Bogus bidder: BLM auction monkey-wrencher faces two felonies Drilling » U. student hoped for mercy from Obama’s team, but no luck. By Patty Henetz The Salt Lake Tribune
Tim DeChristopher (right) sits next to his attorney, Pat Shea, as talks at a press conference on Wednesday, April 1,2009 concerning his actions last December at an oil lease auction and possible prosecution. (Paul Fraughton/ The Salt Lake Tribune)
Tim DeChristopher — the monkey-wrenching University of Utah student who caused an environmental sensation by disrupting a high-profile oil and gas lease auction — pinned his hopes on President Barack Obama to get him out of trouble.
But shortly after a federal grand jury handed up a two-count felony indictment Wednesday against the 27-year-old economics major, Interior Secretary Ken Salazar crushed any notion of help from Washington.
The Bureau of Land Management, Salazar warned, “will not tolerate future conduct which undermines the integrity of the bid process.”
DeChristopher said he didn’t regret bidding on 13 drilling parcels near Arches and Canyonlands with no intention of paying the $1.8 million for them. But he did believe the Obama administration might see the seriousness and morality of his mission to protect the future against global climate disruption.
“Those hopes were misplaced,” he said. “Now my hopes rest on a jury of my peers.”
DeChristopher faces up to 10 years in prison and $750,000 in fines under charges he organized and participated in a scheme to “defeat” federal law and made a fraudulent statement when he registered as a bidder at the BLM’s Dec. 19 lease sale in Salt Lake City.
U.S. Attorney for Utah Brett Tolman said that, while he recognized people may have deeply held views on government behavior, they should express them lawfully.
“Rather than follow the rule of law, this defendant has, in his own words, repeatedly said he intended to disrupt the lease-bidding process,” Tolman said. “Today’s indictment is our response to his decision.”
On the day of the auction, DeChristopher signed a bidder-registration form that warned it is a federal crime to “knowingly and willfully make any false, fictitious or fraudulent statements” and cited the maximum penalties: up to five years in prison and a $250,000 fine.
“DeChristopher represented himself as a bona fide bidder,” Tolman said, “when in fact he was not.”
In addition to being charged with filing a false bidder form, DeChristopher is accused of violating the federal Onshore Oil and Gas Leasing Reform Act of 1987, which set up rules for competitive bidding.
DeChristopher remains free, and Tolman has yet to issue a summons for his arraignment. His lawyers are noted Utah defense attorney Ron Yengich and Pat Shea, a BLM director under the Clinton administration.
Shea, who will continue to seek a plea deal, said he knew of previous instances in which individuals didn’t pay up for their bids. “To my knowledge,” he said, “there were no prosecutions.”
The December auction had been in an uproar since Election Day, when the BLM posted a list of sales covering 360,000 acres of southern and eastern Utah redrock desert. The agency pulled some of the most disputed parcels. But conservation organizations said 77 parcels on 103,000 acres still were too close to Arches and Canyonlands national parks, Dinosaur National Monument and relic-rich Nine Mile Canyon.
A federal judge stopped the BLM from proceeding on those leases, and Salazar shelved them in February, accusing the Bush administration of rushing in its final days to drill. Salazar said Obama’s Interior Department wants a more balanced approach that takes in environmental concerns along with petroleum industry needs.
But Salazar showed no mercy when it came to DeChristopher’s bogus bidding.
“The indictment announced today contains serious allegations of fraud by a bidder in a BLM oil and gas lease sale,” the Interior boss said. “In order to have a fair and orderly process for these sales, it is essential that all participants follow the prescribed rules.”
DeChristopher, who has catapulted to folk-hero fame in environmental circles, said he didn’t oppose oil and gas development on principle but did take a stand against harming sensitive public lands.
“This auction was a fraud against the American public and a threat to my future,” he said. “My action exposed the unjust nature of that auction.”
An industry representative said she has heard the same argument many times.
“There’s a perception that natural-gas development in Utah is going to destroy the land, and that drastic action is necessary,” said Kathleen Sgamma, government-affairs director for the Independent Petroleum Association of Mountain States. “If he understood that it’s a small and temporary impact, and that the land is reclaimed to its original state, then maybe he wouldn’t have felt compelled to take this action.”
