Friday, April 08, 2022

Florida-based wind energy company pleads guilty to killing 150 eagles. (AP, USDOJ, Federal Court docket sheet)



"NextEra Energy" is the green-washed name for the oligopolistic owner of monopolistic Florida Power & Light (a/k/a Florida Power & Loot).

Minute entry from federal court in Wyoming:

Minute Entry: Sentencing held on 4/5/2022 for ESI Energy LLC (1), Count(s) 1-3. 60 months unsupervised probation; $1,861,600.00 Fine, $150.00 Special Assessment, 6,210,991.00 Restitution. Proceedings held before Honorable Kelly H Rankin. (Court Reporter Jan Davis.) (Court Staff, smxb) (Main Document 13 replaced on 4/6/2022) (Court Staff, smxb). (Main Document 13 replaced on 4/6/2022) (Court Staff, smxb). (Entered: 04/06/2022)


Honorable Kelly Harrison Rankin, 

Chief Magistrate Judge, 

United States Dsitrict Court for the District of Wyoming 

Oddly:

  • the plea agreement is not public.  I have reached out to Honorable Kelly H. Rankin, Chief Magistrate Judge of the United States District Court for Wyoming to request the plea agreement and other non-public documents in the case.  
  • 150 bald eagle deaths treated as a misdemeanor and not felony?  Are you kidding me? 150 dead bald eagles? Was this case "fixed?"
  • some news stories neglected to mention that NextEra owns FPL.
  • no NextEra or subsidiary executives were indicted or fined.  Why?
  • GANNETT's incredible shrinking St. Augustine Record has not yet covered the story.

When the grandson of the founder of the St. Augustine Record cut down a bald eagle next tree on Fish Island in St. Augustine, Florida on October 8, 2001, the Bush-era USDOJ almost dropped the case. 

I wrote about it and our DOJ prosecuted the case, with witnesses from the City of St. Augustine, FDEP and USFWS.  PIERRE THOMPSON, the grandson of Henry Flagler's frontman, was fined $300,000 and ordered to turn over sixteen acres of habitat for protection.  No bald eagles died as a result of THOMPSON's treachery, intended to help him develop Fish Island (now a City of St. Augustine park acquired thanks to indefatigable campaign led by Jen Lomberk and Matanzas Riverkeeper). 

If the fine for molesting bald eagles without killing them was $300,000 fifteen years ago, then FPL just got off almost Scott-free.  

At the rate of $300,000 per bald eagle molested, or in this case murdered, the fine should have been at least $45,000,000.  

You do the math.

Bottom line:  

1. Federal prosecutors appear to have taken a dive. 

2. Thomas Sansonetti, former U.S. Assistant Attorney General for the Environment and Natural Resources Division of the U.S. Department of Justice, was one of the defense lawyers.  He is a Wyoming Republican politician. 

3. The Tunney Act requires public comment before the government settles antitrust cases.  The Tunney Act should be expanded to include environmental law enforcement and other public interest cases. 


From Associated Press, U.S. Department of Justice and U.S. District Court for the District of Wyoming:  


Florida-based wind energy company pleads guilty to killing 150 eagles

Prosecutors said the company's failure to take steps to protect eagles or to obtain permits to kill the birds gave it an advantage over its competitors.

JUNO BEACH, Fla. — A subsidiary of one of the largest U.S. providers of renewable energypleaded guilty to criminal charges and was ordered to pay over $8 million in fines and restitution after at least 150 eagles were killed at its wind farms in eight states, federal prosecutors said Wednesday.

NextEra Energy subsidiary ESI Energy was also sentenced to five years probation after being charged with three counts of violating the Migratory Bird Treaty Act during a court appearance in Cheyenne, Wyoming. The charges arose from the deaths of nine eagles at three wind farms in Wyoming and New Mexico.


In addition to those deaths, the company acknowledged the deaths of golden and bald eagles at 50 wind farms affiliated with ESI and NextEra since 2012, prosecutors said. Birds were killed in eight states: Wyoming, California, New Mexico, North Dakota, Colorado, Michigan, Arizona and Illinois.

NextEra, based in Juno Beach, Florida, bills itself as the world’s largest utility company by market value. It has more than 100 wind farms in the U.S. and Canada and also generates natural gas, nuclear and solar power

Almost all of the eagles killed at the NextEra subsidiary's facilities were struck by the blades of wind turbines, prosecutors said. Some turbines killed multiple eagles and because the carcasses are not always found, officials said the number killed was likely higher than the 150 birds cited in court documents.

