Our lawyers have expertise in the areas of business litigation, energy litigation and all aspects of a government investigation. Our goal is to assist our clients in all aspects of complex litigation and any criminal investigations. Our firm expertise consists of federal cases especially those that deal with energy and utility corporation.
What is the “Destruction of an Energy Facility?”
Destruction of an Energy Facility is defined as intentionally and willfully causing damage or attempting to conspire to damage an energy facility.
Simply put, a person that intentionally damages or attempt to conspire to damage an energy facility. In essence, this is a crime in which it does not happen by accident.
For example, one cannot accidentally blow up an energy facility.
Destruction of an energy facility takes a real criminal mind.
This is a seriously methodical offense.
This crime has been referred to as the Federal Crime of Terrorism.
Terrorist tend to seek out energy facility to do the most damage. Criminals use this type of crime as a means to impact the conduct of the government by coercion or intimidation. Usually, terrorist use this as a way to try and retaliate against any type of government conduct. 18 U.S.C. § 2332b(g)(5).
Law and Governing Body for Enforcement
The law that governs Destruction of an Energy Facility is from 18 U.S.C. Section 1366. It is referred to as Malicious Mischief for Destruction of Energy Facility. Section 1366 encompasses Federal protection for all aspects of energy facilities, transmission and distribution facilities which includes all pipelines and transmission lines.
This section provides that if a person knowingly and willfully damages or attempt or conspire to damage the property of an energy facility that exceeds $100,000.00 may be subject to fine or prison for no more than 20 years.
The Federal Bureau of Investigation ( “FBI”) is primary agency responsible for enforcement. The FBI enforces those crimes that involve willful destruction of government property which may include energy facility through the Counterterrorism Section of the for the National Security Division.
There are other federal agencies that work in conjunction with the Malicious Mischief for Destruction. The 911 Commission has been instrumental in assessing the possible risk of attack to energy facilities. President George W. Bush and Congress are the creators of this bipartisan for the National Commission on Terrorist Attack for the United States. The 911 Commission has provided a recommendation regarding future attacks.
History has taught up to the importance of being prepared for future events of terrorist attacks. This allows the FBI to have a better grasp of the potential perpetrators. The organization may be different but they all share a common goal. The goal is to protect the infrastructure from mass destruction. Protection of the energy facilities is what is needed in order to prevent destruction.
Proof Required for Destruction of Energy Facility
Justice is the motivating factor of the FBI in prosecuting those parties that destroy energy facilities. In order for justice to be maintained, preparation is necessary. Destruction of an energy facility required proof based on beyond a reasonable doubt.
The government must do their job to make sure that they have the necessary proof in order to convict. The FBI is determined to catch the perpetrator regardless of how long it takes.
The Burden of Proof Is On The Government.
The government must provide that the alleged defendant actions were done “knowingly and willfully.”
Section 1366 provides that one of the three jurisdictional facts must be asserted which includes:
(1) “significant interruption or impairment of a function of [the] energy facility”; and
(2) damage or attempted damage exceeding $100,000; or
(3) damage or attempted damage in the amount of $5,000.
In the event that the incident causes a significant interruption of the facility, or results or would have resulted in damages exceeding $100,000, the defendant is subject to a fine of up to $250,000, ten years imprisonment, or both.
If actual or projected damage exceeds $5,000 but is less than $100,000, the defendant may be sentenced to imprisonment for up to five years, a fine of up to $250,000, or both. See 18 U.S.C. §§ 3559(a), 3571.
Proving the “Interruption” or “Impairment” of an Energy Facility
It only takes a small effort to impair the function of the energy facility by a terrorist. Terrorist take great pride in destroying an energy facility. Once there has been an attack on an energy facility, it is easy to prove the damage.
Many times, there are casualties and various injuries not only to the people but the environments itself. The surrounding environment may have a lasting impact for years because of contamination.
Corporate entities must get involved in order to clean up the contamination. The government has done an excellent job in maintaining its conviction rate for the destruction of energy facilities.
The “Lone Wolf”
Energy facilities are attractive because terrorist seeks the largest impact because of the potential of mass destruction. One predator for energy facilities is the “Lone Wolf.”
The Lone Wolf is an individual that seeks to destroy government property because they have some issue with the government. The “Lone Wolf” can be from any racial or ethnic background. The society in which we live is a breeding ground for this sort of domestic terrorism.
The “Lone Wolf” can appear almost out of anywhere. Social Media has been essential to the FBI in terms of seeing the vivid posts of the “Lone Wolf.”
There are all sorts of videos from YouTube, Snapchat and Facebook that terrorist and parties similar to the “Lone Wolf” that display their dislike for the United States. As a community, we are empowered to make a difference by reporting activity that may be suspicious.
Impact of the Destruction of an Energy Facility
The magnitude of an attack at an energy facility can be cataclysmic. The destruction of an energy facility may create astronomical casualties. Millions of lives may be impacted. Some of the damage of an energy facility consists of contamination of the area, various forms of cancers, life long illnesses along with death.
The nature of an energy facility means that any destruction will cause severe burns and possible exposure to radiation. Essentially, law enforcement must be diligent in order to combat and prevent such destruction.
The impact of the destruction of an energy facility is usually disastrous. There are physical injuries along with death. The physical injuries can be life-changing. Regardless of the outcome of the terrorist, it will not undo the damaged that has been inflicted upon an injured party. New technology sources have allowed the FBI to narrow down and arrest those suspects that try to destroy energy facilities.
Give Us A Call
The “destruction of energy facilities” has serious consequences.
It is vital that one has an attorney that can explain your legal options.
Our attorneys are instrumental in implementing and negotiating civil ligation with innovative concepts for the success of their clients.
Our attorneys can provide the best strategy which will result in the best successful defense against any federal crime. Time waits for no one. The best time to give us a call is now.