A monkey-wrencher’s tale
At a Dec. 19 auction, Tim DeChristopher, a 27-year-old University of Utah economics student, bid on 13 oil and gas lease parcels covering 22,000 acres near Arches and Canyonlands with no intention of paying.
On Feb. 4, President Barack Obama’s Interior secretary, Ken Salazar, shelved 77 contested lease parcels, including the ones DeChristopher won, and scolded the Bush administration for rushing reviews of the disputed sites.
On Wednesday, DeChristopher was indicted on two felony counts. He faces up to 10 years in prison.
HARVEY HALPERN
Gee Phillip you seem like such an expert on what is and what isn’t civil disobedience – I wonder if your pure conscience has ever led you to committing it- or do you feel the world is so perfect that there aren’t any injustices that you need to stand up to?
restrac2000
— In Yahoo Canyons Group, “Tom Jones” wrote:
Is this vindictiveness? Wherefrom, formerly-happy-feet-person? Judges used to have leeway on applying a sentence appropriate to the crime I doubt that many would find the full ten years an appropriate sentence. First offender. Questionable BLM Lame Duck Sale. Leases withdrawn by next administration. All mitigating circumstances. I think one night in jail would be enough for the fellow, and a year or two of probation. Anything over 30 days is just kinda mean, don’t ya think??? >
Vindictiveness….no, a little too severe for that. Curious and hopeful this environmentalist and any who emulate him will swallow the pills they have prescribed to traditional land users for decades….Yes. That is obvious and resonates in my tone and desires for certain outcomes. I buy into the federal process and the much of the legal action that helps refine it. But if DeChristopher begs off a plea deal i fear it spreads a very specific message to his “opponents”….I am above the law and you are not. I think it will undercut the interest and respect so many have gained in exposing and challenging the legal mistakes state and federal agencies have made in the last few decades. So much of the environmental stance has been on the importance of law…..we can’t support a person who undermines it and then doesn’t want to suffer the consequences. At least I can’t and I know more people on the fence about this issue than who are definitely for or against his actions. I can support a person who acted morally and accepts the law to expand a message and change the staus quo.
Anything over thirty days is not “kinda mean”, I dare say anything less than a year is way too lenient. He intentionally undermined a federal process and committed several acts of fraud. His intentions were just as malicious as anyone else’s. More shocking is he succeeded. Not that I am disappointed in that fact, I dare I say I admire the guys devotion and courage. Ironically, I think he erodes the sincerity of the his with pleas for leniency and bargains. This I am most sincere about.
First offender? Yeah, can’t debate that one. But its not like he was peeing in the alley after getting a little too drunk. He premeditated a high level of crime that impacted millions of dollars. Was it a legitimate sale? There is a lot of support and evidence (which I have not read but tend to trust) that the sales were “fraudulent”. But I think bringing in that fact to lessen his sentence will only undermine his case and the impact it had on the American people. And he had a substantial national impact. Coverage everywhere. I consider this a good thing and hope organizations have run with the renewed (possibly short lived) interest in public land dialog. My greatest hope is he pleads guilty with no remorse and takes the sentence he is given. I think that would be the greatest catalyst for change.
> Civil disobedience does involve sucking it up and taking the consequences of your action. it does not mean not presenting a defense, and not working hard to show that your actions were earnestly for the good of society (whether others agree with your actions or not).
The good of the society doesn’t lessen the sentence, it more often changes the public conversation and leads to changes to the law themselves. And many people I know don’t fully agree that he acted “for the good of the people,” though there is no doubt he acted with the definitions of his own moral and ethical guidelines (and strong they must be, hard to not admire). But I haven’t heard that from the defense. What I have heard is a moral certainty and superiority. His communications (I haven’t read his blog in a few weeks now) act in discord with the his legal efforts more often than not. The good of the society argument is lost within the lesser sentence pleas I have heard. This may just be a PR problem but it seems blatantly his problem to me (he has strong groups that are actively supporting him).
>The USA has a LONG HISTORY OF civil disobedience – some would say the whole thing is civil disobedience. In selecting a sentence for the young man, the judge should consider the political nature of his actions, which to ME, would lead to a more-lenient sentence.
