On Friday, Sept. 13, two Puerto Rican men were sentenced for their destruction, removal, and filling of protected wetlands in Puerto Rico in violation of the Clean Water Act.

U.S. District Court Judge Gina R. Mendez-Miro for the District of Puerto Rico sentenced Rafael Carballo-Diaz, 51, to 12 months in prison, one year of supervised release, and a $4,000 fine. According to court documents, starting in July 2020, Carballo-Diaz destroyed, removed, and filled mangrove wetland areas within and around the Jobos Bay National Estuarine Research Reserve (JBNERR) in Las Mareas, Puerto Rico. Despite lacking a permit, he filled the area with quarry material, gated it off, placed at least six mobile housing units on the property and added a pool. He then named the property “Cacique Resort” and rented the units online as short-term vacation properties.

Nathaniel Hernandez-Claudio, property manager at Carballo-Diaz’s Cacique Resort, was sentenced by Judge Mendez-Miro to 12 months of probation for his role in filling the property. Both Carballo-Diaz and Hernandez-Claudio were indicted in December 2023 and pleaded guilty in July.

Mangrove wetlands such as those destroyed by the defendants are critical to local infrastructure, economies and ecosystems because they can limit damage from flooding and storms, reduce pollution and provide habitat for numerous marine and endangered species. The JBNERR was designated as a reserve in 1981 to protect these wetlands and study the biological and societal impacts of estuarine habitats while providing recreation and educational opportunities to local communities. The reserve is home to endangered species including the brown pelican, peregrine falcon, hawksbill turtle and West Indian manatee.

Congress enacted the Clean Water Act in 1972 to protect and maintain the integrity of U.S. waters. It prohibits discharging any pollutant or fill material into U.S. waters except when a permit is obtained from relevant authorities.

This case is part of an ongoing investigation into wetland destruction in Puerto Rico. Previously charged individuals include Luis Enrique Rodriguez-Sanchez who was sentenced in June; Awildo Jimenez-Mercado who was sentenced on Sept. 11; and Pedro Luis Bones-Torres who is scheduled to be sentenced on Nov. 7.

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division along with U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico made this announcement.

The Environmental Protection Agency’s Criminal Investigation Division along with FBI investigated this case with support from the Puerto Rico and U.S Virgin Islands Environmental Crimes Task Force.

Senior Trial Attorney Patrick M Duggan from Justice Department’s Environmental Crimes Section along with Assistant U.S Attorney Seth A Erbe for District of Puerto Rico are prosecuting this case.