Denver, CO – A Denver man has been sentenced to federal prison for his role in a scheme to provide fraudulent asbestos abatement certifications and immigration documents, potentially exposing Denver residents to dangerous asbestos levels. Francisco (Javier) Rodriguez-Torres, 42, was sentenced on March 26, 2013, after pleading guilty to multiple federal charges stemming from a two-year investigation initiated in April 2011.
The case began when officials with the Colorado Department of Public Health and Environment (CDPHE) received information indicating that asbestos abatement workers were operating with falsified credentials. A subsequent investigation revealed Rodriguez-Torres was allegedly producing and distributing counterfeit Asbestos Certification Cards, Legal Permanent Resident Cards (Green Cards), and asbestos training certificates from a Denver car wash. These fraudulent documents allowed unqualified individuals to work in the asbestos abatement industry, raising significant public health concerns.
Asbestos abatement is a highly regulated field due to the severe health risks associated with asbestos exposure, including lung cancer, mesothelioma, and asbestosis. The CDPHE’s asbestos program is EPA-authorized and receives partial funding from the Environmental Protection Agency, making the integrity of its certifications paramount. Investigators determined that multiple workers in the Denver area possessed these fraudulent documents, suggesting a widespread operation targeting the construction and renovation industries.
Joint Investigation
The EPA’s Criminal Investigation Division (CID) partnered with Immigration and Customs Enforcement (ICE), Homeland Security Investigations, to build a case against Rodriguez-Torres. The investigation revealed that Rodriguez-Torres was knowingly possessing and transferring these fraudulent identification documents. The scope of the operation and the number of fraudulent documents distributed remain under investigation, though authorities believe the scheme was motivated by financial gain.
Legal Ramifications & Sentencing
On August 22, 2012, Rodriguez-Torres was formally charged with three federal offenses. He ultimately pled guilty on November 29, 2012, to the following:
- 18 U.S.C. § 1028(a)(2) – Knowingly possessing fraudulent identification documents. This charge carries a maximum sentence of 10 years in prison and a fine.
- 18 U.S.C. § 1028(a)(3) – Knowingly transferring fraudulent identification documents. This charge also carries a maximum sentence of 10 years in prison and a fine.
- 18 U.S.C. § 1546(a) – Knowing fraud and misuse of visas, permits, and other documents. This charge carries a maximum sentence of 5 years in prison and a fine.
On March 26, 2013, Rodriguez-Torres received the maximum sentence of 10 months incarceration on each count, to be served concurrently, and was ordered to pay a $400 special assessment. Federal authorities have not yet commented on whether further charges or investigations are anticipated related to individuals who utilized the fraudulent documents.
Key Facts
- Defendant: Francisco (Javier) Rodriguez-Torres
- Location: Denver, Colorado
- Investigation Began: April 2011
- Fraudulent Documents: Asbestos Certification Cards, Legal Permanent Resident Cards, and asbestos training certificates
- Agencies Involved: EPA-CID, ICE, Homeland Security Investigations, CDPHE
- Sentence: 10 months imprisonment, $400 assessment
- Violated Statutes: 18 U.S.C. 1028(a)(2), 18 U.S.C. 1028(a)(3), 18 U.S.C. 1546(a)
Source: EPA ECHO Enforcement Case Database
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