Jacksonville, Fla. (September 23, 2024) – The U.S. District Court for the Southern District of Florida accepted a guilty plea from Mitchell Scavone for constructing numerous docks, mooring piles, and bulkheads in navigable waters of the United States without the authorization of a Department of the Army permit.
Section 10 of the Rivers and Harbors Act (RHA) prohibits placing any structure in, under, or over navigable waters of the United States, and excavating from or depositing material into such waters, unless the work has been authorized by a Department of the Army permit.
On May 16, 2018, Jacksonville District’s Regulatory Division-Enforcement Section sent a Notice f Violation to Mitchell Scavone, a marine contractor, for violations of Section 10 of the RHA.
On September 28, 2023, the USAO filed a charge against Scavone for violations of the RHA.
Scavone pled guilty to the charge associated with the violations of Section 10 of the RHA on September 19, 2024, and was sentenced to one year probation, ordered to pay a $250,000 criminal fine, and is required to implement a training and compliance program, including funding a permanent position for permitting.
“The Jacksonville District’s enforcement staff is pleased to have reached a resolution to these environmental crimes and appreciates the assistance from the Department of Justice and special agents involved,” said U.S. Army Corps of Engineers (USACE), Jacksonville District’s Compliance and Enforcement Chief Bobby Halbert. “Our regulatory enforcement program intends to continue working to deter unauthorized activity such as this.”
“This ruling is a win for the public in helping to ensure water traffic can move safely, reliably, and efficiently in federal navigable waterways. In line with our mission, we will continue to ensure that those who choose to construct or build within these federal navigable waterways do so responsibly and legally,” said Jacksonville District Commander Col. Brandon Bowman. “I would like to personally thank our district Regulatory Enforcement Section, along with our partners at the U.S. Attorney’s Office for the Southern District of Florida, the U.S. Environmental Protection’s Criminal Investigation Division, the Department of Defense (DoD) Office of Inspector General, Defense Criminal Investigative Service (DCIS), and our other federal partners for helping to bring this case to a close.”
“We are committed to fully investigating criminal activity that puts our global economic and national security needs at risk,” said Special Agent in Charge Darrin K. Jones, DoD Office of Inspector General, DCIS. “Special thanks to the U.S. Attorney’s Office, our investigative partners, and the USACE personnel for their dedication to providing safe, reliable and navigable waterways.”
USACE’s regulatory program implements a routine enforcement program throughout Florida. The Jacksonville District Enforcement Section is often aided by state and federal agencies, as well as groups and individuals, who report suspected violations.
To report suspected violation of the Rivers and Harbor Act or Clean Water Act, please visit https://rrs.usace.army.mil/rrs
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