Oviedo, FL – A complex scheme involving fraudulent asbestos abatement training certificates has led to the convictions of four individuals in Florida, revealing a dangerous disregard for public health and safety regulations. Adrian P. Whately, an employee of Darcco Environmental, Inc., was among those sentenced in 2004 following a federal investigation into the illegal practice.
The investigation, conducted by the Environmental Protection Agency’s (EPA) Criminal Investigation Division, uncovered a conspiracy orchestrated by Edward Nunez, owner of Air Analytics, a federally accredited asbestos abatement training provider. Between August 2000 and June 2002, Nunez allegedly provided training certificates to Darcco Environmental, owned by Carter, for employees who had *not* completed the required EPA-approved asbestos abatement training. Darcco then utilized these false credentials to perform asbestos abatement work, putting workers and the public at risk of exposure to the dangerous substance.
Whately, along with fellow Darcco employee Brown, actively participated in the deception. After performing work based on the fraudulent certifications, Whately and Brown allegedly attempted to extort money from Carter, threatening to report his purchase of the bogus certificates to federal authorities if he did not comply with their demands. This brazen attempt at blackmail further compounded the severity of the crimes.
The case unfolded swiftly after initial charges were filed on October 16, 2003. All four defendants – Nunez, Carter, Whately, and Brown – were charged with conspiracy (18 U.S.C. 371) and making materially false statements (18 U.S.C. 1001, relating to violations of the Toxic Substances Control Act – TSCA, 15 U.S.C. 2646). Whately and Brown faced additional charges of extortion (18 U.S.C. 873). Each defendant subsequently pleaded guilty to at least one count of the indictment.
Sentencing & Penalties
The sentencing phase, completed in April 2004, saw varied penalties handed down. Nunez and Carter each received 12 months of probation, a $2,500 criminal fine, and a $100 special assessment. Brown received a sentence of time served (3 months), followed by 24 months of probation and a $100 special assessment. Whately received 24 months of probation, with the first four months to be served under home detention, along with a $100 special assessment. While the penalties may appear lenient, the EPA emphasized the importance of prosecuting individuals who deliberately circumvent safety regulations and endanger public health.
Key Facts
- Defendant: Adrian P. Whately
- Location: Oviedo & Jacksonville, Florida
- Years Active: 2000-2002
- Statutes Violated: 18 U.S.C. 1001, 18 U.S.C. 371, 18 U.S.C. 873, 15 U.S.C. 2646 (TSCA)
- Scheme: Purchase of fraudulent asbestos abatement training certificates.
- Extortion: Whately & Brown attempted to blackmail Carter.
This case serves as a stark reminder of the importance of rigorous training and adherence to regulations in the asbestos abatement industry. Improper handling of asbestos can lead to severe health problems, including lung cancer and mesothelioma, and the EPA remains committed to pursuing those who prioritize profit over public safety.
Source: EPA ECHO Enforcement Case Database
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