Fremont, NH – A New Hampshire homebuilder and his nephew were sentenced in October 2009 for perpetrating a scheme to deceive state inspectors regarding a faulty well installation, a case that highlights the lengths to which individuals will go to avoid compliance with environmental regulations. The case, uncovered during a routine inspection, involved the installation of a fake wellhead designed to conceal an existing well dangerously close to a septic system.
The fraud came to light in August 2008 when a state inspector, while reviewing a new drinking water well installation at a Fremont residence, discovered the ruse. Property owner Robert Fraiser had been mandated to install a new well after authorities determined his existing water source posed a health risk due to its proximity to sewage lines. Rather than comply, Fraiser, a local builder, conspired with his nephew, Brett P. Berube, to fabricate a superficial wellhead – essentially a cosmetic cover – over the original, compromised well.
The intention was clear: to mislead the inspector and continue using the existing, unsafe well. According to court documents, Fraiser and Berube purchased well casing and a new well cap specifically for this deceptive installation. Following the inspection, Fraiser further compounded the crime by providing false statements to investigators about his involvement and knowledge of the fraudulent setup. The scheme ultimately unraveled, leading to charges being filed in June 2009.
Legal Ramifications
Both Fraiser and Berube were charged with multiple misdemeanor counts under New Hampshire state law. Specifically, they pled guilty to violations of RSA 485-A:29 I and RSA 485-A:43 I, pertaining to the state’s sewage disposal system regulations. Berube and Fraiser were also charged with RSA 641:2 II(d) for unsworn falsification, and RSA 629:2 I and 485-A:30-b I for criminal solicitation related to the conspiracy. The charges reflect not only the environmental violation but also the deliberate attempt to obstruct and mislead authorities.
Sentencing and Penalties
In October 2009, both men received a six-month incarceration sentence. In addition to jail time, both Fraiser and Berube were ordered to pay a $2,000 fine to the state. The penalties underscore the seriousness with which New Hampshire treats violations of its environmental laws, especially those involving public health and safety. The case serves as a warning to others considering similar schemes.
Key Facts
- Defendant: Brett P. Berube and Robert Fraiser
- Location: Fremont, New Hampshire
- Year of Offense: 2008
- Crime: Fraudulent well installation and false statements
- Statutes Violated: RSA 485-A:29 I, RSA 629:2, RSA 641:2II(d), RSA 4850A:43, RSA 485-A:30b
- Penalty: 6 months incarceration and $2,000 fine per defendant
GrimyTimes will continue to follow cases of environmental crime and hold those who endanger public health accountable.
Source: EPA ECHO Enforcement Case Database
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