A federal jury in New York has reportedly found Certified Environmental Services, Inc. (CES), two of its managers and an employee guilty of conspiring to aid and abet Clean Air Act (CAA) violations, mail fraud and fraud. They were also convicted of substantive CAA violations and making false statements to federal law enforcement authorities.
As alleged in the indictment, the company, its employees and a supervisor from another asbestos abatement company conspired over a 10-year period to falsify lab results used to prove that asbestos removal was done properly. In several instances, they represented that homes, schools and other buildings were free of asbestos contamination when asbestos debris was actually left behind, exposing people who live, attend school or work in those facilities. The conspiracy and substantive CAA and false statements counts each carry a maximum term of incarceration of five years and a fine of $250,000. The mail fraud counts each carry a maximum 20-year term of incarceration. Sentencing will occur later this year. See DOJ Press Release, October 13, 2010.