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Rochester Contractor Sentenced to 72 Months in Prison for Asbestos Crimes
A Rochester asbestos contractor has been sentenced to 72 months in prison and ordered to pay $300,000 in restitution for violating the Clean Air Act. Keith Gordon-Smith, owner of Gordon-Smith Contracting, was convicted after a jury trial of multiple counts of violating the Clean Air Act and was sentenced in September 2011 by Judge Charles J. Siragusa.
Gordon-Smith was found guilty of failing to notify the Environmental Protection Agency before beginning asbestos removal at several sites within the Western District of New York, including schools, colleges, and the Genesee hospital complex. The jury convicted him of multiple counts of failure to notify the EPA about asbestos-related work done on these sites.
According to U.S. Attorney William J. Hochul, the conviction and sentencing demonstrate the commitment of his office to protecting the community and environment while ensuring a level playing field for all who conduct business in the area.
The investigation into Gordon-Smith’s company was conducted by Special Agents of the United States Environmental Protection Agency, Criminal Investigation Division, under the direction of William Lometti; the United States Department of Labor, Office of Inspector General, under the direction of Acting Special Agent in Charge Cheryl Garcia; Occupational Safety Health Administration, Buffalo Office, under the direction of Art Dube; and the New York State Department of Labor, Asbestos Control Bureau, under the direction of Maureen Cox.
This case is the second significant development involving environmental prosecutions and the Clean Air Act in the past several days. On March 19, 2014, the United States Attorney’s Office obtained a $24 million fine and restitution order against Tonawanda Coke for a decades-long release of the poisonous gas Benzene from its production facilities, which also violated the Federal Clean Air Act.
Gordon-Smith’s conviction was affirmed by the United States Court of Appeals for the Second Circuit in November 2010, and the appeals court rejected his argument that the evidence presented at trial was insufficient to support the conviction.
RELATED: Roofing Firm Guilty of Cheating Feds
Key Facts
- State: New York
- Category: Public Corruption|Environmental Crimes
- Source: DOJ Press Release ↗
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