M. Cristo Inc., Accessory After the Fact to False Statement, New York 2018

TROY, NY – Demolition and asbestos abatement company M. Cristo Inc. was slapped with a $10,000 fine in December 2018, following a conviction for accessory after the fact to a false statement made under the Clean Air Act. The case, originating from a 2013 demolition project in Troy, New York, highlights a deliberate attempt to mislead federal regulators regarding the presence of hazardous asbestos materials.

According to court documents, on August 5, 2013, M. Cristo Inc. carried out the demolition of commercial buildings located at 410 King Street. These structures were known to contain regulated asbestos-containing materials. The following day, a company employee completed a mandatory Asbestos NESHAP (National Emission Standards for Hazardous Air Pollutants) Notification of Demolition and Renovation Form. Crucially, this form falsely stated that no asbestos was present at the demolition site.

Further compounding the issue, the employee also improperly marked another section of the form as “not applicable,” evading specific questions regarding the type and location of any asbestos within the buildings. This deliberate misrepresentation was made despite the company’s knowledge that asbestos *was*, in fact, present—a direct violation of federal regulations governing the safe handling and removal of the dangerous substance.

The completed, and demonstrably false, form was then submitted to the United States Environmental Protection Agency (EPA) Region II Office. This act of knowingly filing a false document triggered a criminal investigation, ultimately leading to the conviction on charges relating to accessory after the fact to a false statement. The company’s licensure for asbestos removal and abatement, obtained through the New York State Department of Labor, did not shield it from prosecution.

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Legal Ramifications

M. Cristo Inc. violated Title 18 U.S. Criminal Code, specifically 18 U.S.C. 3, which addresses false statements. The company was penalized with a $10,000 fine. While the charge was for accessory after the fact, the initial false statement regarding asbestos presence carries significant weight due to the severe health risks associated with asbestos exposure. Proper asbestos handling and reporting are paramount to protecting workers and the public from this known carcinogen.

Key Facts

Defendant: M. Cristo Inc.
Location: Troy, New York
Date of Demolition: August 5, 2013
False Document Filed: August 6, 2013
Statutes Violated: 18 U.S.C. 3 (False Statements)
Penalty: $10,000 fine
Crime: Accessory after the fact to a false statement regarding asbestos presence.

This case serves as a stark reminder that falsifying environmental reports, particularly concerning hazardous materials like asbestos, will not be tolerated. The EPA continues to aggressively pursue enforcement actions against companies that prioritize profit over public safety and environmental compliance. GrimyTimes will continue to follow this and other cases of environmental crime.

Source: EPA ECHO Enforcement Case Database

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