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North Tonawanda Man Guilty of Clean Air Act Charge
Brian Scott, 33, of North Tonawanda, N.Y., pleaded guilty to being an accessory after the fact to a false statement under the Clean Air Act, a charge that carries a maximum penalty of one year in prison, a fine of $125,000 or both.
The defendant was employed by JMD Environmental, Inc. as an air sampling technician and a project monitor, and was certified by the New York State Department of Health to conduct asbestos project monitor and air sampling duties. He was involved in the asbestos abatement activities at the Kensington Towers Apartment Complex in Buffalo, where co-defendants Johnson Contracting of WNY, Inc., Ernest Johnson, and Rai Johnson conducted abatement activities at six buildings.
The investigation revealed that Rai Johnson created daily project logs to document the progress at Kensington Towers. However, during the abatement process, he wrote in his daily project log that all floor tiles containing asbestos had been removed from building A-1, when in truth, all asbestos floor tiles had not been removed. The defendant, aware of this discrepancy, conducted a visual inspection of the building and issued a satisfactory report.
This is the third defendant to plead guilty as part of the Kensington Towers asbestos abatement project. Other charged defendants include JMD project monitors Chris Coseglia, Henry Hawkins, and Evan Harnden, as well as current and former public officials responsible for certifying the project’s compliance with applicable laws and regulations.
The plea is the culmination of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency – Criminal Investigation Division, the Federal Bureau of Investigation, the U.S. Department of Housing and Urban Development – Office of Inspector General, and the New York State Department of Environmental Conservation Police.
Sentencing is scheduled for August 8, 2014, at 12:30 p.m. before Judge Richard J. Arcara.
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Key Facts
- State: New York
- Category: White Collar Crime
- Source: DOJ Press Release ↗
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