MIAMI, FL – A Missouri-based appliance parts distributor has been sentenced for its role in a multi-state scheme to illegally import and sell ozone-depleting refrigerant, federal authorities announced. Marcone Cooling & Heating, headquartered in St. Louis, was convicted and sentenced earlier this month in connection with the illegal purchase and distribution of approximately 100,898 kilograms of hydrochlorofluorocarbon-22 (HCFC-22), a substance regulated under the Clean Air Act.
The company pleaded guilty to one count of smuggling goods into the United States, a violation of Title 18 U.S. Code Section 545. Court documents reveal that between July 2007 and April 2009, a Senior Vice-President within Marcone routinely negotiated the purchase of HCFC-22 from suppliers who lacked the legally required import allowances. The refrigerant, valued at approximately $843,291.00, was then distributed throughout the United States, circumventing regulations designed to protect the ozone layer.
Operation Catch-22
This case is part of “Operation Catch-22,” a multi-agency initiative building upon the earlier “Operation Cool Breeze” which targeted CFC-12 trafficking in the 1990s. These operations aim to dismantle networks involved in the illegal trade of ozone-depleting substances. The Federal Clean Air Act mandates a phased reduction in the production and importation of these substances, with a complete ban scheduled for 2030, in accordance with international treaties.
Penalties and Restitution
On March 17, 2010, U.S. District Court Judge Alan S. Gold sentenced Marcone to five years of probation and ordered the company to pay a $500,000 criminal fine. In addition to the fine, Marcone was directed to remit $400,000 to the Southern Environmental Enforcement Training Fund as community service and to forfeit $190,534.70 representing proceeds gained from the illegal activity. The court also mandated the implementation of a comprehensive Environmental Compliance Plan as a condition of probation.
Federal Response
“The defendant jeopardized the global effort to protect the ozone layer for its own financial benefit,” stated U.S. Attorney Jeffrey H. Sloman. “Such conduct is short-sighted and inexcusable. We will continue to aggressively enforce federal laws that seek to protect our environment.” Maureen O’Mara, Special Agent in Charge of the EPA’s Criminal Investigation Division, emphasized the importance of protecting the stratospheric ozone layer, vital for shielding life on Earth from harmful ultraviolet radiation.
Ongoing Enforcement
Federal officials stressed the commitment to combating the illegal trade of ozone-depleting substances. Anthony V. Mangione, Special Agent in Charge of ICE’s Office of Investigations, highlighted the national security, public safety, and economic implications of unlawful importation. The investigation involved collaborative efforts from the EPA, ICE, the Florida Department of Environmental Protection, and the Miami-Dade Police Department.
Key Facts
- Defendant: Marcone Cooling & Heating
- Crime: Illegal receipt, purchase, and sale of smuggled HCFC-22 refrigerant
- Location: Southern District of Florida, with distribution nationwide
- Statutes Violated: Title 18 U.S. Code Section 545, Clean Air Act
- Quantity Smuggled: Approximately 100,898 kilograms (7,419 cylinders) of HCFC-22
- Penalties: 5 years probation, $500,000 fine, $400,000 community service payment, $190,534.70 forfeiture, Environmental Compliance Plan
- Operation: Part of “Operation Catch-22” targeting illegal refrigerant trade
Source: EPA ECHO Enforcement Case Database
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