Toledo, OH – Scott Ulmer, a former owner of the Westhaven Group, a prominent property broker in the Toledo area, was sentenced in September 2007 following a guilty plea to federal charges of conspiracy and obstruction of justice. The case, investigated by the Environmental Protection Agency’s (EPA) Criminal Investigation Division, revealed a deliberate scheme to falsify crucial property disclosure forms, potentially endangering residents and violating federal law.
According to court documents, Ulmer directed the forgery of approximately 400 Lead-Based Disclosure forms in 2004. These forms are legally required to inform potential buyers or renters if a property contains lead-based paint – a significant health hazard, particularly to children. By concealing this information, Ulmer and the Westhaven Group allegedly sought to expedite sales and avoid costly remediation efforts. The falsification created a significant risk of lead exposure for unwitting tenants and homeowners.
The EPA’s investigation uncovered evidence that Ulmer knowingly ordered the fraudulent completion of the forms, instructing employees to sign them without verifying the presence or absence of lead-based paint. This systematic deception constituted a clear violation of federal regulations designed to protect public health and ensure transparency in property transactions. Investigators believe the motive was purely financial, prioritizing profit over the safety of the community.
Ulmer was formally charged on April 2, 2007, with one count of conspiracy, a violation of Title 18 U.S. Code Section 371, and one count of obstruction of justice, a violation of Title 18 U.S. Code Section 1519. These charges carry significant penalties, reflecting the seriousness of the offenses. Section 371 addresses conspiracies to defraud the United States, while Section 1519 covers the obstruction of justice in federal investigations.
On September 17, 2007, Ulmer entered a guilty plea to both counts. Judge James Carr handed down a sentence of 10 months of incarceration, followed by 50 months of supervised probation. In addition to the prison term and probation, Ulmer was ordered to pay a $200 special assessment fee and a substantial $20,000 federal fine. The Westhaven Group itself was not criminally charged in the case, though the incident undoubtedly damaged the company’s reputation.
Key Facts
- Defendant: Scott Ulmer
- Company: Westhaven Group (property broker)
- Location: Toledo, Ohio
- Crime: Forgery of Lead-Based Disclosure forms
- Statutes Violated: 18 U.S.C. 371 (Conspiracy), 18 U.S.C. 1519 (Obstruction of Justice)
- Sentence: 10 months incarceration, 50 months probation, $20,200 in fines & assessments
- Number of Forms Forged: Approximately 400
The case serves as a stark reminder of the legal consequences associated with environmental fraud and the importance of adhering to regulations designed to protect public health. The EPA continues to aggressively pursue criminal enforcement actions against individuals and companies who prioritize profit over safety and compliance.
Source: EPA ECHO Enforcement Case Database
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