United States v. DNRB, Inc., No. 17-3148 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed DNRB's conviction of a Class B misdemeanor for willfully violating two safety regulations and causing an employee's death. The court held that, because the employee was not connected to an anchorage point before he fell, there was sufficient evidence that DNRB violated 29 C.F.R. 1926.760(a)(l) and (b)(1); sufficient evidence supported the district court's finding of willful violation by the company; and the factual findings were sufficient to support a conclusion that DNRB's failure to comply with the safety standards caused the employee's death. The court rejected DNRB's challenges to other-acts evidence and FRE 404(b) evidence; the district court considered and applied the 18 U.S.C. 3553(a) factors before imposing a $500,000 fine; and the district court could impose the maximum fine allowed by law even though it recognized the likelihood DNRB, which had ceased operations, might not be able to pay.