United States v. Randall Reis

MEMORANDUM

Defendant-Appellant Randall Reis (“Reis”), the Chairman of the Board and Chief Executive Officer of MR3 Systems, Inc. (“MR3”), appeals his conviction under the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6928 (d)(2)(A). Reis contends that the government could charge and obtain a conviction against either MR3 or Reis, but not both. We reject Reis’s contention and affirm.

Both Reis and MR3 qualify as “person[s]” under RCRA, 42 U.S.C. § 6903 (15). The government did not rely on the responsible corporate officer doctrine or any other theory of derivative liability to establish Reis’s guilt. The government proved each element of the crime with respect to Reis individually. The government presented evidence to the jury that Reis had knowledge of the illegal storage of hazardous waste and directly participated in the conduct that violated RCRA. Reis participated in day-to-day management of the facility, he had been warned that the material was hazardous waste for which the corporation needed a permit, and he had the power and control to prevent or remedy the violation. There is no evidence that the jury found Reis guilty merely because he held a position of…