United States v. Oulette

No. LR-CR-77-97 (E.D. Ark. September 19, 1977)

ELR Digest

The court holds that the government need not prove that the accused possessed specific criminal intent to violate the Federal Water Pollution Control Act (FWPCA) § 309(c)(2) by submitting false information in a discharge monitoring report and other required records under the FWPCA. Defendant argues that making false statements is a common law type offense for which the government must prove specific intent. The government contends that the statute proscribes a public welfare offense for which specific intent is not an essential element. The court observes that there have been a growing number of statutes enacted to proscribe public welfare offenses. Courts generally will not infer specific criminal intent as an essential element of these types of offenses, which are characterized by neglect or inaction and violations that result in no direct or immediate injury. Even in light of clear legislative intent that a public welfare statute does not require specific intent, such a statute must comport with due process. Due process imposes the following criteria: the standard imposed must be reasonable and adherence properly expected, the penalty small, conviction must not gravely besmirch, and the statutory crime may not have been known under the common law. The court concludes that FWPCA § 309(c)(2) establishes a public welfare offense for which proof of specific intent is not required. The court notes that the government still must prove that defendant "knowingly" made the false statement, although it will not have to prove that defendant knowingly violated the law.

The full text of this opinion is available from ELR (3 pp. $7.00, ELR Order No. C-1340).

Counsel for Plaintiff
W. H. Dillahunty
Dillahunty, Skelton & James
Suite 435, 2 Financial Centre, 10825 Financial Pkwy., Little Rock AK 72211
(501) 225-6078

Counsel for Defendant
O. H. Bud Storey III
Hoover, Jacobs & Storey
Ninth Floor, Savers Federal Bldg., Little Rock AK 72201
(501) 372-4125

Eisele, J.

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]