PORTLAND, Ore. – A Vancouver, Washington man has been sentenced to prison for conducting fraudulent lead-based paint inspections, potentially endangering the health of children in multiple homes. Martin Glaves Kuna, 66, was sentenced to 14 months incarceration on July 23, 2013, after pleading guilty to one count of wire fraud in February of the same year. The case, investigated by the Environmental Protection Agency (EPA) and prosecuted by the U.S. Attorney’s Office for the District of Oregon, highlights a disturbing pattern of deception and disregard for public health.
From May 2008 to September 2012, Kuna advertised lead-based paint inspection and testing services, falsely claiming to be certified to perform the work. Despite lacking the required training and certification mandated by the Residential Lead-Based Paint Hazard Reduction Act (Lead Hazard Act), Kuna conducted over ten inspections, often targeting homes with young children. In at least one instance, Kuna provided a homeowner with a false negative result for lead detection, leading to continued exposure for the children residing in the home and subsequent elevated lead levels in their blood.
The scheme came to light in January 2012 when EPA civil investigators ordered Kuna to cease his illegal operations. However, Kuna brazenly continued to advertise and perform the uncertified inspections for another eight months, demonstrating a deliberate disregard for both the law and the potential harm to vulnerable populations. The EPA’s Criminal Investigation Division, led by Special Agent Marc Callaghan, ultimately built the case that led to Kuna’s conviction.
Legal Ramifications & Sentencing
Kuna was charged with wire fraud, a violation of 18 U.S.C. §1343, which carries a maximum sentence of 20 years in prison and a $250,000 fine. In addition to the 14-month prison term, Judge Michael H. Simon ordered Kuna to pay $2,372 in restitution to his victims. The sentencing underscored the seriousness of the offense and the court’s commitment to protecting children from the dangers of lead poisoning. U.S. Attorney Amanda Marshall emphasized that protecting families is a top priority for her office, and that individuals who endanger children through fraudulent practices will face justice.
Co-conspirator Also Penalized
The investigation also revealed the involvement of homeowner Higuera, who admitted to creating false lead-disclosure documents and submitting them to EPA inspectors. Higuera was subsequently charged with violating the Toxic Substances Control Act (TSCA) – 15 U.S.C. §2615(b) – and sentenced to 12 months of probation on September 16, 2013. No fine was imposed.
A Warning From Authorities
Tyler Amon, EPA’s Special Agent in Charge, highlighted the importance of vigilance in protecting children from environmental hazards. He praised the Smith family, who questioned Kuna’s services and initiated the federal investigation. “If ‘business-as-usual’ includes exposing children to lead, you will pay the price,” Amon stated. The case serves as a stark warning to anyone considering engaging in similar fraudulent practices, and a reminder of the crucial role of proper certification and testing in safeguarding public health.
Key Facts
- Defendant: Martin Glaves Kuna
- Crime: Wire Fraud & Uncertified Lead Inspections
- State: Oregon
- Years Active: 2008-2012
- Laws Violated: 18 U.S.C. §1343 (Wire Fraud), 15 U.S.C. §2615(b) (TSCA Violation – Higuera)
- Penalties: Kuna – 14 months incarceration, $2,372 restitution; Higuera – 12 months probation
- Victims: Multiple homeowners and children exposed to potential lead poisoning
- EPA Involvement: Civil investigation initiated in 2012, followed by criminal investigation
Source: EPA ECHO Enforcement Case Database
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