David P. Simmons, Making False Statements, New York 2006

New York, NY – AVALA Contracting, Inc. and three of its employees faced federal charges in 2005 and 2006 for knowingly violating asbestos abatement regulations, resulting in guilty pleas and varying sentences. The case, investigated by the Environmental Protection Agency’s Criminal Investigation Division, exposed a pattern of illegal asbestos removal, storage, and disposal practices employed by the company.

The investigation began after authorities received information suggesting AVALA routinely circumvented proper procedures for handling friable asbestos – a particularly dangerous form of the material. Evidence revealed the company engaged in “dray removal,” a practice where asbestos waste was transported without the required safeguards, increasing the risk of public exposure. Multiple job sites were subsequently inspected, revealing remnants of improperly handled asbestos, confirming the allegations.

David P. Simmons, an employee of AVALA, was initially charged on July 26, 2005, with one count of making false statements before a grand jury or court, a violation of 18 U.S.C. §1623. Simmons ultimately pled guilty on March 13, 2006, and was sentenced to 24 months of probation, alongside a $100 special assessment fee. His colleague, Davis, faced the same charge on July 27, 2005, and also pled guilty, receiving a sentence of four months of home confinement, 36 months of probation, 200 hours of community service, a $100 special assessment fee, and a $2,000 federal fine.

The most significant charge, however, was leveled against Taylor, the asbestos supervisor at AVALA. On November 17, 2005, Taylor was indicted on one count of conspiracy, a violation of 18 U.S.C. §371. Prosecutors alleged Taylor orchestrated the illegal practices, directing employees to disregard safety protocols and falsify records. Taylor pled guilty on January 25, 2006, and received a 14-month prison sentence followed by 36 months of probation, in addition to a $100 special assessment fee.

The case highlights the serious health risks associated with improper asbestos handling. Exposure to asbestos fibers can lead to debilitating and often fatal diseases, including lung cancer, mesothelioma, and asbestosis. The EPA’s enforcement actions underscore the agency’s commitment to holding companies and individuals accountable for endangering public health and violating environmental regulations.

This case serves as a stark reminder that cutting corners on asbestos abatement can have severe consequences, both legally and for the health of the community. The penalties levied against Simmons, Davis, and Taylor, while varying in severity, demonstrate that federal authorities will pursue criminal charges against those who knowingly and illegally handle hazardous materials.

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Key Facts

Defendant(s): David P. Simmons, Davis, Taylor, AVALA Contracting, Inc.
State: New York
Year: 2006
Violated Statutes: 18 U.S.C. §1623 (False Statements), 18 U.S.C. §371 (Conspiracy)
Penalties: Simmons – 24 months probation, $100 fee; Davis – 4 months home confinement, 36 months probation, 200 hrs community service, $2,100 fines; Taylor – 14 months incarceration, 36 months probation, $100 fee.
Crime: Illegal asbestos removal, storage, and disposal.
Company Practice: AVALA Contracting routinely utilized illegal abatement procedures and dray removal of friable asbestos.

Source: EPA ECHO Enforcement Case Database

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