Two Puerto Rican Men Sentenced for Destroying Wetlands Including in the Jobos Bay National Estuarine Research Reserve

On Friday, Sept. 13, two Puerto Rican men were sentenced for their destruction, removal and fill 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 the area, 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 the wetlands and study the biological and societal impacts of estuarine habitat, as well as provide recreation and educational opportunities to local communities. The reserve is home to the endangered 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 the waters of the United States. It prohibits the discharge of any pollutant and fill material into waters of the United States except when a permit is obtained from the United States.

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

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

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

Senior Trial Attorney Patrick M. Duggan of the Justice Department's Environmental Crimes Section and Assistant U.S. Attorney Seth A. Erbe for the District of Puerto Rico are prosecuting the case.