A complex conspiracy to steal and illegally resell over $3 million worth of refrigerants culminated in a series of guilty pleas and significant sentences in 2005. While the initial indictment involved multiple defendants, details regarding the specific state where the crimes occurred remain undisclosed, hindering a complete understanding of the jurisdictional context.
The scheme involved the theft of large quantities of refrigerant, a crucial component in cooling systems, which was then sold at roughly half its legitimate market value. This undercutting practice not only defrauded legitimate businesses but also raised concerns about the handling and potential illegal release of these environmentally sensitive substances – a key reason for the state’s involvement. Authorities launched an investigation on March 1, 2001, leading to charges against a network of individuals allegedly involved in the operation.
Throughout 2004, a cascade of guilty pleas began, starting with Whittaker on August 19th, who admitted to 72 counts. Bushau, Ruth, Shoemaker, Lowe, Alberhasky, Kenneth Webb, Richard Webb, and Brown all followed suit in the subsequent months, each pleading guilty to varying numbers of counts. The restitution orders handed down to Lowe ($6,000) and Alberhasky ($1,000) lack clarity regarding the recipients of these funds, a potential area for further investigation.
Sentencing & Penalties
The sentences, handed down in December 2004, reflect the severity of the crimes and the extent of each defendant’s involvement. Bushau received a 12-month incarceration term and a $1,000 state fine. Shoemaker faced 36 months behind bars, while Ruth received a 24-month sentence. The Webb brothers, Kenneth and Richard, were both sentenced to the maximum of 120 months. Brown received a substantial 60-month sentence. Whittaker, pleading guilty to the most charges, also received 120 months. Cowden, who pled guilty to three counts on October 27th, was fined $1,000.
The precise state statutes violated were not publicly released, but the charges clearly fall under state environmental regulations related to the unlawful possession, sale, and handling of controlled substances. The penalties – ranging from fines and relatively short jail sentences to lengthy incarcerations – demonstrate the state’s commitment to prosecuting refrigerant theft and related environmental crimes. The illegal sale of refrigerants can lead to improper disposal, contributing to ozone depletion and potentially harming public health.
Key Facts
- Total Value of Refrigerant Stolen: Over $3 million
- Resale Value: Approximately half the legitimate market price
- Initial Charges Filed: March 1, 2001
- Statutes Violated: State environmental regulations
- Maximum Sentence: 120 months (Kenneth & Richard Webb, Whittaker)
- Fines Imposed: Ranging from $1,000 to $6,000
The lack of transparency surrounding the recipient of restitution payments and the unspecified state where the crimes occurred raises questions about the completeness of the public record. Further investigation into these details could shed light on the full scope of the conspiracy and its impact.
Source: EPA ECHO Enforcement Case Database
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