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Lupo sentencing postponed
YOUNGSTOWN
The sentencing of the businessman who ordered illegal dumping of oil-field waste into a Mahoning River tributary in Youngstown has been postponed until 10 a.m. Aug. 5.
The sentencing of Ben Lupo, 63, of Springfield Township, who pleaded guilty to violating the federal Clean Water Act, had been set for June 16.
U.S. District Court Judge Donald C. Nugent postponed the sentencing, however, at the request of Lupo’s lawyer, Joseph W. Gardner of Canfield. The U.S. Attorney’s Office did not object to the postponement.
Gardner asked for the postponement because U.S. Bankruptcy Court Judge Kay Woods isn’t expected to finalize the sale of Lupo’s company, D&L Energy Inc., until July 1, and Lupo’s financial condition won’t be known until that happens.
Gardner said Lupo is concerned about fines and cleanup costs.
Lupo could be fined up to $250,000 and imprisoned up to three years.
Gardner also asked for a postponement of the sentencing until an expert defense witness can be made available to testify.
Meanwhile, another Lupo company, Hardrock Excavating LLC, is scheduled for a jury trial beginning June 26 on a charge of violating the Clean Water Act.
A Lupo employee, Michael P. Guesman, 35, of Cortland, has been sentenced to three years’ probation and 300 hours of community service after he pleaded guilty to violating the Clean Water Act and admitted dumping waste at Lupo’s direction on 24 nights beginning Dec. 12, 2012.
Yet another defendant, Mark A. Goff, 46, of Newton Falls, who pleaded guilty to dumping waste down a storm drain and into the tributary at Lupo’s direction on nine nights between Oct. 1 and Nov. 12, 2012, will be sentenced at 10 a.m. July 7.
A Jan. 31, 2013, discharge of brine, drilling mud and drill cuttings triggered a multiagency investigation and a $3 million cleanup.