UTICA, NY – A multi-year scheme to illegally dump tons of asbestos-contaminated construction and demolition debris into a sensitive wetland area in Frankfort, New York, has concluded with the final sentencing of John A. Deck, a key figure in the conspiracy. The operation, spanning five years, involved the fraudulent transport of pulverized waste from New Jersey facilities and the fabrication of a New York State Department of Environmental Conservation (DEC) permit to conceal the illegal activity.
Federal prosecutors revealed that Deck and his co-conspirators systematically filled a 28-acre property bordering the Mohawk River with at least 400 truckloads of debris, much of which was deposited directly into or adjacent to waters of the United States. The scheme was uncovered by law enforcement just months after it began, but not before substantial environmental damage had been inflicted. Investigators discovered the dumped material contained hazardous asbestos, posing significant health risks to the surrounding community.
Forged Documents and Cover-Up
The conspiracy extended beyond the illegal dumping itself. To evade detection, the group meticulously forged a DEC permit, falsely indicating authorization for the dumping activity. The fabricated document included a forged signature of a DEC official, a brazen attempt to mislead regulators and continue the operation undetected. When the EPA and DEC began investigating, Julius DeSimone, another conspirator, admitted to lying to federal agents in an effort to further cover up the crimes.
Sentencing and Restitution
The culmination of the investigation saw multiple individuals sentenced for their involvement. Donald Torriero received a 36-month prison sentence and 36 months of probation, along with a requirement to pay restitution. Julius DeSimone received 60 months probation, including six months of home confinement, and was also ordered to contribute to the cleanup costs. Most recently, on August 29, 2013, John A. Deck was sentenced to 15 months in prison and ordered to pay $492,000 in restitution. The total restitution amount is jointly and severally held, meaning each defendant is liable for the full amount.
Legal Ramifications and Environmental Impact
The defendants were convicted of violating several federal statutes, including Title 18 U.S. Criminal Code, specifically 18 U.S.C. 371 (conspiracy), 42 U.S.C. 7413(c)(4) and 33 U.S.C. 1319 (violations of the Clean Water Act), and 18 U.S.C. 1343 (wire fraud). Penalties ranged from probation and restitution to significant prison sentences, underscoring the severity of the offenses. The illegal dumping not only damaged the fragile wetland ecosystem but also created a potential public health hazard due to the presence of asbestos, a known carcinogen.
Multi-Agency Investigation
The successful prosecution was the result of a collaborative effort involving the New York State Environmental Conservation Police, the EPA’s Criminal Investigation Division, the Internal Revenue Service, the New Jersey State Police Office of Business Integrity Unit, the New Jersey Department of Environmental Protection, and the Ohio Department of Environmental Protection. The case was prosecuted by Assistant U.S. Attorney Craig A. Benedict of the Northern District of New York, and Trial Attorneys Todd W. Gleason and Gary Donner of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Key Facts:
- Defendant: John A. Deck, along with multiple co-conspirators
- Crime: Illegal dumping of asbestos-contaminated construction debris
- Location: Frankfort, New York
- Years Active: Approximately 2008-2013
- Amount of Waste: At least 400 truckloads
- Fraudulent Activity: Forged DEC permit
- Laws Violated: 18 U.S.C. 371, 42 U.S.C. 7413(c)(4), 33 U.S.C. 1319, 18 U.S.C. 1343
- Restitution: $492,000 (jointly and severally)
Source: EPA ECHO Enforcement Case Database
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