Buffalo, NY – Henry N. Hawkins Jr., 45, was sentenced to one year of probation on June 24, 2014, for his role as an accessory after the fact in a scheme to falsify asbestos abatement records at the Kensington Towers apartment complex. The sentencing, handed down by U.S. Magistrate Judge Jeremiah J. McCarthy, marks the first conviction in a broader investigation into fraudulent practices surrounding the project.
Hawkins, employed by JMD Environmental, Inc. as an air sampling technician and project monitor, held certifications from the New York State Department of Health for asbestos-related work. Between June 2009 and January 2010, Johnson Contracting of WNY, Inc., along with principals Ernest Johnson and Rai Johnson, were contracted to remove asbestos from six buildings within the Kensington Towers complex. The investigation revealed a systematic effort to cut corners and misrepresent the completion of asbestos abatement, potentially endangering residents and violating federal regulations.
The core of the fraud centered around daily project logs maintained by Rai Johnson, documenting the asbestos removal progress. Following the abatement of building B-2, Johnson falsely certified in these logs that all asbestos-containing materials had been removed from the boiler room. Despite knowing this claim was untrue – asbestos remained – Hawkins conducted a visual inspection and issued a *satisfactory* report. This deliberate act constituted his role as an accessory after the fact to Johnson’s false statement, effectively covering up the incomplete and hazardous work.
Expanding Investigation
Hawkins is not the only individual facing consequences for the Kensington Towers debacle. The U.S. Attorney’s Office has secured convictions against other JMD project monitors – Evan Harnden, Chris Coseglia, and Brian Scott – as well as former and current public officials including Donald Grzebielucha, William Manuszewski, and Theodore Lehmann. These individuals were responsible for verifying the project’s adherence to environmental regulations, and their involvement suggests a widespread pattern of negligence and potential corruption.
Legal Ramifications
Hawkins was originally charged on August 3, 2011, with violating Title 18 U.S. Criminal Code, Section 3 – Accessory After the Fact. He subsequently pleaded guilty on December 4, 2012. While the charge is a misdemeanor, the case highlights the EPA’s commitment to prosecuting individuals who knowingly participate in environmental crimes, even if their direct involvement is secondary. The penalties for violating 18 U.S.C. 3 can include fines and imprisonment, though Hawkins received a sentence of one year’s probation.
Key Facts
- Defendant: Henry N. Hawkins Jr.
- Crime: Accessory After the Fact to a False Statement under the Clean Air Act
- Location: Buffalo, New York
- Year: 2014
- Co-conspirators: Johnson Contracting of WNY, Inc., Ernest Johnson, Rai Johnson, and other JMD and government officials.
- Statute Violated: 18 U.S.C. § 3
- Sentence: One year probation
The investigation was a collaborative effort between the U.S. Environmental Protection Agency’s Criminal Investigation Division, the Federal Bureau of Investigation, the U.S. Department of Housing and Urban Development’s Office of Inspector General, and the New York State Department of Environmental Conservation Police, with additional assistance from the New York State Department of Labor. The case serves as a stark reminder of the potential dangers of asbestos exposure and the importance of rigorous oversight in environmental remediation projects.
Source: EPA ECHO Enforcement Case Database
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