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Several landfill workers arrested for felony conspiracy charges

Douglas County attorney says question remains over total amount of money involved, as deputies arrest several alleged accomplices

Several landfill workers arrested for felony conspiracy charges

Douglas County attorney says question remains over total amount of money involved, as deputies arrest several alleged accomplices

WAVERLE: DOUGLAS COUNTY DEPUTIES BELIEVE SEVEN DIFFERENT PEOPLE ARE CONNECTED TO A CRIMINAL CONSPIRACY AT THE COUNTY LANDFILL. INVESTIGATORS THINK IT MAY HAVE STARTED ALMOST 30 YEARS AGO. PROSECUTORS BELIEVE THE SCHEME SAVED SOME BUSINESSES THOUSANDS OF DOLLARS AT THE DUMP, AT THE EXPENSE OF TAXPAYERS. KETV NEWSWATCH 7’S NICK AMATANGELO INVESTIGATES. >> IT DOESN’T TAKE A ROCKET SCIENCE TO DO WHAT THEY’RE DOING. NICK: DOUGLAS COUNTY SHERIFF’S CAPTAIN ERIC SELLERS SAYS HE WAS FIRST NOTIFIED OF SUSPICIOUS ACTIVITY AT THE LANDFILL IN NOVEMBER. >> IT WAS A MEANS FOR THEM TO GET MONEY AND THEY ONLY HAVE A FEW PEOPLE IN THERE AND AS LONG AS THEY’RE ALL INVOLVED IN IT, IT’S A SIMPLE THEFT AT THAT POINT. NICK: HERE’S HOW THE SYSTEM WORKS, VEHICLES ARE WEIGHED AS THEY ENTER THE LANDFILL AND AGAIN AS THEY LEAVE. FEES ARE BASED ON THE DIFFERENCE. BUT IN THIS ALLEGED SCHEME, INVESTIGATORS THINK EMPLOYEES MANIPULATED OUTGOING WEIGHTS, WITH SOME HAULERS PAYING NOTHING AT ALL, OR LESS THAN THEY SHOULD’VE PAID. OTHER PAYING CASH AS THEY ENTERED AND NOTHING WHEN THEY LEFT. ONE HAULER TOLD INVESTIGATORS HE’D BEEN TO THE LANDFILL ONC OVER A THREE-MONTH PERIOD. AN AUDIT DETERMINED HE’D BEEN THERE AT LEAST 32 TIMES, AND HAD HIS WEIGHT LOWERED DURING ALL BUT TWO VISITS. THESE SUSPECTS FACED A JUDGE FRIDAY, ALL CHARGED WITH CRIMINAL CONSPIRACY, A FELONY. DOUGLAS COUNTY CONFIRMED MARK HELMBERGER AND SUZANNE SWANSON ARE CURRENT EMPLOYEES. DEPUTIES SAY HECTOR FLORES AND GARY COOPER WERE INVOLVED BUT ARE NOT EMPLOYEES OF THE COUNTY. >> I DON’T KNOW HOW IT STARTED, BUT AGAIN THEY WERE TIED INTO THIS AS FAR AS THEY KNEW THEY COULD BRING IN THEIR LOAD DUMP FOR A REDUCED COST WHICH THEY DID ON A REGULAR BASIS. NICK: MONEY WAS DISTRIBUTED TO THE GROUP-AND OFTEN DEALS WERE MADE WITH ROOFERS IN EXCHANGE FOR DISCOUNTS. IN ONE CASE, ONE EMPLOYEE NEEDED MONEY FOR A CAR. MARK HUNTLEY ALLEGEDLY TOOK THE SCALE HOUSE CASH RESERVE AND LEFT IT IN THE BACK ROOM. INVESTIGATORS THINK ANAHI LARA STAYED AFTER HER SHIFT, LEFT WITH A ROLL OF CASH IN HER HANDS-AND LATER PAID CASH FOR A 2015 FORD FUSION. DOUGLAS COUNTY ATTORNEY DON KLEINE SAYS THE CONSPIRACY CHARGE COULD LAND EACH SUSPECT IN JAIL FOR UP TO 20 YEARS. >> THERE’S SEVERAL VICTIMS TOO. THE COUNTY’S A VICTIM, THE LAND OWNER’S
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Several landfill workers arrested for felony conspiracy charges

Douglas County attorney says question remains over total amount of money involved, as deputies arrest several alleged accomplices

