Allentown, PA – Sholom Rubashkin, of Brooklyn, New York, has been sentenced to six months in federal prison and three years of probation following a guilty plea to a charge of making materially false statements, stemming from the illegal storage of hazardous waste at a former textile factory in Allentown, Pennsylvania. The case, investigated by the Environmental Protection Agency (EPA) and pursued by the U.S. Department of Justice, highlights the potential for criminal liability when environmental regulations are disregarded and deceptive practices are employed.
The charges against Rubashkin and his father, Moshe Rubashkin, originated with the defunct Montex Textiles, a textile dyeing, bleaching, and weaving business that operated in Allentown. Upon ceasing operations in 2002, the Rubashkins allegedly left behind a significant quantity of improperly stored hazardous waste on the property. This waste remained unattended for several years, eventually prompting a response from local authorities after two fires broke out at the site.
In October 2005, the EPA initiated a comprehensive cleanup operation, collaborating with the City of Allentown to remove and dispose of the hazardous materials. The cleanup proved costly, and federal investigators soon discovered that Sholom Rubashkin had knowingly provided false information regarding the status of the waste and the company’s environmental compliance. Moshe Rubashkin pleaded guilty to one count of illegally storing hazardous waste without a permit.
Federal prosecutors detailed how Rubashkin intentionally misled investigators about the nature and amount of hazardous waste remaining at the site, hindering the cleanup efforts and potentially endangering public health and the environment. The false statements were made in an attempt to downplay the extent of the environmental damage and reduce the financial burden of remediation. The case underscores the EPA’s commitment to pursuing criminal charges against individuals who attempt to conceal environmental violations.
Legal Ramifications and Restitution
Sholom Rubashkin was sentenced on May 13, 2009, to six months of incarceration, 36 months of probation, and a $5,000 federal fine. He was also ordered to pay restitution, jointly and severally with his father, totaling $450,000 to cover the cleanup costs incurred by the EPA and the City of Allentown. The conviction was upheld by the United States Court of Appeals for the Eighth Circuit on September 16, 2011.
The Rubashkins violated 18 U.S.C. 1001, which prohibits knowingly making false statements to the federal government. This charge carries a maximum penalty of five years in prison and a fine. The case also demonstrates the EPA’s willingness to pursue financial restitution to recover the costs associated with environmental remediation when illegal hazardous waste storage occurs.
Key Facts
- Defendant: Sholom Rubashkin & Moshe Rubashkin
- Location: Allentown, Pennsylvania
- Year: 2009
- Statutes Violated: 18 U.S.C. 1001 (False Statements)
- Restitution: $450,000 (jointly and severally) to EPA & Allentown
- Sentence: Sholom Rubashkin – 6 months incarceration, 36 months probation, $5,000 fine
GrimyTimes will continue to follow this case and provide updates as they become available.
Source: EPA ECHO Enforcement Case Database
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