Prosecutors said the company's failure to take steps to protect eagles or to obtain permits to kill the birds gave it an advantage over competitors that did take such steps — even as ESI and other NextEra affiliates received hundreds of millions of dollars in federal tax credits from the wind power they produced.

NextEra spokesperson Steven Stengel said the company didn't seek permits because it believes the law didn't require them for unintentional bird deaths. The company said its guilty plea will resolve all allegations over past fatalities and allow it to move forward without a continued threat of prosecution.

The criminal case comes amid a push by President Joe Biden for more renewable energyfrom wind, solar and other sources to help reduce climate-changing emissions. It also follows a renewed commitment by federal wildlife officials under Biden to enforce protections for eagles and other birds under the Migratory Bird Treaty Act. Criminal prosecutions had been halted under former President Donald Trump for birds killed inadvertently by industry.

It’s illegal to kill or harm eagles under the migratory bird act. However, a wide range of industries — from energy firms to manufacturing companies — have lobbied for years against enforcing the law for accidental bird deaths.

The bald eagle — the U.S. national symbol since the 1700s — saw its populations widely decimated last century due to harmful pesticides such as DDT and other problems. Following a dramatic recovery, it was removed from protection under the Endangered Species Act in 2007. Biologists say more than 300,000 bald eagles now occupy the U.S., not including Alaska.

Golden eagles have not fared as well, with populations considered stable but under pressure from wind farms, collisions with vehicles, illegal shootings and poisoning from lead ammunition.

Most of the eagles killed at the ESI and NextEra wind farms were golden eagles, according to court documents.

There are an estimated 31,800 golden eagles in the Western U.S. with an estimated 2,200 killed annually due to human causes, or about 60% of all deaths, according to a study released last week by leading eagle researchers from the U.S. Fish and Wildlife Service and other entities.

The study concluded that golden eagle deaths “will likely increase in the future” because of wind energy development and other human activities.

Companies historically have been able to avoid prosecution under the century-old Migratory Bird Treaty law if they take steps to avoid deaths and seek permits for those that occur.

Charging documents said company representatives, including ESI's president, were warned that eagles would be killed if the company built two wind farms in central and southeastern Wyoming, and also knew about a risk to eagles when they authorized the repowering of a New Mexico wind farm, about 170 miles (274 kilometers) from Albuquerque.


The company proceeded anyway and at times ignored further advice from federal wildlife officials about how to minimize the deaths, according to court documents.

“For more than a decade, ESI has violated (wildlife) laws, taking eagles without obtaining or even seeking the necessary permit,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division in a statement.

ESI agreed under a plea deal to spend up to $27 million during its five-year probationary period on measures to prevent future eagle deaths. That includes shutting down turbines at times when eagles are more likely to be present.

Despite those measures, wildlife officials anticipate that some eagles still could die. When that happens, the company will pay $29,623 per dead eagle under the plea deal.

NextEra President Rebecca Kujawa said collisions of birds with wind turbines are unavoidable accidents that should not be criminalized. She said the company is committed to reducing damage to wildlife from its projects.

“We disagree with the government's underlying enforcement activity,” Kujawa said in a statement. “Building any structure, driving any vehicle, or flying any airplane carries with it a possibility that accidental eagle and other bird collisions may occur.”

RELATED: Nearly half of US bald eagles suffer lead poisoning

RELATED: 'Though sad, this is not unexpected': Baby eagle dies shortly after hatching in Miami



USDOJ press release:



Department of Justice
U.S. Attorney’s Office
Eastern District of California

FOR IMMEDIATE RELEASE
Tuesday, April 5, 2022

ESI Energy LLC, Wholly Owned Subsidiary of Nextera Energy Resources LLC, Is Sentenced After Pleading Guilty to Killing and Wounding Eagles in Its Wind Energy Operations, in Violation of the Migratory Bird Treaty Act

SACRAMENTO, Calif. – ESI Energy Inc. (ESI) was sentenced today in Cheyenne, Wyoming, for violations of the Migratory Bird Treaty Act (MBTA), announced Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division and U.S. Attorney L. Robert Murray for the District of Wyoming.

