Bridgeport, CT – Boris Tomicic, 40, of West Hartford, Connecticut, has been sentenced to 18 months in federal prison for his role in a fraudulent scheme targeting a New York shopping mall developer and its liability insurer. The sentencing, handed down by Senior United States District Judge Warren W. Eginton on June 18, 2012, concludes a case investigated by the Environmental Protection Agency’s Criminal Investigation Division.
The scheme, which unfolded between 2004 and 2009, centered around site preparation work at a New York shopping mall under construction. Tomicic, then a project manager for Earth Technology, Inc., a Connecticut-based environmental contractor, exploited his position and a related business venture to inflate disposal costs for contaminated soil. Earth Technology was contracted to excavate the site, and during the process, soil containing high levels of lead was discovered.
Prosecutors presented evidence at trial demonstrating that Tomicic utilized Recycle Technology, LLC, a Massachusetts-based contaminated fuel and soil disposal company in which he held an ownership interest, as a conduit for the fraud. While the actual disposal cost at a New Jersey facility was $127.50 per ton, Tomicic directed William McCambridge, the nominal owner of Recycle Technology, to issue invoices at $218 per ton to Earth Technology. Tomicic then further marked up these invoices by 15 percent, billing Plaza Construction Company and Atlas Park, LLC, the mall developer, a fraudulent $250.70 per ton.
Fabricated Bids & Insurance Fraud
The deception didn’t stop there. When Chubb Insurance, the liability insurer for the development site, requested competitive bids for the soil disposal, Tomicic fabricated two bids to falsely suggest that the $218 per ton price from Recycle Technology was the lowest available. This manipulation successfully misled Chubb Insurance into paying a larger claim than it otherwise would have, effectively defrauding the company.
Legal Ramifications & Restitution
A jury found Tomicic guilty of one count of wire fraud (18 U.S.C. 1343) on November 4, 2011. In addition to the 18-month prison sentence, Judge Eginton imposed a three-year period of supervised release following incarceration. Tomicic was also ordered to pay $90,000 in restitution to Chubb Insurance to cover the losses incurred as a result of his fraudulent activities. McCambridge, who pleaded guilty to conspiracy to commit wire fraud (18 U.S.C. 371) on July 7, 2009, was later sentenced on March 21, 2013, to one year of supervised release and ordered to pay $309,941 in restitution.
Key Facts
- Defendant: Boris Tomicic, 40, West Hartford, CT
- Crime: Wire Fraud, Conspiracy
- Statutes Violated: 18 U.S.C. 1343, 18 U.S.C. 371
- Victims: Plaza Construction Company, Atlas Park, LLC, Chubb Insurance
- Sentence: 18 months imprisonment, 3 years supervised release
- Restitution: $90,000 to Chubb Insurance
- Co-conspirator: William McCambridge also convicted
Assistant U.S. Attorneys Eric J. Glover and Paul A. Murphy prosecuted the case, highlighting the EPA’s commitment to pursuing environmental crimes that also involve financial fraud. This case serves as a warning that attempts to profit from environmental remediation projects through deception will be met with federal prosecution.
Source: EPA ECHO Enforcement Case Database
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