DENVER, CO – A reckless disregard for public safety landed Willmax Capital Management, Inc. and its senior manager in hot water this week. Senior U.S. District Court Judge Lewis T. Babcock handed down sentences for crimes stemming from the illegal release of asbestos during a 2014 renovation at The Overlook at Mile High, a residential complex located at 3190 West 14th Avenue. More than a hundred individuals were exposed to the deadly substance due to the company’s negligence.
Willmax Capital itself will spend five years on probation. But the court didn’t stop there. As a condition of that probation, the company is mandated to fund and fully comply with a medical monitoring program for all those affected by the asbestos exposure. The program will be administered at National Jewish Health in Denver, offering some measure of relief to the victims. A hearing to determine the amount of restitution owed is scheduled for August 7, 2017.
The buck didn’t stop with the corporation. John Tom Williams, 58, of Dallas, Texas – identified as the ultimate decision-maker for the renovation project – received an eight-month federal prison sentence, followed by one year of supervised release. Adding insult to injury, Williams was also slapped with a hefty $100,000 fine. The sentences were announced jointly by the U.S. Attorney’s Office and the Environmental Protection Agency (EPA) Office of Criminal Investigations.
The charges against Willmax Capital and Williams date back to November 16, 2016. Willmax Capital was accused of violating EPA regulations requiring pre-renovation asbestos inspections. Simultaneously, Williams was charged with negligently releasing asbestos into the air, knowingly endangering the lives and well-being of others. Both parties pleaded guilty on December 14, 2016. Court documents reveal Willmax Capital skipped the crucial asbestos inspection before commencing renovations. Williams, according to his plea agreement, was the point person responsible for asbestos abatement and failed to adequately inform his team about potential disturbances.
“EPA did an exceptional job with this investigation and, together with our prosecutor, crafted a resolution that properly punishes dangerous activity at the same time it brings tangible relief to the real people who suffered the asbestos exposure,” stated Acting U.S. Attorney Bob Troyer. Jeffrey Martinez, Special Agent in Charge of EPA’s Criminal Enforcement Program in Colorado, echoed that sentiment, emphasizing the severity of the negligence. “The defendants’ negligence in this case exposed more than 100 people to asbestos and jeopardized their health and safety,” Martinez said. “This plea agreement was negotiated to provide the victims with restitution and medical assistance they would not otherwise have received, and this case serves as a warning that violating rules that protect against public endangerment can have serious consequences.”
The investigation was spearheaded by EPA Office of Criminal Investigations special agents, with prosecution handled by the U.S. Attorney’s Office’s Economic Crimes Section within the Criminal Division. This case stands as a grim reminder: cutting corners on safety regulations, especially when dealing with hazardous materials like asbestos, will bring swift and severe consequences. The victims deserve better, and this outcome, while imperfect, sends a message that corporate greed won’t be tolerated.
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Key Facts
- State: Colorado
- Agency: DOJ USAO
- Category: White Collar Crime
- Source: Official Source ↗
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