US v. John Emerson Tuma – Sentencing Possibilities
A special thanks to Bruce Pasfield for coming up with the sentencing information.
After being convicted on March 21, 2012, on all five counts in the indictment, John Tuma will be sentenced July 25, 2012. According to the USDOJ press release, Mr. Tuma faces a maximum penalty of five years in prison on the conspiracy charge, three years in prison on each of the Clean Water Act violations and five years in prison on the obstruction of justice charge, for a total of nineteen (19) years in prison. He also faces a fine of not more than $250,000.00, or twice the gross gain or loss resulting from the unlawful conduct, or both, per count. The fine could range into the millions of dollars.
In my opinion, the most likely sentencing outcome under the sentencing guidelines for John Tuma is as follows:
| Base level offense under U.S.S.G. 2Q1.3 | 6 |
| Specific Offense Characteristic for ongoing, continuous or repetitive discharge | 6 |
| Specific Offense Characteristic for a cleanup that required a substantial expenditure | 4 |
| Specific Offense Characteristic for an offense involving the discharge without a permit | 4 |
| Role in the offense U.S.S.G 3B1.1 | 2 |
| Obstructing or Impeding Justice 3C1.1 | 2 |
| Total Offense level | 24 |
The Total Offense Level of 24 equals fifty-one (51) to sixty-three (63) months of imprisonment. Judge Stagg could add one or two points for an enhanced “role in the offense” that adjust the sentence up to fifty-seven (57) to seventy-eight (78) months imprisonment. Also for each of the three specific offense characteristics, the judge has discretion to increase or decrease each by 2 points depending on the nature of the offense and type of pollutant involved. If Judge Stagg did that, the sentence could be increased or decreased substantially (a range of 121-151 months or 27-33 months). Either way, it is probably going be one of the longest sentences for an environmental crime ever handed down in Louisiana.
In terms of fines, the guidelines call for a fine between $12,500.00 and $125,000.00, based on an offense level of 24 months. In addition, Mr. Tuma can be fined for up twice the monetary gain or loss from the crime. That dollar amount could be upwards of $31,000,000.00. As part of the pre-sentencing investigation the probation officer will make a determination of Mr. Tuma’s assets. The court then is required to impose a fine based upon Mr. Tuma’s ability to pay. The judge typically will not go beyond the ability to pay in imposing a fine.
Judge Stagg may also require restitution.
More later.
As always, feel free to contact me at walter.james@jamespllc.com
WDJiii