Buffalo, NY – A former New York State inspector has been sentenced to a year of probation for his role in a fraudulent asbestos abatement cover-up at the Kensington Towers apartment complex, according to the U.S. Attorney’s Office for the Western District of New York. Theodore T. Lehmann, Jr., 67, was sentenced on November 6, 2014, after pleading guilty in May 2014 to a misdemeanor charge of negligent endangerment under the Clean Air Act.
The case, investigated by a multi-agency task force including the EPA’s Criminal Investigation Division, the FBI, and the Department of Housing and Urban Development’s Office of Inspector General, revealed a systemic effort to falsify records related to asbestos removal at the Buffalo housing complex. Between June 2009 and January 2010, Johnson Contracting of WNY, Inc., along with principals Ernest and Rai Johnson, conducted asbestos abatement work at six buildings within Kensington Towers. Lehmann, employed by JMD Environmental, Inc. as an air sampling technician and project monitor, was responsible for verifying the completion of asbestos removal before issuing clearance for the buildings.
Federal prosecutors detailed how Rai Johnson falsified daily project logs, falsely claiming all asbestos-containing materials had been removed from the boiler room of building B-2. Lehmann, despite knowing the claim was untrue after a visual inspection on August 25, 2009, signed off on the inspection as satisfactory. This act, authorities say, made Lehmann an accessory after the fact to the false statement made by the Johnson defendants. The scheme exposed residents of Kensington Towers to potential health risks associated with asbestos exposure.
Legal Ramifications
Lehmann was convicted of violating 42 U.S.C. 7413(c)(4) of the Clean Air Act, specifically regarding knowingly making false statements in records required to be maintained under the Act. The misdemeanor conviction carries a maximum penalty of two years in prison and a $10,000 fine, though Lehmann received a sentence of one year of probation. This case is notable for its focus on the responsibility of certified inspectors to ensure accurate and truthful reporting regarding hazardous materials.
Wider Investigation
Lehmann is not the only individual to face consequences in connection with the Kensington Towers project. Evan Harnden and Brian Scott, also JMD project monitors, along with former public officials Donald Grzebielucha and William Manuszewski, have previously been convicted for their roles in the fraudulent scheme. The investigation highlights a pattern of negligence and deliberate misreporting, raising questions about oversight and accountability within the asbestos abatement industry in New York State.
GrimyTimes Take
This case underscores the critical importance of adhering to environmental regulations designed to protect public health. The deliberate falsification of asbestos abatement records isn’t just a paperwork violation; it’s a direct endangerment of vulnerable populations. The GrimyTimes will continue to follow cases involving environmental crime and hold those who prioritize profit over safety accountable.
Key Facts
- Defendant: Theodore T. Lehmann, Jr.
- Location: Buffalo, New York
- Crime: Negligent endangerment under the Clean Air Act (false reporting of asbestos removal)
- Statute Violated: 42 U.S.C. 7413(c)(4)
- Sentence: 1 year probation
- Co-defendants: Johnson Contracting, Ernest Johnson, Rai Johnson, Evan Harnden, Brian Scott, Donald Grzebielucha, William Manuszewski
- Agencies Involved: EPA-CID, FBI, HUD-OIG, NYS DEC Police, NYS Dept. of Labor
Source: EPA ECHO Enforcement Case Database
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