Acuity Specialty Products Group Inc.

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GUILTY PLEA and PLEA AGREEMENTr!:ed St32S ::oeyKcr:"er" 1st1=t of Geo:;:aUNITED STATES DISTRICT COURTNORTHERN DISTRICT OF GEORGIAATLANTA DIVISIONCRIMINAL NO. 1 :0 7-CR- 223The United States Attorney for the Northern District of Georgia, the EnvironmentalCrimes Section of the Department of Justice (the "Government"), as counsel forthe United States, and Acuity Specialty Products Group, Inc. ("Defendant ASP"), acorporation organized and existing under the laws of Delaware, hereby enter intothe following Negotiated Plea Agreement pursuant to Rule 11 of the Federal Rulesof Criminal Procedure ("Fed. R. Crim. P."), and governed by Rule 11(c)(l)(C):1) ADMISSION OF GUlL TDefendant ASP agrees to waive indictment by a grand jury and to pleadguilty to a one-count CRIMINAL INFORMATION charging it under 33 U.S.C.§ 13 19( c )(2 )(A) with knowingly violating the requirements imposed in apretreatment program approved under the Clean Water Act.Defendant ASP ispleading guilty because it is in fact guilty of the crime charged under 33 U.S.C.§ 1319(c)(2)(A) in Count One of the CRIMINAL INFORMATION.2) WAIVER OF RIGHTS(a)The Government and Defendant ASP agree that if the Court does notaccept the Plea Agreement or the recommended sentence in Paragraph 5 below, thePlea Agreement shall be rendered null and void.If the Court rejects the Plea1
Agreement or the recommended sentence following a plea of guilty by DefendantASP, Defendant ASP will be free to withdraw its plea of guilty. Defendant ASPunderstands that if the Court accepts the Plea Agreement and imposes therecommended sentence, it will not be able to withdraw its plea of guilty.(b)If this Plea Agreement is rendered null and void or if Defendant ASPwithdraws its plea of guilty, the Plea Agreement, the guilty plea, and any statementmade by Defendant ASP in the course of proceedings under Fed. R. Crim. P. 11 orin the course of plea discussions with the Government shall not be admissibleagainst Defendant ASP in any subsequent proceedings.(c)Defendant ASP understands that by pleading guilty, it is giving up theright to plead not guilty and the right to be tried by a jury. At a trial, the defendanthas a right to be represented by an attorney. During the trial, the defendant wouldbe presumed innocent and the Government would have the burden of proving itguilty of every essential element of the crime charged beyond a reasonable doubt.The defendant would have the right to confront and cross-examine the witnessesagainst it. If the defendant wished, it could present evidence in its defense, and itcould subpoena witnesses to testify on its behalf. If, however, the defendant didnot wish to present evidence, that fact could not be used against it. If the defendantwere found guilty after a trial, it would have the right to appeal the conviction.Defendant ASP understands that by pleading guilty, it is giving up all of theserights, and there will not be a trial of any kind. Defendant ASP also understandsthat it ordinarily would have the right to appeal its sentence and, under somecircumstances, to attack the sentence in post-conviction proceedings. By enteringthis Plea Agreement, defendant ASP may be waiving some or all of those rights toappeal or collaterally attack its sentence, as specified below. Finally, DefendantASP understands that, to plead guilty, it may have to, through its duly authorizedagent, answer questions posed by the Court concerning the rights that it is giving2
Page 4 and 5: 1'1.up and the facts of this case,
Page 6 and 7: the prov1s10ns set out mthe Complia
Page 8 and 9: this Plea Agreement, the Government
Page 10 and 11: CERTIFICATION OF ATTORNEY AND DEFEN
Page 12 and 13: ATTACHMENT A
Page 14 and 15: company, ASP. ASP is a Delaware cor
Page 16 and 17: II10. The R.M. Clayton Reclamation
Page 18 and 19: IIless than 25,000 gallons of waste
Page 20 and 21: discharged to the R.M. Clayton Recl
Page 22 and 23: IIDateOctober 30, 200 1November 6,
Page 24 and 25: ATTACHMENT B
Page 26 and 27: purchased from other companies to m
Page 28 and 29: eceiving a representative sample of
Page 30 and 31: IHIconstruction on improvements to
Page 32 and 33: X. Acuity represents to EPA that AS
Page 39 and 40: allegations of Acuity's corporate i
Page 41 and 42: (v). Schedule.After submission of t
Page 43 and 44: (b) Vice President of Compliance/Du
Page 45 and 46: ....12. Training.(a) Environmental
Page 47 and 48: 5. that the training requirements d
Page 49 and 50: I IG6. Freedom of InformationRespon
Page 51 and 52: "during the term of this Agreement
Page 53 and 54:
1111submissions to SOD through thei
Page 55 and 56:
ATTACHMENT C
Page 57 and 58:
EXHIBIT ARESOLUTIONSOFTHE BOARD OF
Page 59 and 60:
2) WAIVER OF RIGHTS(a)The Governmen
Page 61 and 62:
4) LIMITATION OF CHARGESThe United
Page 63 and 64:
7) WAIVER OF APPEALIf the Court acc
Page 65 and 66:
In Open Court thisday of June, 2007
Page 67:
Ii iINFORMATION BELOW MUST BE TYPED
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