Cheektowaga, NY – A series of guilty pleas and sentencing concluded in 2006, revealing a pattern of negligence and falsification surrounding asbestos abatement work at the former Westinghouse facility in Cheektowaga, New York. The case, investigated by the Environmental Protection Agency (EPA) and pursued through the Department of Justice, exposed systemic failures in safety protocols and a deliberate attempt to mislead authorities regarding hazardous material handling.
Corey Seamon, an asbestos handler for USA Remediation (USAR), was among several individuals and the company itself implicated in the scheme. Seamon was initially charged on September 9, 2002, with two counts of making false declarations before a grand jury, a violation of 18 U.S.C. 1623. This charge stemmed from alleged misrepresentations made during testimony related to the asbestos removal process. The investigation revealed that USAR, contracted to remove the dangerous material, allegedly failed to adhere to proper safety procedures, releasing hazardous asbestos fibers into the ambient air.
The scope of the violations extended beyond Seamon. Former Health and Safety Officer for CEM, Toner, faced eleven counts of violating the Clean Air Act (42 U.S.C. 7413(c)(4)), which prohibits the negligent release of hazardous air pollutants. Project Supervisor Jamieson was charged with twelve counts of knowingly violating the Clean Air Act (42 U.S.C. 7413), indicating a more active role in the alleged misconduct. Foreman Birmingham was charged with one count of violating the CAA, and USAR itself faced both CAA violations and a charge of conspiracy, under 18 U.S.C. 371, suggesting a coordinated effort to circumvent regulations.
Over the course of several years, the defendants entered pleas and received sentencing. Birmingham was the first to admit guilt on February 28, 2003, and ultimately received a 30-month prison sentence, followed by 36 months of probation, and a $100 special assessment fee. Jamieson followed suit on August 3, 2005, receiving a 26-month incarceration term and 24 months of probation, also with a $100 assessment. USAR, facing the most substantial penalties, pleaded nolo contendere on February 10, 2006, and was sentenced to 36 months probation, a $500,000 federal fine, and an $800 special assessment.
Seamon ultimately pled guilty on August 30, 2006, and was sentenced to eight months in prison, 24 months of probation, and a $100 special assessment fee. Toner, pleading guilty on September 15, 2006, received a lighter sentence of seven months incarceration, 12 months probation, a $1,000 federal fine, and a $25 special assessment. While individual sentences varied, the case underscores the EPA’s commitment to enforcing the Clean Air Act and holding accountable those who endanger public health through improper asbestos handling.
Key Facts
- Defendant: Corey Seamon, along with Toner, Jamieson, Birmingham, and USA Remediation
- Location: Former Westinghouse facility, Cheektowaga, New York
- Statutes Violated: Clean Air Act (42 U.S.C. 7413, 42 U.S.C. 7413(c)(4)), 18 U.S.C. 1623, 18 U.S.C. 371
- Penalties: Sentences ranged from 7 to 30 months incarceration, probation periods from 12 to 36 months, and fines totaling $500,825.
- Nature of Crime: Negligent and knowingly releasing asbestos during abatement, false statements to authorities, and conspiracy.
- Year of Resolution: 2006
GrimyTimes will continue to follow environmental crime cases and provide updates as they develop.
Source: EPA ECHO Enforcement Case Database
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