State Reward Laws States also offer rewards, and this chapter contains one example. In general, however, State rewards are usually much smaller than Federal rewards and for that reason this book mentions them only briefly. A significant reward starts at $1,000 and up, not "up to $1,000," as those offered by Crime Stoppers and WE-Tip. However, some State laws, as in the example given in this chapter, the reward is worth mentioning. NEVADA: (Newspaper release, printed in Senior Spectrum, October, 1991.) CONSUMER NEWS, By Frankie Sue Del Papa - Nevada Attorney General "Illegal dumping has become a big problem in Nevada -- especially solid, liquid and hazardous wastes. Some people don't know any better -- others just don't care. Then there's the professional dumper who disposes of toxic wastes in the desert to avoid paying for proper disposal. All of this is at your and my expense -- and our environment's. The Southern Nevada Environmental Crime Task Force -- in which my office participates -- is targeting desert dumpers for enforcement action. The task force is working with law enforcement agencies statewide in this regard. The law provides some pretty stiff penalties. Unlawful disposal of garbage or sewage is a misdemeanor with a civil penalty of up to $2,000 for each conviction. Half of that amount is paid as a reward to anyone who provides information leading to the arrest and conviction of a violator. First-time violation of water pollution is a gross misdemeanor and carries a fine of up to $25,000 for each day of violation and up to one year in prison. Felony charges can be levied for a second conviction -- along with up to six years in prison and up to $50,000 for each day of violation. The Nevada legislature recently increased the criminal penalty for the unauthorized disposal or discharge of hazardous waste to a felony. The penalty is a one- to six-year imprisonment and up to $50,000 for each day of violation. Civil penalties for hazardous waste violations carry up to $10,000 per day and damages to the state for correcting the problems caused and destroyed fish and wildlife. In addition, violations of county and city ordnances on dumping can result in civil and criminal penalties as well. My office, the task force and law enforcement agencies are working together to investigate and prosecute illegal dumping and to impose the maximum punishment possible. We believe a consistent, coordinated effort will result in more prosecutions and, in turn, heighten the deterrent effect. We encourage people to report dumping incidents to local law enforcement agencies. It's so important to protect our fragile desert environment and to ensure that we -- the citizens of this beautiful state -- don't bear the cost of cleaning up after illegal dumpers." * * * * * * Note: Federal reward laws do not provide rewards for misdemeanors. The above Nevada law provides half of a possible $2,000 fine. In this case, it's worth mentioning. And, it's more generous than Crime Stoppers and We- Tip's rewards of $100 to $200. The news release also mentions fines for hazardous waste, up to $50,000 per day, but doesn't mention if any reward or a sharing of the fines and forfeitures may be paid to CrimeFighters. However, if the dumping is done by a person or company to make/save money, by avoiding the cost of proper disposal (the profit motive), it may come under RICO and other federal laws that assess larger fines and forfeitures, and pays 50% to the CrimeFighters involved. Nevadans: The Nevada anti-dumping law also pertains to individuals dumping garbage -- any kind, whether in garbage bags or from the back of a pickup truck. If you find a garbage bag dumped, look inside. If you find a name and address on mail or receipts, you have evidence that might be worth $1,000! Leave the garbage bag or refuse where you found it, contact local authorities and negotiate for a $1,000 reward under Nevada law. Many state laws assess stiff fines, some up to $2,000, for littering. If the state were to adopt a law (like Nevada's), and pay 50% of the fines to CrimeFighters, citizens would have more incentive to enforce the anti- litter, anti-dumping laws. (The proposed Crimefighter Reward Law mentioned in chapter 28 could be used for anti-litter and other misdemeanor laws.) Federal Dumping Reward Laws Federal law Title 42, USCS 6901 (Chapter 11 in this FloppyBook) mentions hazardous waste fines and forfeitures can be up to $250,000 for an individual and up to $1,000,000 for an organization (any business) if the effect of the dumping places any innocent party in imminent danger or death or serious bodily injury. If the toxic wastes contaminate a drinking water resource, directly or indirectly, it would impose a serious threat to the health and welfare of innocent parties. In this case, it might be more suitable and profitable to a CrimeFighter to use federal anti-pollution laws for prosecution. (It also depends on the extent of the pollution.) Professional dumpers, either individual contractors or drivers of company vehicles who dispose of garbage or hazardous wastes, are usually not one- time violators. Some of them have may been dumping for years. When that can be proven, the fines and forfeitures can become very, very large. Proof Needed A videotape recording is the best evidence of dumping, especially if it can positively identify the vehicle, license plate, printed signs, a clear picture of the driver's face, and the complete sequence of driving up to the dump site, dumping, and leaving. Use the camcorder's date and time stamp in the recording to pinpoint when it occurred. Also, pan the area to include mileage markers and other identifying features of the landscape to provide identification of the dump site. The usual law enforcement tactic is to lay charges against the driver and allow plea bargaining if he provides evidence against his employers. The driver will want to escape maximum punishment and will usually provide a sworn statement that implicates supervisors or company officials who authorized or ordered the dumping. That could lead to a confession of how many times it was done. If a considerable amount of dumping has been done, and the company or individual contracting firm has limited assets, the accumulated fines and forfeitures might bankrupt the company. It could also make the CrimeFighter rich. Both are highly desirable. Federal and State Laws Be sure to examine and compare Federal reward laws to those in your State to ascertain the best one to use both to obtain a larger reward and to retain control of the prosecution. If you lose control, you may lose the promised reward if it's contingent on a conviction of a felony. Why bother to include State reward laws in this book if they aren't better than Federal laws? Answer is: (a) To bring the comparison to the attention of State lawmakers to encourage them to raise rewards up to or higher than Federal rewards; (b) To provide an alternative in the event it's expeditious to use State laws instead of federal laws. Example: If the time-delay contacting and negotiating with a Federal agent might jeopardize the arrest and conviction of a violator. (Better a smaller reward than no reward); (c) To compare rewards available and locate misdemeanor rewards; (d) To provide an alternative when negotiating with State or Federal agents. If either party knows you can negotiate with another agency, they'll be usually match the offer or better it. Each agency wants credit for convictions, and the agency that prosecutes usually gets half of the fines and forfeitures. If you're in business as a CrimeFighter, be businesslike. Find out which is the best law to use by comparing State or Federal reward laws. Know which is the best deal first. Negotiate if and when possible. Get a signed agree- ment before you make full disclosure. Make sure the person who sign the agreement is duly authorized to make binding commitments, and have them include a statement to that effect in the signed agreement. Getting More Information on State Laws I tried to obtain information on state laws but ran into a problem: The letters I received, in response to my request for detailed information and photocopies, said (with words to the effect): they receive many requests for legal information and cannot provide a free staff and photocopies; they do not provide research facilities or personnel to assist the public to obtain specific information on legal subjects; Public offices have limited facilities, staff, and budgets, etc. As a result, reward information from State officials or law enforcement agencies may be difficult to obtain by individuals. It will be up to you, the reader, if you have access to your state (reward) laws, to provide copies to CrimeFighters in your state. If and when State laws are as tough, or tougher in fines and forfeitures than Federal laws, then it may be better to use them. So far, it seems that most State laws pay woefully inadequate rewards. They don't even come close to the rewards offered under Federal laws. In addition, Federal laws offer more options, such as sharing of fines and forfeitures. And, Federal agents (especially the FBI) are less likely to be tight-fisted to a Crime-Fighter's request for payment of a reward; they're used to paying large rewards. Local politicians might believe $1,000 is big money "just for information," and may be difficult to negotiate with. F9 for next Chapter