San Francisco, CA – Rogelio Lowe, 44, of Thornton, California, was sentenced in December 2010 to five months in federal prison followed by three months of home confinement for operating a fraudulent asbestos worker training scheme. Lowe, also known as Roger Lowe, pleaded guilty to two counts of mail fraud in July 2010, admitting to providing inadequate—and in some cases, virtually nonexistent—training to students seeking certification to handle the dangerous material.
Between 2007 and 2009, Lowe’s company, E&D Environmental Safety Training, Inc., profited by offering asbestos abatement courses that blatantly disregarded federal safety regulations. Asbestos, a known carcinogen, poses significant health risks including asbestosis, lung cancer, and mesothelioma when its fibers become airborne. Proper training is crucial to safely remove and handle the material, requiring a rigorous four-day, 32-hour course including hands-on practice and respirator fit testing.
Court documents reveal a systematic pattern of deceit. Lowe routinely shortened classes to as little as 30 minutes, provided answers during closed-book exams, and even forged test results for absent students. Despite this, he issued certificates to unqualified individuals and billed their employers for legitimate training. These fraudulent certifications were then submitted to the California Division of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA), falsely indicating that workers had met the state’s training requirements. Cal/OSHA relied on these falsified records, adding improperly trained workers to its list of qualified asbestos abatement professionals.
Investigation and Prosecution
The case originated with a referral from Cal/OSHA, who flagged irregularities in the training records submitted by E&D Environmental Safety Training. This prompted a two-year joint investigation by the Federal Bureau of Investigation (FBI) and the United States Environmental Protection Agency’s (EPA) Criminal Investigative Division. Assistant U.S. Attorneys Stacey Geis, Rayneisha Booth, and Beth Margen led the prosecution, securing a guilty plea and ultimately, a prison sentence for Lowe.
Penalties and Restitution
U.S. District Court Judge Jeffrey S. White handed down the sentence on December 2, 2010, ordering Lowe to serve five months incarceration, followed by three months of home confinement, 36 months of supervised release, and 300 hours of community service with an environmental focus. Additionally, Lowe was ordered to pay $15,000 in restitution to P.W. Stephens, an asbestos abatement company. Lowe began serving his prison sentence on February 2, 2011.
Key Facts
- Defendant: Rogelio Lorenzo (Roger) Lowe
- Location: California
- Years Active: 2007-2009
- Crime: Mail Fraud related to fraudulent asbestos worker training
- Statutes Violated: 18 U.S.C. 1001 (False Statements) & 18 U.S.C. 1341 (Mail Fraud)
- Maximum Penalty: 20 years imprisonment and a $250,000 fine per count of mail fraud.
- Restitution: $15,000 paid to P.W. Stephens
The case highlights the critical importance of rigorous oversight in occupational safety training and the potential dangers posed by unqualified workers handling hazardous materials. The EPA and FBI continue to prioritize the investigation and prosecution of environmental crimes that threaten public health and safety.
Source: EPA ECHO Enforcement Case Database
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