estuarine Research Reserve (JBNERR) in Las Mareas, Puerto Rico. Despite lacking a permit, he filled the area with quarry material and built concrete structures atop. Jimenez-Mercado then built hospitality rental homes and an in-ground pool on the land, as well as a dock extending into the Caribbean Sea. He named the property “Hidden Paradise” and rented the units online as short-term vacation properties for up to $495 per night. Jimenez-Mercado was indicted on Dec. 6, 2023, and pleaded guilty on May 3.

Mangrove wetlands, such as those destroyed by Jimenez-Mercado, are critical to local infrastructure, economies and ecosystems because they can limit damage from flooding and storms, reduce pollution and provide habitat for numerous marine and endangered species. The JBNERR was designated as a reserve in 1981 to protect the wetlands and study the biological and societal impacts of estuarine habitat while providing recreation and educational opportunities to local communities. The reserve is home to endangered species including the brown pelican, peregrine falcon, hawksbill turtle, and West Indian manatee.

Congress enacted the Clean Water Act in 1972 to protect and maintain the integrity of U.S. waters. It prohibits discharging any pollutant or fill material into U.S. waters without obtaining a permit from federal authorities.

This case is part of an ongoing investigation into wetland destruction in Puerto Rico. Previously charged individuals include Luis Enrique Rodriguez-Sanchez who was sentenced in June; Pedro Luis Bones-Torres who is scheduled to be sentenced on Nov. 7; Rafael Carballo-Diaz; Nathaniel Hernandez-Claudio who are scheduled to be sentenced on Sept. 13.

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division along with U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico made this announcement.

The Environmental Protection Agency’s Criminal Investigation Division along with FBI investigated this case with support from Puerto Rico's Environmental Crimes Task Force.

Senior Trial Attorney Patrick M. Duggan of Environment & Natural Resources Division’s Environmental Crimes Section along with Assistant U.S. Attorney Seth A Erbe for District of Puerto Rico are prosecuting this case.

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