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Father and Son Sentenced For Environmental Crimes
SYRACUSE, NY - Father and son owners of asbestos abatement companies in New
York State, have been sentenced to serve the two longest federal jail sentences
for
environmental crimes in U.S. history.
Before the U.S. District Court in Syracuse, NY, Alexander Salvagno, 38, and
Raul Salvagno, 71, owners of AAR Contractors, Inc., were convicted on all 18
counts
of which they were charged for conspiracy to violate the Clean Air Act and
the Toxic Substances Control Act; violations of the Clean Air Act’s hazardous
air pollutant regulations governing the safe and proper removal of asbestos;
and conspiracy to violate the Racketeer Influenced and Corrupt Organization
Act (RICO). The RICO count involved obstruction of justice, money laundering,
mail
fraud and bid rigging - all related to their illegal asbestos activities. Alexander
Salvagno was convicted on 14 counts, including tax fraud, and Raul Salvagno
was convicted on four counts.
“This criminal case, and the lengthy prison sentences imposed, send a clear
message: those who knowingly jeopardize public health will be held fully accountable
for their crimes,” said Thomas V. Skinner, EPA’s acting assistant
administrator for Enforcement and Compliance Assurance. “We are committed
to vigorously enforcing the laws governing the safe handling and disposal of
asbestos and other hazardous substances.” Skinner commended the work
of Assistant U.S. Attorney Craig Benedict, noting that the five-month trial
was
the longest for environmental crimes in U.S. history.
The Salvagnos conducted their illegal asbestos abatement activities over
a 10-year period at more than 1,550 facilities throughout New York State -
including
elementary
schools, churches, hospitals, military housing, theaters, cafeterias, the New
York State Legislature Office Building, public and commercial buildings of
nearly every sort and private residences. The Salvagnos directed the illegal
activities
of 500 asbestos workers and laboratory officials. The thirteen highest level
supervisors pleaded guilty to environmental crimes prior to the Salvagno trial
and are currently awaiting sentence.
Judge Howard Munson sentenced Alexander Salvagno to 25 years imprisonment;
ordered him to forfeit to the United States of America $2,033,457.70 in assets
that were
illegal proceeds resulting from their RICO activities, including multiple acts
of obstruction of justice, money-laundering, mail fraud, and bid-rigging; and
ordered him to pay $23,039,607 in restitution to the victims. His father, Raul
Salvagno, was sentenced to 19 years in prison; $1,707,156.40 in forfeiture;
and $22,875,575.46 in victim restitution. AAR Contractors, Inc. also forfeited
$2,033,457.70
to the U.S. Government and was ordered to pay $22,875,567.46 in restitution.
The convictions are the result of collaborative efforts by federal and state
agencies; the U.S. Environmental Protection Agency’s Office of Enforcement
and Compliance Assurance’s Criminal Investigation Division, the Internal
Revenue Service, the U.S. Army Criminal Investigation Division, and the New York
State Department of the Inspector General. Assistance was further provided by
the New York State Departments of Labor and Health. The prosecution was led by
Assistant U.S. Attorney Craig Benedict of the U.S. Attorney’s Office
for the Northern District of New York.
Rather than following the legal requirements for the proper removal and disposal
of asbestos in order to make sure that this toxic substance was not released
into the environment, the Salvagnos used illegal “rip and run” techniques
to remove the asbestos, releasing what former AAR workers described at the trial
as indoor “snow storms” of asbestos. To conceal his crimes Alexander
Salvagnos secretly and illegally co-owned an accredited laboratory, Analytical
Laboratories of Albany Inc., which colluded with AR to create up to 75,000 fraudulent
laboratory analysis results. Some false sample results were termed “890
samples,” which air monitors created by holding air cassettes out the window
as they drove down Interstate 890 in the Albany, NY area. Other results were
changed in the laboratory. These false lab results were used to defraud clients
into believing that buildings that AAR had “remediated” were free
of harmful levels of asbestos.
Residual asbestos contamination was found by federal investigators at numerous
locations that the Salvagnos had declared to be safe. Owners of those contaminated
buildings were contacted by EPA officials and have had to remove asbestos that
had been dispersed throughout portions of their buildings by the AAR crews.
Evidence at trial showed that the Salvagnos knowingly sent workers, many
who were in their early twenties, into “hot zones” and encouraged them
to work without respirators and other protective equipment. In pronouncing sentence,
the district court judge made the specific finding that the Salvagnos’ crimes
resulted in a substantial likelihood of death or serious bodily injury to numerous
individuals. Proof at a sentencing hearing established that as many as 100
former AAR workers are now substantially likely to develop asbestosis, lung
cancers
and mesothelioma, a fatal form of cancer. Up to 500 AAR workers are at elevated
risk. Medical experts who testified for the United States informed the judge
that members of the public also were exposed to residual asbestos within specific
buildings, and are now at elevated risk of the disease. All known victims have
been contacted by the United States in order to ensure that they are able to
obtain appropriate medical attention.
EPA has determined there is no safe level of exposure to asbestos. Improperly
removing asbestos and falsely certifying a building to be free of asbestos
contamination creates a public health risk.
xposure can lead to lung cancer,
mesothelioma
(a rare cancer associated with asbestos exposure) and asbestosis.
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