ESI is a wholly owned subsidiary of NextEra Energy Resources LLC, which in turn is a wholly owned subsidiary of NextEra Energy Inc. ESI owns other companies, many of which operate wind energy generation facilities throughout the United States, including in Wyoming, New Mexico, Arizona, California, Colorado, Illinois, North Dakota and Michigan, as well as other states.

ESI pleaded guilty to three counts of violating the Migratory Bird Treaty Act (MBTA), each based on the documented deaths of golden eagles due to blunt force trauma from being struck by a wind turbine blade at a particular facility in Wyoming or New Mexico, where ESI had not applied for the necessary permits. ESI further acknowledged that at least 150 bald and golden eagles have died in total since 2012, across 50 of its 154 wind energy facilities. 136 of those deaths have been affirmatively determined to be attributable to the eagle being struck by a wind turbine blade.

The court sentenced ESI, pursuant to a plea agreement, to a fine of $1,861,600, restitution in the amount of $6,210,991, and a five-year period of probation during which it must follow an Eagle Management Plan (EMP). The EMP requires implementation of up to $27 million (during the period of probation; more thereafter if a written extension is signed) of measures intended to minimize additional eagle deaths and injuries, and payment of compensatory mitigation for future eagle deaths and injuries of $29,623 per bald or golden eagle. ESI also must over the next 36 months apply for permits for any unavoidable take of eagles at each of 50 of its facilities where take is documented or, in the case of four facilities not yet operational, predicted.

“The Justice Department will enforce the nation’s wildlife laws to promote Congress’s purposes, including ensuring sustainable populations of bald and golden eagles, and to promote fair competition for companies that comply,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “For more than a decade, ESI has violated those laws, taking eagles without obtaining or even seeking the necessary permit. We are pleased to see ESI now commit to seeking such permits and ultimately ceasing such violations.”

“Wyoming is graced with abundant natural resources – including both eagles and strong winds,” said U.S. Attorney L. Robert Murray for the District of Wyoming. “The sentencing today shows our commitment to both maintaining and making sustainable use of our resources. It also ensures a level playing field for business in Wyoming and ensures those receiving federal tax credits are complying with federal law.”

“The U.S. Fish and Wildlife Service (USFWS) has a long history of working closely with the wind power industry to identify best practices in avoiding and minimizing the impacts of land-based wind energy facilities on wildlife, including eagles,” said Edward Grace, Assistant Director of the USFWS’ Office of Law Enforcement. “This agreement holds ESI and its affiliates accountable for years of unwillingness to work cooperatively with the Service and their blatant disregard of wildlife laws, and finally marks a path forward for the benefit of eagles and other wildlife resources entrusted to the Service’s stewardship.”

“This prosecution and the restitution it secures will protect the ecologically vital and majestic natural resources of our bald eagle and golden eagle populations,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “California has been awarded more than $4.6 million in restitution under this plea agreement for the deaths of at least 92 eagles within the state caused by the defendant and affiliated companies.”

The MBTA prohibits the “taking” of migratory birds, including bald and golden eagles, without a permit from the U.S. Fish and Wildlife Service of the Department of the Interior. “Take” is defined by regulation to mean “to pursue, hunt, shoot, wound, kill, trap, capture or collect” or to attempt to do so.

Bald and golden eagles are also protected under the Bald and Golden Eagle Protection Act (the Eagle Act) which, like the MBTA, prohibits killing and wounding eagles without a permit from USFWS. USFWS is authorized to issue such eagle take permits (ETPs) only where: (1) the predicted take is compatible with the preservation of bald and golden eagles; (2) it is necessary to protect an interest in a particular locality; (3) the take is associated with, but not the purpose of, the activity; and (4) the take could not practicably be avoided. Permit applicants are required to avoid and minimize take to the maximum extent practicable, and to pay compensatory mitigation for unavoidable takes.

According to documents filed in court, it is the government’s position that ESI’s conduct violated both the Eagle Act and the MBTA, but the government accepted the company’s guilty plea to only MBTA counts due in large part to ESI’s agreement to apply for permits at 50 facilities and its prior efforts to minimize and mitigate for eagle fatalities.

ESI’s and its affiliated companies’ actions in Wyoming and New Mexico were taken under an admitted nationwide posture and alleged corporate policy of not applying for ETPs.

