Jesus Pacheco-Pina, Smuggling, TX 1997

LAREDO, TX – A Texas man was sentenced to three months in federal prison and three years of supervised probation for illegally smuggling ozone-depleting refrigerant gas into the United States. Jesus Pacheco-Pina, 34, was apprehended in April 1997 after authorities observed him transporting five canisters of CFC-12, commonly known as Freon, from Mexico.

The unusual method of transport caught the attention of border patrol agents. Pacheco-Pina swam across the Rio Grande River, carrying the 30-pound canisters – a total of 150 pounds of the restricted substance – before loading them into a waiting vehicle on the U.S. side. The incident highlights the lengths to which individuals will go to circumvent environmental regulations and profit from illegal trade.

According to court documents, Pacheco-Pina was initially charged in a three-count indictment on April 8, 1997. He faced charges for violating the Clean Air Act (CAA), specifically 42 U.S.C. 7413(c)(1), which prohibits the knowing violation of regulations pertaining to ozone-depleting substances. He was also charged with smuggling, a violation of 18 U.S.C. 545, and conspiracy to commit these offenses, as outlined in 18 U.S.C. 371.

The Environmental Protection Agency (EPA) has been aggressively pursuing cases involving illegal CFCs since the implementation of the Montreal Protocol, an international treaty designed to phase out substances that deplete the ozone layer. While Freon was once widely used in refrigeration and air conditioning, its production and import have been heavily restricted due to its damaging environmental impact. Smuggled Freon often ends up servicing older systems, contributing to continued ozone depletion.

Pacheco-Pina surprisingly pled guilty to all three counts on April 30, 1997, foregoing a trial. On June 4, 1997, Judge George P. Kazen sentenced him to three months of incarceration, followed by 36 months of probation. Notably, no fine was imposed. Legal experts suggest the lack of a financial penalty may be due to the defendant’s limited means or a plea agreement reached with federal prosecutors.

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Key Facts

Defendant: Jesus Pacheco-Pina
Crime: Smuggling of CFC-12 (Freon)
Location: Laredo, Texas
Year: 1997
Method of Smuggling: Swam across the Rio Grande with canisters.
Statutes Violated: 42 U.S.C. 7413(c)(1), 18 U.S.C. 545, 18 U.S.C. 371
Sentence: 3 months incarceration, 36 months probation. No fine.

The case serves as a stark reminder of the ongoing challenges faced by law enforcement in combating environmental crimes, particularly along the U.S.-Mexico border. The EPA continues to work with border patrol and other agencies to intercept illegal shipments of ozone-depleting substances and hold those responsible accountable.

Source: EPA ECHO Enforcement Case Database

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