John Floyd and Nelson Wu, both civilian employees of the United States Navy’s Fleet Logistics Center Pearl Harbor, have been indicted for conspiracy to commit an offense against the United States and causing another person to make a materially false statement or omission in a matter within the jurisdiction of the executive branch.
According to Acting United States Attorney Ken Sorenson, “Between May 6, 2021 and October 1, 2021, Floyd and Wu were civilians employed as Fuels Department Deputy Director and Fuels Department Supervisory Engineer, respectively, of the United States Navy, Navy Supply Systems Command Fleet Logistics Center Pearl Harbor, which included the Red Hill Bulk Fuel Storage Facility (Red Hill). On May 6, 2021, two couplings on the pipeline at Red Hill failed during an attempted transfer of jet fuel. The attempted transfer was aborted after approximately 20,000 gallons of jet fuel from a storage tank flowed into the pipeline and then spilled into the tunnel. As the regulator of Red Hill due to an authorization by the United States Environmental Protection Agency, the Hawaii Department of Health issued a request for information (RFI) to the United States Navy regarding the May 6, 2021 spill. In connection with the Navy’s October 1, 2021 response to the RFI, Floyd and Wu allegedly willfully caused the Navy to falsely state that the May 6, 2021 spill involved an estimated 1,618 gallons of jet fuel, rather than 20,000 gallons as then known by Floyd and Wu to have been spilled, and omitted information and records material to the RFI.”
If convicted on these charges—conspiracy and making or causing false statements—Floyd and Wu could each face up to five years in prison per charge as well as fines up to $250,000.
The indictment states that these are accusations only; both defendants are presumed innocent unless proven guilty beyond a reasonable doubt in court. Sentencing would be determined by a U.S. District Judge using statutory factors along with advisory federal sentencing guidelines.
The investigation is being conducted by several agencies: Defense Criminal Investigative Service; Naval Criminal Investigative Service; Environmental Protection Agency Criminal Investigation Division; and EPA Office of Inspector General.
Assistant U.S. Attorney Craig S. Nolan is prosecuting this case.
