Miami, FL – A South Florida man has been sentenced for his role in a large-scale refrigerant smuggling operation that violated federal environmental regulations. Norberto Guada, 43, of Hialeah, Florida, was sentenced on December 11, 2012, to six months in prison and six months of home confinement, followed by 18 months of supervised release, and ordered to pay a $3,000 criminal fine.
The case, investigated by the U.S. Environmental Protection Agency (EPA) and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), revealed a scheme orchestrated by Lateral Investments LLC, a Florida-based company that illegally imported approximately 278,256 kilograms (20,460 cylinders) of HCFC-22 refrigerant gas into the United States between June and August 2007. The refrigerant had an estimated market value of $1,438,270.
Illegal Importation and Black Market Sales
Guada, employed as a salesman for Lateral Investments beginning in February 2007, was specifically tasked with selling the illegally imported HCFC-22 to businesses throughout South Florida. Crucially, neither Lateral Investments nor its principals held the required unexpended consumption allowances – permits issued by the EPA – necessary for the legal importation of the substance. The scheme circumvented regulations designed to phase out ozone-depleting substances under international treaties and U.S. law.
Clean Air Act Violation
The investigation centered around violations of the Clean Air Act (CAA), which regulates air pollutants, including ozone-depleting substances like HCFC-22. The CAA, coupled with its implementing regulations, established a phasedown schedule for the production and import of these substances, with a complete ban slated for 2030. Importing HCFC-22 without a valid consumption allowance is a direct contravention of these regulations. Guada specifically admitted to knowingly being involved in the illegal importation and sale of 15,640 kilograms of HCFC-22 on August 10, 2007.
Legal Consequences & Related Cases
Guada initially pled guilty on October 2, 2012, to a single count of smuggling, a violation of Title 18 U.S. Criminal Code § 545. He faced a potential maximum sentence of twenty years imprisonment and a $250,000 fine. The reduced sentence reflects potential cooperation with authorities. This case is connected to a related prosecution involving Brendan Clery, suggesting a broader network of individuals involved in the illegal refrigerant trade. Jorge G. Murillo was also listed as a co-defendant in the original indictment.
Key Facts:
- Defendant: Norberto Guada
- Crime: Smuggling of HCFC-22 refrigerant
- Location: South Florida
- Year: 2013 (sentence handed down in Dec 2012 for actions in 2007)
- Illegally Imported: Approximately 278,256 kilograms of HCFC-22 valued at $1,438,270
- Statutes Violated: 18 U.S.C. § 545 (Smuggling), Clean Air Act (CAA)
- Penalty: 6 months prison, 6 months home confinement, 18 months supervised release, $3,000 fine
The U.S. Attorney’s Office for the Southern District of Florida, led by Wifredo A. Ferrer, highlighted the importance of prosecuting environmental crimes to protect both public health and the environment. The EPA’s Criminal Investigation Division, along with ICE-HSI, continue to investigate and prosecute individuals and companies involved in the illegal trade of ozone-depleting substances.
Source: EPA ECHO Enforcement Case Database
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