According to the information filed in this case:

  • ESI and its affiliates deliberately elected not to apply for or obtain any ETP intended to ensure the preservation of bald and golden eagles, and instead chose to construct and operate facilities it knew would take eagles, and in fact took eagles, without any permits authorizing that take.
  • Because ESI did not seek any ETPs, it avoided any immediate federal obligation to avoid and minimize eagle take to the maximum degree practicable and to pay for compensatory mitigation for the eagle deaths.
  • Because some other wind energy companies (1) altered proposed operations as required to avoid and minimize take levels to the maximum degree practicable, (2) applied for ETPs, (3) obtained ETPs that in some cases were impacted by take levels caused by ESI’s unpermitted facilities, and/or (4) paid mitigation for eagle takings, ESI, by not doing these things, gained a competitive advantage relative to those wind energy companies.
  • ESI and its affiliates began commercial operations at new facilities on a schedule intended to meet, among other things, power purchase agreement commitments and qualifying deadlines for particular tax credit rates for renewable energy, and with production amounts not impacted by avoidance and minimization measures that might have been required under an eagle take permit. ESI and its affiliates received hundreds of millions of dollars in federal tax credits for generating electricity from wind power at facilities that it operated, knowing that multiple eagles would be killed and wounded without legal authorization, and without, in most instances, paying restitution or compensatory mitigation.

 

According to documents filed in court, between 2018 and 2019, ESI authorized subsidiary Cedar Springs Transmission LLC (CST) to develop a multi-facility commercial wind power project in Converse County, Wyoming, consisting of the Cedar Springs I, II and III wind power facilities (collectively, the project).

On March 28, 2019, USFWS informed the defendant, through a letter to its agents, that Cedar Springs I and II, based on CST’s consultant’s calculations, could result in the collision mortality of 44 golden eagles and 23 bald eagles over the first five years of operations, and recommended that, because of the unusually high number of occupied golden eagle nests, the proposed wind facilities not be built. USFWS further stated that, if the facilities were built, the company should apply for an ETP under the Eagle Act as soon as possible. The defendant continued the development of the Cedar Springs facilities.

On July 17, 2019, representatives of CST met with USFWS representatives. During that meeting, USFWS recommended that, consistent with the recommendation made by USFWS in February, the wind project not be constructed due to the risk of avian fatalities. USFWS also recommended that, if the wind project was built, the project should implement seasonal curtailment during daylight hours. The defendant did not implement the recommended curtailment.

Between Sept. 10 and Sept. 23, 2019, USFWS sent additional letters to the defendant’s agents, each noting that the defendant’s parent company had documented that the project was anticipated to kill eagles and recommending that the facilities apply for an ETP. USFWS reiterated for the third time its recommendation that a wind project should not be constructed in the proposed area for the Cedar Springs project.

On or about Sept 28, 2020, the defendant’s affiliates began some turbine operations at Cedar Springs II. Between approximately Nov. 29, 2020, and Dec. 1, 2020, two golden eagle carcasses were found near wind turbines at Cedar Springs II (after which it was sold).

On or about Dec. 6, 2020, the defendant authorized the commercial operation of Cedar Springs I to commence. Between April 2021 and January 2022, seven golden eagle carcasses were found near wind turbines at Cedar Springs I.

On or about Dec. 15, 2020, the defendant authorized the commercial operation of Cedar Springs III to commence. On approximately Jan. 30, 2022, a golden eagle carcass was found near a wind turbine at Cedar Springs III.

Between 2018 and 2019, ESI authorized a subsidiary, Roundhouse Renewable Energy LLC (RRE), to develop a commercial wind power facility in Laramie County, Wyoming.

In a letter dated March 28, 2019, USFWS stated that, based on RRE’s consultant’s calculations, Roundhouse could result in the collision mortality of 19 golden eagles and 4 bald eagles over the first five years of operation, and recommended that RRE apply for an ETP under the Eagle Act. The defendant continued the development of Roundhouse.

In a letter dated Aug. 27, 2019, USFWS provided recommendations on opportunities to avoid and minimize impacts to eagles using the available data. USFWS again stated that the facility was predicted to take eagles even if all USFWS recommendations were implemented, however, and recommended that an ETP be sought.

