Environmental crimes often can result in widespread degradation of the environment and threaten the health and safety of entire communities. In such circumstances, community service may be used in conjunction with traditional criminal sentencing options, provided that the community service comports with applicable law and furthers the purposes of sentencing set forth in 18 U.S.C. § 3553. Community service is authorized as a discretionary condition of probation under 18 U.S.C. § 3563(b)(12) and it is addressed in U.S.S.G. § 8B1.3.

Department attorneys considering the use of community service payments in environmental crimes cases must consult the policy governing settlement agreements involving payments to non-governmental third parties. See Memorandum from the Attorney General, Guidelines and Limitations for Settlement Agreements Involving Payments to Non-Governmental Third Parties (May 5, 2022); JM 1-17.000. Department attorneys proposing a settlement involving a payment to a non-governmental third party must obtain the approval of the Deputy Attorney General or the Associate Attorney General, as appropriate, and explain how the proposed payments comply with the Memorandum’s guidelines and limitations. See id. As noted in the Attorney General’s Memorandum, no approval is required for the following types of settlements: (1) Otherwise lawful payments or loans, in cash or in kind, that provide restitution or compensation to a victim or that otherwise directly remedy the harm sought to be redressed; (2) in cases of foreign official corruption, payments to a trusted third party when required to facilitate the repatriation and use of funds to directly benefit those harmed by the foreign corruption; (3) payments for legal or other professional services rendered in connection with the case; and (4) payments that are expressly authorized by statute or regulation, including restitution and forfeiture. See id.

United States Attorneys’ Offices considering the use of community service payments by defendants in environmental cases shall consult with the Environmental Crimes Section for guidance. Community service payments to governmental third parties are not subject to the approval requirement of this provision. Consultation with the Environmental Crimes Section is still required in such instances.

[updated August 2022]