Buffalo Developer Indicted for Illegally Filling Over 90 Acres of Wetlands in Amherst, N.Y.

The indictment describes a scheme to illegally fill wetlands situated on a 96-acre parcel sitting upstream from Tonawanda and Ransom Creeks. As alleged in the indictment, the defendants purchased the property with the intent of commercially developing the site and were aware of the presence of the wetlands at the time of that purchase. After the purchase, and despite knowing that wetlands were present, the defendants, and others acting at the defendants’ direction, filled a portion of these wetlands by installing both a roadway and a “fill pad” on the site.

According to court documents, Huntress and other conspirators concealed the illegal wetland filling by concealing documents from the Environmental Protection Agency (EPA), making false statements to federal law enforcement officers and disregarding both administrative and judicial orders enjoining the defendants from further earth-moving activities on the site.

The indictment charges the defendants with conspiracy to defraud the United States and to violate the Clean Water Act; substantive Clean Water Act counts; obstruction of justice; false statements; concealment of material facts; and contempt of court.

The Clean Water Act counts of the indictment each carry a maximum possible term of three years in prison and a potential $50,000 fine for each day the violations occurred. The conspiracy and false statements counts of the indictment each carry a maximum possible term of five years in prison and a fine of $250,000, twice the gross gain to the defendants or twice the gross loss to a victim. The obstruction of justice count of the indictment carries a maximum possible sentence of 20 years in prison and similar fines.