On June 12, 2020, the defendant authorized the commercial operation of Roundhouse to commence. Between approximately Sept. 17, 2020, and April 17, 2021, four golden eagle carcasses were found near wind turbines at Roundhouse.

In 2003, ESI authorized a subsidiary, FPL Energy New Mexico Wind LLC (NMW), to begin operations at a commercial wind power facility in De Baca and Quay Counties, New Mexico. On or about Dec. 29, 2020, two golden eagle carcasses were found near a wind turbine at NMW.

No ETP was sought by or issued to ESI in connection with the operations or repowering of any of the above wind power facilities.

This case was investigated by the U.S. Fish and Wildlife Service Office of Law Enforcement. The prosecutions were handled by the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division with assistance from the U.S. Attorneys’ Offices for the Eastern District of California, the District of Wyoming and the Northern District of California.

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Here's the statement of facts accompanying the non-public plea agreement:



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Region 1 Stateline

Region 2 Blackwell

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Here's the U.S. District Court docket sheet from Wyoming:


U.S. District Court
District of Wyoming (WYD)
CRIMINAL DOCKET FOR CASE #: 0:22-cr-00048-KHR All Defendants


Case title: USA v. ESI Energy LLC 

Date Filed: 04/01/2022 

Date Terminated: 04/06/2022

Assigned to: Honorable Kelly H Rankin

Defendant (1)
ESI Energy LLC 
TERMINATED: 04/06/2022
represented byBenjamin B. Wagner  
GIBSON DUNN & CRUTCHER  
1530 Page Mill Road  
Palo Alto, CA 94304  
650-849-5395  
Email: bwagner@gibsondunn.com 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED

Jeffrey Scott Pope  
HOLLAND & HART  
2515 Warren Avenue, Suite 450  
P O Box 1347  
Cheyenne, WY 82003-1347  
307/778-4223  
Fax: 307/778-8175  
Email: jspope@hollandhart.com 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED

Thomas L Sansonetti  
HOLLAND & HART  
2515 Warren Avenue, Suite 450  
P O Box 1347  
Cheyenne, WY 82003-1347  
307/778-4200  
Fax: 307/778-8175  
Email: tlsansonetti@hollandhart.com 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
Designation: Retained

Pending Counts

Disposition
16 U.S.C. §§703, 707(a) (Unlawful Take of Migratory Birds)
(1-3)
$1,861,600.00 Fine, $150.00 Special Assessment, 6,210,991.73 Restitution

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USArepresented byDavid A Kubichek  
US ATTORNEYS OFFICE  
100 East B Street, Suite 2211  
P O Box 22211  
Casper, WY 82602  
307/261-5434  
Fax: 307/261-5471  
Email: david.kubichek@usdoj.gov 
LEAD ATTORNEY 
ATTORNEY TO BE NOTICED 
Designation: United States Attorney

Kerry J Jacobson  
US ATTORNEY'S OFFICE  
P O Box 449  
Lander, WY 82520  
307/332-8195  
Fax: 307/332-7104  
Email: kerry.jacobson@usdoj.gov 
ATTORNEY TO BE NOTICED


Date Filed#Docket Text
04/01/20221 INFORMATION as to ESI Energy LLC (1) count(s) 1-3. (Court Staff, scat) (Main Document 1 replaced on 4/4/2022) (Court Staff, smxb). (Main Document 1 replaced on 4/6/2022) (Court Staff, smxb). (Entered: 04/01/2022)
04/01/20222 EX PARTE/NON-PUBLIC DOCUMENT pursuant to the Judicial Conference Policy on Privacy and Public Access - PLEA AGREEMENT as to ESI Energy LLC. (Court Staff, scat) (Main Document 2 replaced on 4/1/2022) (Court Staff, scat). (Additional attachment(s) added on 4/1/2022: # 1 Attachment A, # 2 Attachment B) (Court Staff, scat). (Entered: 04/01/2022)
04/01/20223 NON-PUBLIC DOCUMENT pursuant to the Judicial Conference Policy on Privacy and Public Access - Praecipe for Summons by Plaintiff USA as to Defendant(s) ESI Energy LLC. (Court Staff, scat) (Entered: 04/01/2022)
04/01/20224 NON-PUBLIC DOCUMENT pursuant to the Judicial Conference Policy on Privacy and Public Access - Summons Issued as to ESI Energy LLC Waive Indictment/Guilty Plea to Information set for 4/5/2022 03:30 PM in Cheyenne Courtroom No. 3 (Room No. 2104) before Honorable Kelly H Rankin. Defendant served through counsel. (Court Staff, scat) (Entered: 04/01/2022)
04/01/2022(TEXT-ONLY) NOTICE OF HEARING as to ESI Energy LLC, VIA ZOOM - 

NOTE:

1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely;the Zoom ID and Passcode will be provided separately to the participants email address of record.

