Javier Gerardo Diaz, Identity Theft and Document Falsification, New Mexico 2009

Albuquerque, NM – Javier Gerardo Diaz was sentenced to five years probation and ordered to pay $26,000 in restitution following a guilty plea to multiple counts of identity theft and document falsification, stemming from a complex scheme involving fraudulent asbestos training certifications. The case, investigated by state authorities, exposed a network exploiting undocumented workers and raising concerns about potential public health and safety risks.

Diaz, identified as the ringleader of the operation, allegedly orchestrated the creation and sale of illegitimate asbestos training certificates to workers across Louisiana, Arizona, and New Mexico. These fraudulent certifications allowed individuals to perform asbestos abatement work without the required training, potentially exposing themselves and others to the dangerous substance. The investigation revealed a pattern of identity theft used to support the scheme, with personal information improperly obtained and utilized to create the false documentation.

On January 8, 2009, Diaz entered a guilty plea to four counts of violating state regulations. He had initially been charged with seven counts related to the falsification of asbestos training records and the associated identity theft. The breadth of the operation suggests a deliberate and organized effort to profit from the vulnerabilities of undocumented workers, offering them quick access to employment opportunities at the cost of legitimate safety standards.

The financial impact of Diaz’s crimes extended beyond the immediate victims. The court ordered Diaz to pay $23,335 to the federal government and an additional $2,665 to the State of New Mexico, representing costs associated with the investigation and the potential remediation of improperly performed asbestos abatement work. Authorities have not released details on the number of fraudulent certificates issued or the full extent of the potentially hazardous work conducted by unqualified individuals.

While Diaz avoided a prison sentence, the five-year probationary period and substantial restitution order serve as a warning against similar fraudulent activities. The case highlights the intersection of immigration status, worker safety, and environmental regulations, and underscores the importance of rigorous oversight in industries dealing with hazardous materials. Further investigation is underway to identify any co-conspirators and to assess the long-term consequences of the fraudulent certifications.

Table of Contents

Key Facts

Defendant: Javier Gerardo Diaz
State: New Mexico
Year: 2009
Crime: Identity Theft, Document Falsification, Fraudulent Asbestos Training
Statutes Violated: State environmental regulations (specifics not publicly available)
Penalties: 60 months (5 years) probation, $23,335 restitution to the federal government, $2,665 restitution to the State of New Mexico.
Scope: Scheme involved companies in Louisiana, Arizona, and New Mexico.

GrimyTimes will continue to follow this case and provide updates as they become available.

Source: EPA ECHO Enforcement Case Database

Related Federal Cases