Danny Lee Spitler, Asbestos Fraud, VA 2003

Staunton, VA – In a case highlighting egregious disregard for worker safety and environmental regulations, Danny Lee Spitler was sentenced in June 2003 following a federal investigation into illegal asbestos abatement practices. Spitler, along with several co-defendants and a real estate company, knowingly exposed vulnerable workers to dangerous asbestos fibers while removing the material from two prominent Staunton buildings, the Masonic and Towne Centre.

The scheme, uncovered by the Environmental Protection Agency (EPA) and pursued through the Department of Justice, involved hiring individuals – including members of the homeless community – to perform the hazardous work without providing any safety training, protective gear, or even informing them of the presence of asbestos. Workers were tasked with stripping asbestos insulation from pipes and boilers, releasing microscopic fibers into the air. These fibers, when inhaled, are known to cause debilitating and often fatal diseases, including lung cancer and mesothelioma.

Federal prosecutors detailed how Spitler conspired with others – identified as Klein and Davold – to deliberately cut corners and maximize profits at the expense of worker health and public safety. Davold Real Estate, the owner of the buildings, was also implicated in the scheme. The defendants knowingly violated federal law, prioritizing financial gain over the well-being of those performing the dangerous work.

Legal Ramifications

Spitler pled guilty to one count of conspiracy, a violation of 18 U.S.C. 371, and was sentenced to nine months of probation. However, the penalties escalated for his co-defendants. Klein pled guilty to 30 counts of violating the Clean Air Act (42 U.S.C. 7413(c)(1) – knowingly violates), receiving a 36-month supervised release, 12 months of incarceration, and a $25,000 federal fine. Davold Real Estate was found guilty of one count of conspiracy and 27 counts of violating the CAA, resulting in a 24-month probation period and a hefty $200,000 federal fine. Weiss also pled guilty to one count of conspiracy and 27 counts of violating the CAA, receiving 24 months incarceration, 36 months supervised release and a $2,000 federal fine.

A Pattern of Neglect

The EPA’s criminal enforcement case revealed a systemic pattern of neglect and a calculated effort to avoid the costs associated with proper asbestos abatement. Legitimate asbestos removal requires specialized training, protective equipment (including respirators and protective suits), and adherence to strict regulations regarding containment and disposal. By circumventing these requirements, the defendants exposed workers and potentially the public to significant health risks.

Key Facts

• Defendant: Danny Lee Spitler, along with Klein, Davold and Davold Real Estate, and Weiss
• Location: Staunton, Virginia
• Year: 2003
• Crime: Illegal asbestos abatement and worker endangerment
• Statutes Violated: 18 U.S.C. 371 (Conspiracy) and 42 U.S.C. 7413(c)(1) (Clean Air Act violation – knowingly violates)
• Penalties: Ranging from 9 months probation to 24 months incarceration, supervised release, and fines totaling $227,000.
• Victims: Vulnerable workers, including homeless individuals, were exposed to dangerous asbestos fibers without protection or knowledge.

This case serves as a stark reminder of the importance of environmental enforcement and the severe consequences for those who prioritize profit over the health and safety of others. The EPA continues to investigate and prosecute similar violations nationwide, aiming to protect communities from the dangers of hazardous materials.

Source: EPA ECHO Enforcement Case Database

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