Elizabeth, Colorado – A fraudulent asbestos inspection scheme led to a significant environmental hazard and criminal charges for Michael Robert Merit, culminating in a guilty plea and sentencing in 2010. The case, investigated by the Colorado Department of Public Health and the Environment, revealed a deliberate effort to falsify asbestos testing results during the demolition of a mobile home park, putting workers and the surrounding community at risk.
Between November 2007 and January 2008, Merit misrepresented himself as a certified asbestos inspector, securing a contract with the demolition company overseeing the dismantling of the mobile home park in Elizabeth. Rather than conducting proper asbestos surveys, Merit performed inadequate tests, and crucially, fabricated the laboratory results. These forged documents falsely indicated the absence of asbestos in the structures slated for demolition.
The demolition company, relying on Merit’s fraudulent reports, submitted the falsified results to the Colorado Department of Public Health and the Environment (CDPHE) as part of their demolition permit application. Several mobile homes were demolished *before* the deception was uncovered. This resulted in a substantial asbestos spill, creating a hazardous situation requiring costly remediation and raising serious public health concerns.
Investigation and Prosecution
The scheme came to light following the discovery of the asbestos contamination. CDPHE investigators quickly traced the fraudulent documentation back to Merit. On March 18, 2010, Merit was formally charged in state court with five counts of violating Colorado regulations. The charges stemmed from his intentional misrepresentation and the resulting hazardous substance incident.
After months of legal proceedings, Merit ultimately pled guilty on September 20, 2010, to one count of violating the Colorado Hazardous Waste Act – C.R.S. 29-22-108(1) – specifically, causing and contributing to a hazardous substance incident. This plea acknowledged his role in creating a dangerous environmental situation through deliberate deceit.
Sentencing and Penalties
On December 10, 2010, the court handed down Merit’s sentence: 40 days of incarceration, 36 months of probation, and a financial penalty of $5,000 payable to the CDPHE’s Crimes Investigation fund. The sentencing reflects the severity of the offense and the potential for harm associated with asbestos exposure. The specific statute violated, C.R.S. 29-22-108(F4) 53AA, addresses unlawful handling of hazardous waste and related deceptive practices.
Key Facts
- Defendant: Michael Robert Merit
- Location: Elizabeth, Colorado
- Dates of Fraud: November 1, 2007 – January 30, 2008
- Crime: Asbestos fraud and falsification of environmental test results
- Statutes Violated: C.R.S. 29-22-108(1), C.R.S. 29-22-108(F4) 53AA
- Penalties: 40 days incarceration, 36 months probation, $5,000 fine
- Impact: Asbestos spill, potential public health risk, costly remediation
This case serves as a stark reminder of the importance of adhering to environmental regulations and the consequences of prioritizing profit over public safety. The intentional falsification of asbestos testing results not only endangered those involved in the demolition process but also potentially exposed the wider community to a known carcinogen.
Source: EPA ECHO Enforcement Case Database
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