Calexico, CA – Victor Manuel Diaz was sentenced to 24 months probation and a $250 federal fine in June 2011 after pleading guilty to violating the Clean Air Act, stemming from a 2009 attempt to illegally import a significant quantity of a controlled refrigerant from Mexico. The case, investigated by the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) with assistance from U.S. Customs and Border Protection (CBP), highlights ongoing efforts to combat the black market trade of ozone-depleting substances.
On September 4, 2009, CBP officers at the Calexico East Port of Entry flagged a shipment originating from Mexico and linked to Diaz, operating under the business name Reliance Trading Company. The shipment consisted of 200 cylinders, each weighing 30 pounds, of hydrochlorofluorocarbon-22 (HCFC-22), commonly known as R-22. R-22 is a widely used commercial refrigerant, but its import is heavily regulated due to its contribution to ozone depletion.
According to court documents, when asked to provide the necessary import permit for the R-22, Diaz, through his broker, presented CBP officials with documentation unrelated to the refrigerant shipment. This occurred despite prior warnings. CBP officials confirmed that Diaz and Reliance Trading Company had been informed at another border crossing that prior approval from the U.S. EPA was *required* for the legal importation of R-22.
Investigation and Indictment
The EPA-CID initiated a full investigation following the CBP notification. Their findings corroborated the initial report, establishing a clear pattern of attempted illegal importation. On April 21, 2011, Diaz was formally indicted on charges of violating 42 U.S.C. 7671d – pertaining to Stratospheric Ozone Protection – and 42 U.S.C. 7413(c)(1), which addresses knowingly violating any requirement or prohibition of the Clean Air Act.
Sentencing and Implications
Diaz’s guilty plea led to a sentencing hearing on June 27, 2011, where he received 24 months of probation and was ordered to pay a $250 fine. While the financial penalty appears relatively minor, legal experts suggest the case serves as a warning to others attempting to circumvent environmental regulations. The illegal importation of refrigerants not only harms the ozone layer but also undermines legitimate businesses that comply with import restrictions.
Key Facts
- Defendant: Victor Manuel Diaz / Reliance Trading Company
- Crime: Illegal Importation of HCFC-22 (R-22) refrigerant
- Location: Calexico East Port of Entry, California
- Date of Attempted Import: September 4, 2009
- Date of Sentencing: June 27, 2011
- Statutes Violated: 42 U.S.C. 7671d, 42 U.S.C. 7413(c)(1)
- Penalty: 24 months probation, $250 fine
The EPA continues to prioritize enforcement of regulations designed to protect the stratospheric ozone layer and mitigate the effects of climate change. This case demonstrates the agency’s commitment to pursuing individuals and companies that attempt to profit from environmentally damaging activities.
Source: EPA ECHO Enforcement Case Database
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