Chicago, IL – A widespread scheme to falsify asbestos abatement training records and endanger public health culminated in multiple convictions and significant penalties in the late 1990s and early 2000s, with the final sentencing occurring in 2002. The case, originating in Illinois and extending into Iowa, involved the negligent handling of asbestos-containing materials (ACM) and a deliberate effort to deceive regulatory authorities.
The investigation, led by the Environmental Protection Agency (EPA), revealed that Wade J. Bertelson and his associates routinely failed to adequately wet ACM during abatement projects – a critical safety measure to prevent the release of harmful asbestos fibers into the air. This negligence put workers and the public at risk of developing serious respiratory illnesses, including asbestosis, lung cancer, and mesothelioma.
The fraud extended beyond improper handling. Bertelson and others issued official asbestos abatement refresher training certificates to individuals who had *not* completed the required coursework. These forged certificates were then submitted to the Illinois Department of Public Health, allowing unqualified personnel to perform asbestos abatement work and further exacerbating the safety risks. Rapp was also found complicit in the scheme and pleaded guilty to violating the Clean Air Act.
Multiple Defendants & Penalties
The initial charges in February and March of 1999 led to guilty pleas from Bertelson and Rapp, both receiving 15 months of incarceration, followed by 36 months of probation, a $100 special assessment, and a $1,800 federal fine. The investigation quickly expanded, indicting Roseman and Talbot on charges of conspiracy (18 U.S.C. 2) in August 1999. Simultaneously, Cook, Coutts, Wright, and Curry Environmental were charged with violations of the Clean Air Act.
Sentencing varied significantly. Cook received six months of home confinement, while Coutts and Wright received jail sentences of four and five months respectively. Curry Environmental faced the harshest financial penalty, with a $1 million federal fine and 60 months of probation. Roseman and Talbot also faced consequences, with Roseman receiving nine months incarceration and Talbot receiving 24 months probation. Further investigation revealed mail fraud committed by Corder, leading to a guilty plea and a sentence of 24 months probation, $1,600 in assessments, a $5,000 fine, and $1,600 in restitution to Care Supply and IDM Environmental.
Key Facts
- Defendant: Wade J. Bertelson and multiple co-defendants
- Crime: Fraudulent asbestos abatement practices and falsification of training records.
- Location: Illinois and Iowa
- Statutes Violated: 42 U.S.C. 7413 (Clean Air Act), 18 U.S.C. 1341 (Mail Fraud), 18 U.S.C. 2 (Conspiracy)
- Penalties: Sentences ranged from home confinement to 15 months incarceration, probation, and fines totaling over $1 million.
- Impact: Endangered public health by allowing unqualified individuals to perform asbestos abatement work.
The case serves as a stark reminder of the dangers of asbestos exposure and the importance of strict compliance with environmental regulations. The EPA continues to aggressively pursue enforcement actions against those who knowingly endanger public health and safety for financial gain.
Source: EPA ECHO Enforcement Case Database