The leniency argument in civil disobedience hasn’t historically succeeded, though it seems to be a noticeable split in legal opinions. I haven’t read much but I do know it is far outweighed by judgments of equal or greater sentencing. And I tend to agree, political actions don’t carry less weight of the law, I would argue they inherently create a greater need because of their intent and consciousness. And I think that is what inherently makes Civil Disobedience successful. From the full tension of the events Americans can watch and decide if something needs to change. Lessen the sentence and people are more likely to dismiss it. That is my opinion of popular political culture, not law. The two are tightly married in these acts.
I misread and thought the $750,000 was $75,000……while I think community service would be helpful I also think he needs to cover the costs lost to the sales (administratice not land value) and some of the legal costs to the feds. $750,000 does seem a little severe. Once again, I see this an equal to what I would expect from anybody else breaking these laws.
I think this is inherently related to canyoneering….but my soap box is falling apart already from my weighty confidence.
Phillip
Rob Heineman
Ah, the futile search for fairness and justice. Or is it feudal? Anyone look at our incarceration rate lately? The dollars it sucks out of our collective wallets? $30,000 a year per incarcerated inmate. You really want to spend $300,000.00 on this guy? Just to demonstrate our collective venality? What a petty people we are. I’d rather see a few more potholes patched, more community mental health service availability, universal health care, more wilderness preservation, more ATV trails somewhere where they won’t bother us masses, and a host of other things. But no. Let’s build another prison. Hate to burst your bubble, but 10 years ain’t gonna happen. Mr. Yengich will see to that. A true master of the craft. I was privileged to watch his opening statement in the capital homicide trial of Michael Decorso. Yes, the good people of the State of Utah, trying to exeecute a citizen, all in the name of justice. It was beyond moving. The judge was visibly crying on the bench. So was most of the jury, if not all. Search for the humanity. Most of us have at least a little. Mr. Yengich is a genius at wrestling it out of the coldest of hearts. Mr. Decorso lives, and rightly so. Interesting to contrast this situation with the recent Justice Department announcement on the prosecution of former Senator Ted Stevens of Alaska. Yes, his convictions should be overturned for prosecutorial misconduct. But he will not be retried. In the interests of justice, the Justice Department finds it appropriate not to retry an 85 year old man who used his office to enrich himself to the tune of several hundred thousand dollars (enough to incarcerate an environmental scofflaw for 10 years!). He’s out of office now, good enough. Some would argue that was a more serious crime, and certainly the motive, personal enrichment, is much baser than the environmental protection motivations at issue here. Like most cases, this will likely settle. Without ten years of prison. $750,000.00 fines are typically reserved for corporations who can afford them. Won’t happen here. A couple hundered hours of community service makes a lot more sense to me. Ron will see to that. Wish he were here now. A firm believer in the axiom that public defenders should drink for free, I’ve savored many a tasty beverage on his beneficent nickel. Never prouder than the day he said he wanted to adopt me.
Peace and love,
Rob
— In Yahoo Canyons Group, “Tom Jones” wrote:
— In Yahoo Canyons Group, “restrac2000” wrote:
I think this will be a positive and defining day in Obama and
Salazar’s legacy. To truly be bi-partisian requires upholding the
law despite factional begs and pleas for leniency or harshness.
What – are we returning to the Rule of Law? All of a sudden? The events DID take place during the Bush Administration – why apply the rule of law now? (Just kidding. I’m in favor of the rule of law thing – and consistent application thereof).
> I honestly hope he gets the full ten years and fine. It is the
same outcome I would hope for those who commit crimes on the
otherside of the landuse issue.
I hope not. I think there are plenty of questions about the prosecution of the case, and the legitimacy of the original sale, that he should get off. Such as:
1. was the original sale legitimate? I think it violated all kinds of DOI rules and regulations. Can he commit fraud at a fraudulent sale? The law has relief for “lesser of two evils” actions.
2. The other people have fraudulently bid in previous auctions – have they been prosecuted? reports are that they have not.
> Without the full sentence his “civil disobedience”, as he calls
it, won’t carry nearly as much merit. I think to be a truly proud
day in the environmental movement he would need to serve his
sentence and pay his bills without the back-stepping his lawyers
are calling for.
