On July 17, 2013, Brian Raphael D’Isernia, 69, and Lagoon Landing, LLC, his corporate entity, were sentenced in United States District Court for the Northern District of Florida in Panama City for illegal dredging and felony wetlands violations under the Rivers and Harbors Act and the Clean water Act. A fine of $2,250,000.00 was also assessed ($100,000.00 to D’Isernia and $2,150,000.00 to Lagoon). There was also a $1 million community service payment and three years probation.
D’Isernia was charged with dredging an upland cut ship launching basin in Allanton and the channel connecting it to East Bay between December 2009 and February 2010 without obtaining a permit. Lagoon altered and filled wetland areas of property it controlled in Allanton without obtaining a permit. The case was investigated by the USEPA CID, the Coast Guard Investigative Service, and a whole host of agencies including the USEPA Region 4, the US DoT, the Office of Inspector General, the US Corps of Engineers, the US Department of Agriculture and FDEP.
There were five separate but related civil lawsuits brought as well which were also settled (a compliance order in one with the USEPA and four consent orders with the FDEP).