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Michael Hart, Greenhouse Gas Smuggling, California 2022

San Diego, CA – In a landmark case, Michael Hart, a 58-year-old San Diego resident, has become the first person in the nation to be convicted of illegally importing harmful greenhouse gases into the United States.

Hart, a businessman, pleaded guilty in federal court to conspiring to import potent hydrofluorocarbons (HFCs) and hydrochlorofluorocarbons (HCFCs) from Mexico into the US, violating regulations aimed at slowing climate change.

The HFCs, used in applications such as refrigeration, air-conditioning, and building insulation, have a global warming impact hundreds to thousands of times greater than carbon dioxide. As a result, there has been an international phasedown of HFCs by 85 percent, leading to increased smuggling and importation.

This case marks the first prosecution under the American Innovation and Manufacturing Act of 2020 (AIM Act), which prohibits the importation of HFCs without EPA-issued allowances and the sale of HFCs imported without such allowances.

According to court documents, Hart offered HFCs and HCFCs for sale on online platforms like OfferUp and Facebook Marketplace, communicated with conspirators in the US, and then purchased the refrigerants in Mexico with the help of his accomplices. He then illegally imported them into the US, concealed in his vehicle, and sold them to others, profiting from the black market for such refrigerants in the US.

Hart is scheduled to be sentenced on December 9, 2024, and faces up to five years in prison and a $250,000 fine.

The case is being prosecuted by Assistant US Attorney Mark W. Pletcher and Department of Justice Environmental Crimes Section Senior Trial Attorney Stephen DaPonte.

The investigation was conducted by the US Environmental Protection Agency’s Criminal Investigation Division and Homeland Security Investigations.

Hart’s conviction highlights the importance of enforcing environmental laws and protecting air quality.

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