Brooklyn, NY – Isaac Rubenstein was sentenced in 2003 following a 2002 indictment for knowingly exposing individuals to dangerous asbestos-containing materials (ACM) during a property renovation in New York. The case, prosecuted by the Environmental Protection Agency (EPA) and detailed in court records, reveals a deliberate disregard for both environmental regulations and worker safety.
The criminal activity stemmed from a 49-year lease agreement between PHILRUB Realty, owned by Isaac’s father, Marvin Rubenstein, and RD Management Corporation, a self-storage company. Prior to RD Management taking possession of the warehouse property, Marvin Rubenstein promised to address existing environmental hazards, specifically the presence of ACM throughout the building. However, instead of employing proper asbestos abatement procedures, he directed his son, Isaac, to oversee a hazardous and illegal removal operation.
According to court documents, Isaac Rubenstein hired workers, including day laborers, and instructed them to remove the ACM *without* employing crucial safety measures such as water suppression or personal protective equipment. This reckless approach released asbestos fibers into the air, creating a significant health risk for the workers and potentially the surrounding community. The EPA’s investigation revealed a clear pattern of intentional non-compliance with federal regulations designed to protect public health and the environment.
Legal Ramifications
The Rubensteins were each charged with one count of conspiracy, violating 18 U.S.C. 371, and one count of violating the Clean Air Act (CAA), specifically 42 U.S.C. 7412(a). Following a trial, both father and son were found guilty on all counts. The sentencing reflected the severity of the offenses. Isaac Rubenstein received a 12-month and one-day prison sentence, followed by 36 months of probation. He was also ordered to pay a $7,500 federal fine and $10,000 in restitution.
Stricter Penalties for Marvin Rubenstein
Marvin Rubenstein faced a harsher penalty, receiving an 18-month prison sentence and 36 months of probation. In addition to a $200 special assessment fee, he was ordered to pay $10,000 in restitution *per known victim*, totaling $30,000, and a substantial $75,000 federal fine. The significantly higher penalties levied against Marvin Rubenstein suggest the court viewed him as the primary instigator of the criminal activity and responsible for the larger-scale endangerment.
Key Facts
- Defendant: Isaac Rubenstein & Marvin Rubenstein
- Crime: Illegal asbestos removal and violations of the Clean Air Act
- Location: New York, NY
- Year: 2004 (Indictment 2002, Sentencing 2003)
- Statutes Violated: 18 U.S.C. 371, 42 U.S.C. 7412(a)
- Penalties: Isaac Rubenstein – 12 months + 1 day incarceration, $7,500 fine, $10,000 restitution. Marvin Rubenstein – 18 months incarceration, $75,000 fine, $30,000 restitution.
- Method: Instructed workers to remove ACM without safety precautions.
This case serves as a stark reminder of the dangers of asbestos and the critical importance of adhering to environmental regulations. The EPA continues to aggressively pursue criminal enforcement actions against those who knowingly endanger public health and the environment through illegal asbestos handling and disposal practices.
Source: EPA ECHO Enforcement Case Database
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