2. Participants should connect to the proceeding 15 minutes prior to its scheduled start time to allow for troubleshooting of any connectivity issues.

3. To ensure the record is of the best quality, participants are encouraged to utilize a headset to reduce static and background noise. If not using a headset, participants must ensure the audio feed at their location is muted when not speaking.

***REMINDER: Recording or broadcasting of this hearing is prohibited. ***

, Arraignment set for 4/5/2022 03:30 PM in Cheyenne Courtroom No. 3 (Room No. 2104) before Honorable Kelly H Rankin. Initial Appearance set for 4/5/2022 03:30 PM in Cheyenne Courtroom No. 3 (Room No. 2104) before Honorable Kelly H Rankin. Sentencing set for 4/5/2022 03:30 PM in Cheyenne Courtroom No. 3 (Room No. 2104) before Honorable Kelly H Rankin. (Court Staff, scat) (Entered: 04/01/2022)
04/01/20226 NOTICE OF ATTORNEY APPEARANCE: Jeffrey Scott Pope appearing for defendant ESI Energy LLC (Pope, Jeffrey) (Entered: 04/01/2022)
04/01/20227 NOTICE OF ATTORNEY APPEARANCE: Thomas L Sansonetti appearing for defendant ESI Energy LLC (Sansonetti, Thomas) (Entered: 04/01/2022)
04/01/20228 MOTION for Benjamin B. Wagner to appear pro hac vice; Check not tendered; by Defendant(s) ESI Energy LLC. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Sansonetti, Thomas) (Entered: 04/01/2022)
04/01/20229 NOTICE OF ATTORNEY APPEARANCE: Kerry J. Jacobson appearing for USA (Jacobson, Kerry) (Entered: 04/01/2022)
04/01/202210 ORDER granting 8 MOTION for Benjamin B. Wagner to appear pro hac vice (check not tendered) as to ESI Energy LLC (1) by the Honorable Kelly H Rankin. Copy of Order emailed to PHV attorney on this date with further instruction.(Court Staff, sal) (Entered: 04/01/2022)
04/01/2022 FINANCIAL ENTRY: PAYMENT OF $100 RECEIVED FOR PRO HAC VICE FEE FOR BENJAMIN B WAGNER. RECEIPT CHY036167. (Court Staff, sjk) (Entered: 04/04/2022)
04/04/202211 NOTICE OF PRO HAC VICE ATTORNEY APPEARANCE: Benjamin B. Wagner appearing for defendant ESI Energy LLC (Wagner, Benjamin) (Entered: 04/04/2022)
04/05/202212 Minute Entry: Initial Appearance as to ESI Energy LLC held on 4/5/2022. Minute Entry: Arraignment as to ESI Energy LLC (1) Count 1-3 held on 4/5/2022. Defendant pled guilty. Proceedings held before Honorable Kelly H Rankin. (Court Reporter Jan Davis.) (Court Staff, smxb) (Entered: 04/06/2022)
04/05/202213 Minute Entry: Sentencing held on 4/5/2022 for ESI Energy LLC (1), Count(s) 1-3. 60 months unsupervised probation; $1,861,600.00 Fine, $150.00 Special Assessment, 6,210,991.00 Restitution. Proceedings held before Honorable Kelly H Rankin. (Court Reporter Jan Davis.) (Court Staff, smxb) (Main Document 13 replaced on 4/6/2022) (Court Staff, smxb). (Main Document 13 replaced on 4/6/2022) (Court Staff, smxb). (Entered: 04/06/2022)
04/06/202214 JUDGMENT and COMMITMENT Order by the Honorable Kelly H. Rankin as to ESI Energy LLC (1), Count(s) 1-3, $1,861,600.00 Fine, $150.00 Special Assessment, 6,210,991.73 Restitution. Emailed to USDC financial on this date.(Court Staff, sal) (Entered: 04/06/2022)



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