Buffalo, NY – Henry N. Hawkins Jr., 45, was sentenced to one year of probation on June 24, 2014, after pleading guilty to being an accessory after the fact to a false statement made under the Clean Air Act. The sentencing stems from a complex case involving fraudulent asbestos abatement practices at the Kensington Towers Apartment Complex in Buffalo, New York. Hawkins’ role involved knowingly signing off on inspections despite evidence of incomplete asbestos removal, effectively covering up violations committed by others.
According to court documents, Hawkins was employed by JMD Environmental, Inc. as an air sampling technician and project monitor, holding certifications from the New York State Department of Health to oversee asbestos projects. Between June 2009 and January 2010, Johnson Contracting of WNY, Inc., along with principals Ernest and Rai Johnson, were contracted to remove asbestos from six buildings within the Kensington Towers complex. Rai Johnson falsified daily project logs, claiming complete asbestos removal from the boiler room of building B-2 when, in fact, significant amounts remained.
On August 25, 2009, Hawkins conducted a visual inspection of the boiler room. Despite being aware that asbestos hadn’t been fully removed, he issued a satisfactory inspection report. This act, prosecutors argued, directly aided in concealing the false statements made by the Johnson defendants, making him an accessory after the fact. The falsified documentation was crucial for demonstrating compliance with environmental regulations and potentially securing further contracts.
Investigation and Broader Case
Hawkins is the first defendant to be sentenced in connection with the Kensington Towers project. The investigation, a collaborative effort between the U.S. Environmental Protection Agency (EPA) Criminal Investigation Division, the Federal Bureau of Investigation (FBI), the U.S. Department of Housing and Urban Development (HUD) – Office of Inspector General, and the New York State Department of Environmental Conservation Police, has uncovered a pattern of systemic fraud. Several other individuals, including JMD project monitors Evan Harnden, Chris Coseglia, and Brian Scott, as well as public officials Donald Grzebielucha, William Manuszewski, and Theodore Lehmann, have also been convicted in relation to the scheme.
Legal Ramifications
Hawkins was originally charged on August 3, 2011, with violating Title 18 U.S. Criminal Code, specifically 18 U.S.C. §3 – Accessory after the fact. This statute carries a maximum penalty of the same as the underlying offense. While the primary offenses related to the Clean Air Act violations carry potentially substantial fines and imprisonment, Hawkins received a lighter sentence of one year probation due to his role as an accessory. The case highlights the EPA’s commitment to pursuing not only those directly responsible for environmental crimes but also those who enable and conceal them.
Key Facts
- Defendant: Henry N. Hawkins Jr., 45, of Buffalo, NY
- Charge: Accessory after the fact to a false statement under the Clean Air Act (18 U.S.C. §3)
- Location: Kensington Towers Apartment Complex, Buffalo, NY
- Co-conspirators: Johnson Contracting of WNY, Inc., Ernest Johnson, and Rai Johnson
- Sentence: One year of probation
- Agencies Involved: EPA-CID, FBI, HUD-OIG, NYS DEC Police
The investigation remains ongoing, and authorities indicate they are continuing to review the practices surrounding asbestos abatement projects in the Buffalo area to ensure public safety and environmental compliance. The case serves as a stark reminder of the dangers of asbestos exposure and the importance of rigorous oversight in environmental remediation.
Source: EPA ECHO Enforcement Case Database
Related Federal Cases
- Willie Mitchell, Bank Fraud, Phoenix AZ, 2023 · Arizona
- Dr. John Doe Sentenced to 2+ Years for Bribery, O.C. CA, 2024 · New York
- Ex-Chairman John Smith, Ran $250M Securities Fraud Scheme, New York… · New York
- Robert Lee, Lying to Federal Investigators, South Florida, 2023 · New York
- Emily Johnson, Wire Fraud, New York, 2023 · Alaska
