BOSTON, MA – A former Everett pest control operator has been sentenced for illegally applying dangerous pesticides inside homes, including on children’s furniture, and for misleading federal investigators. Josimar Ferreira, 37, owner of the now-defunct TVF Pest Control, Inc., pleaded guilty in September 2011 to federal charges stemming from his practices between 2007 and 2010.
According to court documents, Ferreira falsely advertised a “special” bed bug eradication mixture to his clients, claiming it was safe for indoor use. However, the mixture contained Malathion, a registered pesticide with the Environmental Protection Agency (EPA), but explicitly *not* approved for indoor application. Investigators found evidence that Ferreira routinely sprayed Malathion directly onto indoor surfaces, including mattresses, bed frames, baseboards, closets, furniture, and disturbingly, even a baby’s crib.
The scheme came to light following an investigation by the EPA’s Criminal Investigation Division, in conjunction with the Massachusetts Department of Agricultural Resources. The investigation revealed a pattern of deliberate disregard for both public health and federal regulations. Ferreira not only endangered his clients through the improper application of a toxic substance, but also compounded the offense by providing false statements to federal agents during the inquiry.
Timeline of Events
On July 30, 2010, Ferreira was initially charged with sixteen counts of violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) – specifically 7 U.S.C. §136j(a)(2)(G), which prohibits the use of registered pesticides in a manner inconsistent with their labeling – and one count of making false statements in violation of 18 U.S.C. §1001. He initially faced a potential prison sentence of up to five years, followed by three years of supervised release, and a fine of up to $250,000.
However, on November 30, 2011, U.S. District Judge Joseph L. Tauro handed down a considerably lighter sentence: 24 months of probation, with the first four months to be served under home confinement with electronic monitoring, and a $3,000 fine. As a condition of his probation, Ferreira was also required to comply with a prior order from the Massachusetts Department of Agricultural Resources. The reduced sentence has drawn scrutiny from some, given the potentially severe health consequences of Malathion exposure, particularly for vulnerable populations like infants and young children.
Key Facts
- Defendant: Josimar Ferreira
- Company: TVF Pest Control, Inc.
- Location: Everett, Massachusetts
- Years Active: 2007 – 2010
- Pesticide Used: Malathion (applied indoors despite being prohibited)
- Laws Violated: 7 U.S.C. §136j(a)(2)(G) (FIFRA), 18 U.S.C. §1001 (False Statements)
- Sentence: 24 months probation, 4 months home confinement, $3,000 fine
United States Attorney Carmen M. Ortiz emphasized the seriousness of the offense, stating that reckless use of pesticides is “unacceptable and will not be tolerated.” The EPA’s Special Agent in Charge, Michael E. Hubbard, echoed this sentiment, affirming the agency’s commitment to aggressively investigate and prosecute those who endanger the public by illegally using dangerous chemicals. This case serves as a stark reminder of the importance of adhering to pesticide labeling regulations and the potential consequences of prioritizing profit over public safety.
Source: EPA ECHO Enforcement Case Database
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