Millions on the Line: 6/10 Project Players Face Years in Federal, State and Civil Litigation

GoLocalProv News Team

Millions on the Line: 6/10 Project Players Face Years in Federal, State and Civil Litigation

Vincent Barletta, CEO of Barletta Heavy Machine. PHOTO: GoLocal
You need a scorecard to track all of the litigation and legal proceeding tied to the dumping of contaminated material in the Olneyville neighborhood of Providence — one of the poorest sections of the state. The per capita income in the area is just over $18,000.

GoLocal first reported the dumping in September 2020 and has published more than 40 articles following the revelation. 

A full timeline of the investigation is at the bottom of this story.

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While federal and state actions are making their way through the courts, the "victims" of the dumping -- the families who live adjacent to the site -- have taken their own action suing the Rhode Island Department of Transportation and the other players.

 

Here are the pending lawsuits and enforcement actions:

 

RI Attorney General Peter Neronha. PHOTO: GoLocal
State of Rhode Island v. Barletta Heavy Machine, Dennis Ferreira

On Wednesday, John Bulman, a corporate officer for a series of Barletta companies, appeared in Providence Superior Court to plead not guilty to state charges against the company.

The Attorney General has charged Barletta with two counts of illegal disposal of solid waste, one count of operating a solid waste management facility without a license, and one count of providing a false document to a public official. Barletta is a Canton, Mass.-based construction firm, overseeing the ongoing $247 million Route 6/10 Interchange highway construction project that began in 2018.

Vincent Barletta, the CEO of Barletta Heavy Machine, was not charged in the case. However, he told GoLocal that Neronha’s office repeatedly threatened him with arrest.

In an interview with GoLocal in early January before Neronha announced the charges, Vincent Barletta told GoLocal that Neronha was “blackmailing” him and demanding $17 million to settle the environmental contamination case.

Neronha has refused to disclose how much the state is seeking in penalties from the company.

The Attorney General has also charged Barletta’s 6/10 project supervisor Dennis Ferreira with two counts of illegal disposal of solid waste, one count of operating a solid waste management facility without a license, and one count of providing a false document to a public official.

Ferreira is scheduled to appear in Providence Superior Court on February 7 to plea to the state charges. He has already pled to three federal charges - see below.

 

U.S. Department of Justice
U.S. Department of Justice - Barletta Heavy Machine

A non-prosecution agreement was signed by the Department of Justice and Barletta Heavy Machine in October.

According to the non-prosecution agreement, Barletta Heavy Division will pay total penalties of $1,500,000.

And the company will pay $1,000,000 as part of a civil penalty. All of the provisions of that aspect of the civil agreement will be made public in the near future, the U.S. Attorney's office said.

No officers of the corporation were charged.

 

Whistleblower - False Claim

In November, the key document of the federal whistleblower complaint filed by James White, President of Local 57 of the International Union of Operating Engineers against Barletta Heavy Division, was unveiled by GoLocalProv.

The claim was under court-ordered seal for approximately two years.

White’s lawsuit constitutes a federal civil action. The contamination took place under the oversight of the Rhode Island Department of Transportation, and its Director, Peter Alviti, repeatedly lied in statements to the media that there was no contamination.

White’s whistleblower case served as the vehicle for the Department of Justice’s actions against Barletta Heavy Machine. White received approximately $150,000 for his actions.

 

U.S. Federal Court House. PHOTO: GoLocal's Will Morgan
U.S. Department of Justice - Dennis Ferreira

The project supervisor for Barletta agreed to plea to three federal charges.

Specifically, he pled guilty in federal court to charges of making false statements; under a separate agreement, Barletta will pay a criminal fine of $500,000, return $1,000,000 to the government, make factual admissions, and undertake a series of monitoring, reporting, and compliance measures. 

He faces sentencing in federal court this spring.

 

Carmona family. PHOTO: Family
Teofilo and Virginia Carmona v. State of Rhode Island, Department of Transportation and Miriam Bonilla v. State of Rhode Island, Department of Transportation

In October, before federal or state enforcement action, the two families whose homes and backyards were covered with contaminated soil filed lawsuits against the Rhode Island Department of Transportation. 

Neronha has hired outside counsel to defend the state.


TIMELINE: 6/10 Contamination GoLocal Investigation

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