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Nicole Copeland, Mail Fraud, New York 2011

Utica, NY – In a shocking turn of events, a federal jury in Utica, New York has found Certified Environmental Services Inc. (CES), a company that specializes in asbestos air monitoring and laboratory testing, guilty of conspiring to violate the Clean Air Act, committing mail fraud, and defrauding the United States.

The jury also found two of CES’s managers, Nicole Copeland and Elisa Dunn, and one of its employees, Sandy Allen, guilty of the same charges. The defendants were also convicted of violating the Clean Air Act and mail fraud.

CES and Elisa Dunn were also found guilty of making false statements to federal law enforcement authorities.

The indictment alleges that CES and some of its high-ranking employees, along with Aapex Environmental and Paragon Environmental (companies that specialize in asbestos removal and have already pleaded guilty), conspired for nearly a decade to falsify laboratory results used to prove that asbestos removal had been done correctly.

On numerous occasions, the asbestos removal companies made it appear that homes, schools, and other buildings were free of asbestos contamination when in fact, they still contained asbestos residues. The property owners did not know that additional asbestos remained due to the sloppy work of asbestos removal because the air quality reports were falsified by CES and its supervisors and employees.

As a result of the false laboratory reports, people living in these buildings were exposed to asbestos, putting them at risk of developing cancer and other asbestos-related diseases. EPA investigators have notified the property owners of the asbestos problem so that they can undertake the necessary cleaning.

CES faces a possible maximum fine of $7.5 million and restitution to all victims. Nicole Copeland faces a possible maximum sentence of 110 years in prison and a fine of $3,000,000. Elisa Dunn faces a possible maximum sentence of 40 years in prison and a fine of $1,250,000. Sandy Allen faces a possible maximum sentence of 50 years in prison and a fine of $1,000,000.

A sentencing hearing is scheduled for February 25, 2011, at 10 a.m. in Utica, NY, before Judge David N. Hurd.

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