A federal grand jury in the Western District of New York has returned a superseding indictment charging David Vega and Francis Rowe, along with Keith Gordon-Smith, the owner of Gordon-Smith Contracting, Inc., with committing violations of the Clean Air Act.
The indictment supersedes an earlier indictment returned by the grand jury in June 2009, against Keith Gordon-Smith, charging him with numerous violations of the Clean Air Act, submitting false statements and obstruction of justice.
The superseding indictment now also charges Gordon-Smith’s company with the same criminal violations. In addition, the superseding indictment charges Francis Rowe with submitting a false statement in an effort to obtain a court-appointed attorney.
The charges stem from allegations that Gordon-Smith, Gordon-Smith Contracting, Vega and Rowe directed and caused workers to illegally remove and dispose of asbestos during the demolition of the Genesee Hospital complex in Rochester, N.Y.
The Clean Air Act requires contractors who remove asbestos from public buildings to follow federally-established work practice standards to ensure the safe removal of the asbestos.
The required standards include providing notice to the U.S. Environmental Protection Agency (EPA) before commencing asbestos removal, adequately wetting the asbestos during the removal and before disposal, and properly disposing of the asbestos at an EPA-approved disposal site.
If convicted, Gordon-Smith, Vega and Rowe could each be punished by up to five years in prison as well as a criminal fine of up to $250,000 for each count.
Gordon-Smith Contracting could be subject to a criminal fine of the greater of $500,000 or twice the gain obtained by the company or suffered by any victims as a result of the crimes, for each count.
The U.S. Attorney’s Office for the Western District of New York has established a page on its Web site at http://www.usdoj.gov/usao/nyw to provide information for potential victims who may have been harmed as a result of the alleged crimes.
The case is being prosecuted by the U.S. Attorney’s Office for the Western District of New York and the Justice Department’s Environmental Crimes Section. The case was investigated by the EPA Criminal Investigation Division and the U.S. Department of Labor Office of the Inspector General.
Defendant: Gordon-Smith Contracting, Inc.
Criminal Charges: Violations of the Clean Air Act, submitting false statements and obstruction of justice.
City and State: Rochester, New York.
Date: Between June 2007 and April 2009.
Sentence: Up to five years in prison and a fine of up to $250,000 for each count. Gordon-Smith Contracting could be subject to a criminal fine of the greater of $500,000 or twice the gain obtained by the company or suffered by any victims as a result of the crimes, for each count.
Dollar Amounts: $500,000, $250,000.
Related Federal Cases
- Letitia James, False Claims Act Violation, New York 2023 · District of Columbia
- David Roberts, Environmental Protection Act Violation, New York 2023 · Washington
- Edward Mullins, Embezzlement, New York 2023 · Hawaii
- Perry Joyner, Bribery and Attempted Assault, New York 2020 · Washington
- Maximiliano Davila Perez, Cocaine Trafficking, New York 2024 · Oregon
Key Facts
- State: New York
- Category: Public Corruption
- Source: DOJ Press Release â†â€â€
ðŸâ€Â’ Get the grimiest stories delivered weekly. Subscribe free →
MORE FEDERAL CRIME NEWS
Public CorruptionPublic CorruptionPublic CorruptionPublic Corruption