In an alleged scheme dating back months, perhaps years, sheriff's office investigators said several workers at the Douglas County landfill conspired to give free passes to some haulers, or under-count others' weight to skim profits they could pocket for themselves.Seven people, including five county workers, are now charged in this case.Mark Helmberger, 53, Anahi Lara, 24, Mark Huntley, 68, James Sudyka, Suzanne Swanson, 36, Gary Cooper, 63, Hector Flores, 43, were arrested Thursday. All are charged with criminal conspiracy to commit a felony and theft by unlawful taking, $1,500 to $5,000.Read the full affidavit hereAt the landfill, haulers are weighed as they go in and again as they leave. A fee is calculated based on the difference. According to court filings, investigators allege the group allowed manipulation of the numbers to under-weigh some landfill clients. In other cases, haulers were allowed to either pay cash up front, or simply dump for free."If the scale house employees are fixing the books so instead of 50 tons of garbage coming in, 20 tons came in and they're pocketing the cash for the difference," Douglas County Sheriff's Capt. Eric Sellers said."He's my guy" was allegedly the code word used to signal to other scale house workers that a hauler would not be charged for a landfill visit."I don't know how it started, but again they were tied into this as far as they knew they could bring in their load dump for a reduced cost which they did on a regular basis," Sellers said.Waste Management manages the landfill, but Douglas County operates the scale house that processes the fees. According to a court affidavit, a company analyst estimated that Waste Management may have lost as much as $350,000 over a three year period. One worker suspected in the case told investigators he'd given discounts to haulers as far back as 2007.Another said they thought the scheme had been going on since 1995.The affidavit alleges over a three-month period in 2020, employees lowered fees for one hauler 336 times, resulting in a loss of around $8,800.That hauler and others told investigators they knew they were getting discounts, but never knew why.Another hauler acknowledged receiving "frequent and substantial discounts" at the landfill. He said employee James Sudyka allegedly "started asking him for cash at the inbound window and provided receipts... for amounts less than the cash amount paid."Sudyka told investigators he let some haulers dump for free saying he "had to do it that way to keep the line moving fast enough."The affidavit also recounts one instance where an employee needed money for a car. According to the document, Mark Huntley allegedly took the "scale house cash reserve" and left it in the back room.Later, employee Anahi Lara stayed after her shift, and left with a role of cash in her hand. She purchased a 2015 Ford Escort for $7,750 and paid in cash.Another employee said money left in the background was considered a "tip".Douglas County Attorney Don Kleine says the victims are those who operate the landfill."There are several victims too. The county's a victim, the land owner's a victim, Waste Management, State of Nebraska so we'll sort that out," Kleine said. Kleine also said it still comes down to taxpayer dollars getting pocketed. "There's still a question of how much the total might be," he said.

In an alleged scheme dating back months, perhaps years, sheriff's office investigators said several workers at the Douglas County landfill conspired to give free passes to some haulers, or under-count others' weight to skim profits they could pocket for themselves.

Seven people, including five county workers, are now charged in this case.

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Mark Helmberger, 53, Anahi Lara, 24, Mark Huntley, 68, James Sudyka, Suzanne Swanson, 36, Gary Cooper, 63, Hector Flores, 43, were arrested Thursday. All are charged with criminal conspiracy to commit a felony and theft by unlawful taking, $1,500 to $5,000.

Read the full affidavit here

At the landfill, haulers are weighed as they go in and again as they leave. A fee is calculated based on the difference.

According to court filings, investigators allege the group allowed manipulation of the numbers to under-weigh some landfill clients. In other cases, haulers were allowed to either pay cash up front, or simply dump for free.

"If the scale house employees are fixing the books so instead of 50 tons of garbage coming in, 20 tons came in and they're pocketing the cash for the difference," Douglas County Sheriff's Capt. Eric Sellers said.

"He's my guy" was allegedly the code word used to signal to other scale house workers that a hauler would not be charged for a landfill visit.

"I don't know how it started, but again they were tied into this as far as they knew they could bring in their load dump for a reduced cost which they did on a regular basis," Sellers said.

Waste Management manages the landfill, but Douglas County operates the scale house that processes the fees.

According to a court affidavit, a company analyst estimated that Waste Management may have lost as much as $350,000 over a three year period.

One worker suspected in the case told investigators he'd given discounts to haulers as far back as 2007.

Another said they thought the scheme had been going on since 1995.

The affidavit alleges over a three-month period in 2020, employees lowered fees for one hauler 336 times, resulting in a loss of around $8,800.

That hauler and others told investigators they knew they were getting discounts, but never knew why.

Another hauler acknowledged receiving "frequent and substantial discounts" at the landfill. He said employee James Sudyka allegedly "started asking him for cash at the inbound window and provided receipts... for amounts less than the cash amount paid."

Sudyka told investigators he let some haulers dump for free saying he "had to do it that way to keep the line moving fast enough."

The affidavit also recounts one instance where an employee needed money for a car.

According to the document, Mark Huntley allegedly took the "scale house cash reserve" and left it in the back room.

Later, employee Anahi Lara stayed after her shift, and left with a role of cash in her hand. She purchased a 2015 Ford Escort for $7,750 and paid in cash.

Another employee said money left in the background was considered a "tip".

Douglas County Attorney Don Kleine says the victims are those who operate the landfill.

"There are several victims too. The county's a victim, the land owner's a victim, Waste Management, State of Nebraska so we'll sort that out," Kleine said.

Kleine also said it still comes down to taxpayer dollars getting pocketed. "There's still a question of how much the total might be," he said.