TAMPA, FL – Three Pinellas County men were convicted and sentenced in 2011 for knowingly mishandling asbestos during the renovation of the Barefoot Beach Resort in Indian Shores, Florida. The case, pursued by the Environmental Protection Agency (EPA) and the Department of Justice, highlighted a blatant disregard for public health and environmental regulations, exposing workers and potentially the public to the dangerous substance.
The investigation revealed that between November 2004 and September 2005, Stephen J. Spencer, Guy Gannaway, and Keith McConnell deliberately circumvented established asbestos work practice standards during the large-scale condominium conversion. Despite repeated warnings from the Pinellas County Air Quality Division and asbestos consultants, the defendants allowed asbestos-containing materials to be disturbed and improperly disposed of, contaminating the construction site and potentially surrounding areas.
Evidence presented at the eleven-day trial included damning photographic evidence depicting widespread asbestos disturbance, materials discarded in regular construction debris dumpsters, and Gannaway Builders, Inc. employees dry-sweeping debris – a practice known to release hazardous asbestos fibers into the air. The prosecution argued that the defendants prioritized cost-cutting measures over the safety of workers and the public, knowingly violating federal regulations designed to mitigate the risks associated with asbestos exposure.
Legal Ramifications & Sentencing
The men were initially indicted in February 2010 on charges including conspiracy to violate the Clean Air Act (CAA) and multiple CAA violations. Gannaway was also charged with making false statements to investigators. Following a jury trial in January 2011, Spencer was convicted on two counts, while Gannaway faced conviction on eight counts. A fourth defendant, John Loder, faced acquittal on five counts, with the jury unable to reach a verdict on the remaining two.
Sentencing varied among the convicted parties. James Roger Edwards pled guilty to being an accessory after the fact and received 12 months of probation. Spencer received a 60-month probation term, a $10,000 fine, and was ordered to deliver 30 hours of community service educating construction and architectural groups about safe asbestos handling practices. Gannaway received the harshest sentence, with 90 days of incarceration, 36 months of supervised release, six months of home detention, and a requirement to participate in 30 hours of community service speaking to contractor organizations.
The Dangers of Asbestos & EPA Response
The case underscores the severe health risks associated with asbestos exposure. Congress has defined asbestos as a hazardous air pollutant, and medical science has definitively established that *no safe level* of exposure exists. Asbestos exposure is linked to debilitating and often fatal respiratory illnesses, including asbestosis, lung cancer, and mesothelioma.
Key Facts
- Defendants: Stephen J. Spencer, Guy Gannaway, Keith McConnell, James Roger Edwards
- Location: Barefoot Beach Resort, Indian Shores, Florida
- Years Active: November 2004 – September 2005
- Statutes Violated: Title 18 U.S. Criminal Code, Clean Air Act (42 U.S.C. 7413, 42 U.S.C. 7413(c)(4), 18 U.S.C. 1001, 18 U.S.C. 3, 18 U.S.C. 371)
- Penalties: Up to five years in federal prison per count, fines, probation, community service, and home detention.
- Investigation: Conducted by the Environmental Protection Agency (EPA) Criminal Investigation Division with assistance from the Florida Department of Law Enforcement.
“These types of crimes have both an immediate and future negative impact on the environment and its citizens,” stated U.S. Attorney Robert O’Neill following the convictions. “Where found, they must be investigated and prosecuted without hesitation.” Maureen O’Mara, Special Agent-in-Charge for the EPA, emphasized the agency’s commitment to holding accountable those who disregard asbestos safety regulations, warning that “anyone who cuts corners…will be prosecuted.”
Source: EPA ECHO Enforcement Case Database
Related Federal Cases
- James Johnson, $100M Ponzi Scheme, Coral Springs FL, 2024 · New Jersey
- James Dean Kayvonfar, Wire and Mail Fraud Scheme, OK, 2023 · Texas
- James Overby, $1.5M Embezzlement, Washington, 2023 · Wisconsin
- James R.J. Scheltema, Tax Evasion, FL 2024 · Georgia
- Jolene M Edwards, Interstate Theft of Savings, PA 2017 · Florida
MORE FEDERAL CRIME NEWS
White Collar CrimeWhite Collar CrimeWhite Collar CrimeWhite Collar Crime