David Dieu Nuyen, Lead Hazard Fraud, MD 2002

Baltimore, MD – David Dieu Nuyen was sentenced to 24 months in federal prison and ordered to pay a $50,000 fine after pleading guilty to violating the Toxic Substances Control Act (TSCA) and making false statements to federal officials. The case, originating in 2001, revealed a pattern of concealing known lead-based paint hazards from tenants in Maryland properties owned by Nuyen.

The Environmental Protection Agency’s (EPA) criminal enforcement investigation uncovered that Nuyen deliberately failed to inform renters about the presence of lead-based paint and the associated health risks, a direct violation of federal law. This failure put numerous families, particularly young children, at risk of lead poisoning, a serious health concern with long-term developmental consequences.

The initial indictment on March 14, 2001, charged Nuyen with 14 counts of making false statements (18 U.S.C. 1001) and one count of obstruction of proceedings (18 U.S.C. 1505). These charges stemmed from Nuyen’s attempts to cover up his failure to comply with TSCA regulations. Further investigation led to additional charges of mortgage fraud, also under 18 U.S.C. 1001, filed on July 10, 2001. The core of the case, however, centered on the July 11, 2001 charge filed in the District of Columbia, specifically addressing the TSCA violation (15 U.S.C. 2615).

Prosecutors detailed how Nuyen actively misrepresented information to investigators, attempting to mislead them about his knowledge and actions regarding lead paint disclosures. This deliberate deception was crucial to understanding the severity of the offense, transforming it from a simple regulatory breach into a criminal act. The government argued that Nuyen prioritized profit over the health and safety of his tenants.

Nuyen’s guilty plea on July 26, 2001, signaled a shift in the legal proceedings. While initially facing multiple charges, the plea agreement focused on the TSCA violation, acknowledging the significant harm caused by his negligence. The sentencing on March 13, 2002, reflected the seriousness of the crime, with the judge imposing a 24-month prison term, a 36-month probation period following release, and the hefty $50,000 federal fine.

This case serves as a stark reminder of the EPA’s commitment to prosecuting those who knowingly endanger public health for financial gain. The penalties associated with TSCA violations, including significant fines and imprisonment, are designed to deter landlords and property owners from neglecting their responsibility to protect tenants from the dangers of lead-based paint.

Table of Contents

Key Facts

Defendant: David Dieu Nuyen
State: Maryland
Year: 2002
Statutes Violated: 15 U.S.C. 2615 (TSCA), 18 U.S.C. 1001 (False Statements), 18 U.S.C. 1505 (Obstruction)
Penalty: 24 months incarceration, 36 months probation, $50,000 fine
Crime: Failure to notify tenants of lead-based paint hazards and subsequent false statements to federal officials.

GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

Related Federal Cases