Is this vindictiveness? Wherefrom, formerly-happy-feet-person? Judges used to have leeway on applying a sentence appropriate to the crime I doubt that many would find the full ten years an appropriate sentence. First offender. Questionable BLM Lame Duck Sale. Leases withdrawn by next administration. All mitigating circumstances. I think one night in jail would be enough for the fellow, and a year or two of probation. Anything over 30 days is just kinda mean, don’t ya think???
Civil disobedience does involve sucking it up and taking the consequences of your action. it does not mean not presenting a defense, and not working hard to show that your actions were earnestly for the good of society (whether others agree with your actions or not). The USA has a LONG HISTORY OF civil disobedience – some would say the whole thing is a civil disobedience. In selecting a sentence for the young man, the judge should consider the political nature of his actions, which to ME, would lead to a more-lenient sentence. To YOU, it seems to lead to a harsher sentence. That’s why we have judges, and why they used to have discretion.
Perhaps our lawyer friends could offer some comments – Scott? Rob? Steve?
Tom >
Tom Jones
— In Yahoo Canyons Group, “restrac2000” wrote:
I think this will be a positive and defining day in Obama and > Salazar’s legacy. To truly be bi-partisian requires upholding the > law despite factional begs and pleas for leniency or harshness.
What – are we returning to the Rule of Law? All of a sudden? The events DID take place during the Bush Administration – why apply the rule of law now? (Just kidding. I’m in favor of the rule of law thing – and consistent application thereof).
> I honestly hope he gets the full ten years and fine. It is the > same outcome I would hope for those who commit crimes on the > otherside of the landuse issue.
I hope not. I think there are plenty of questions about the prosecution of the case, and the legitimacy of the original sale, that he should get off. Such as:
1. was the original sale legitimate? I think it violated all kinds of DOI rules and regulations. Can he commit fraud at a fraudulent sale? The law has relief for “lesser of two evils” actions.
2. The other people have fraudulently bid in previous auctions – have they been prosecuted? reports are that they have not.
> Without the full sentence his “civil disobedience”, as he calls > it, won’t carry nearly as much merit. I think to be a truly proud > day in the environmental movement he would need to serve his > sentence and pay his bills without the back-stepping his lawyers > are calling for.
Is this vindictiveness? Wherefrom, formerly-happy-feet-person? Judges used to have leeway on applying a sentence appropriate to the crime I doubt that many would find the full ten years an appropriate sentence. First offender. Questionable BLM Lame Duck Sale. Leases withdrawn by next administration. All mitigating circumstances. I think one night in jail would be enough for the fellow, and a year or two of probation. Anything over 30 days is just kinda mean, don’t ya think???
Civil disobedience does involve sucking it up and taking the consequences of your action. it does not mean not presenting a defense, and not working hard to show that your actions were earnestly for the good of society (whether others agree with your actions or not). The USA has a LONG HISTORY OF civil disobedience – some would say the whole thing is a civil disobedience. In selecting a sentence for the young man, the judge should consider the political nature of his actions, which to ME, would lead to a more-lenient sentence. To YOU, it seems to lead to a harsher sentence. That’s why we have judges, and why they used to have discretion.
Perhaps our lawyer friends could offer some comments – Scott? Rob? Steve?
Tom
restrac2000
— In Yahoo Canyons Group, stefan wrote:
Bogus bidder: BLM auction monkey-wrencher faces two felonies > Drilling » U. student hoped for mercy from Obama’s team, but no luck. > By Patty Henetz > The Salt Lake Tribune >
I think this will be a positive and defining day in Obama and Salazar’s legacy. To truly be bi-partisian requires upholding the law despite factional begs and pleas for leniency or harshness. I honestly hope he gets the full ten years and fine. It is the same outcome I would hope for those who commit crimes on the otherside of the landuse issue.
Without the full sentence his “civil disobedience”, as he calls it, won’t carry nearly as much merit. I think to be a truly proud day in the environmental movement he would need to serve his sentence and pay his bills without the back-stepping his lawyers are calling for. If he was interested in self-preservation he shouldn’t have committed the crime in the first place. if he were to walk out of jail ten years from now it will make a testament about environmentalist, environmental law, and the extent to which people believe in the conservation of their public lands. Without accepting his time I believe his “civil disobedience” just another petty crime that undermines the statement and benefits he sought. IMHO.
Phillip