Clapper, Patti, Schweizer and Mason

Multiple businesses in the Utica, NY area conspired to defraud business and home owners while leaving potentially deadly asbestos around after certifying that it had been removed.

One of the longest running frauds in asbestos remediation history has come to an end.  Certified Environmental Services (CES) and several of its employees have been found guilty for conspiring to defraud customers and violating the Clean Air Act over a ten year period.  The business, managed by Nicole Copland—one of the defendants in the Federal Court case, enlisted the help of two remediation companies local to the Utica area of Central New York (AAPEX Environmental Services and Paragon Environmental Construction) to improperly dispose of asbestos containing materials and file false documentation with property owners and the federal government. 

On October 14^th of 2010 a jury found Nicole Copeland, Elisa Dunn, and Sandy Allen, guilty of conspiring to violate the Clean Air Act, commit mail fraud, and defraud the United States. 

CES is an asbestos testing and monitoring agency that’s been in business for twenty years.  As such it was required by the federal government to monitor local asbestos remediation companies and file reports with the government about the removal, transportation, and final disposition of asbestos building materials.  The Clean Air Act mandates that materials containing asbestos be treated as hazardous because the fibers can cause cancer, mesothelioma, and other lethal health conditions when inhaled or ingested. 

CES was employed by public and private organizations as well as individual home owners.  Special agents of the Environmental Protection Agency and New York State Department of Environmental Conservation found that over the past ten years they certified that all asbestos had been removed from buildings, homes, and even schools when in fact much of the material was still in place.  What’s worse, one of the removal companies in business with CES admitted to casually tossing the building materials around or leaving them lying about. 

The charges against CES employees each carry a maximum sentence of 5 years in prison and a $250,000.  In addition, the company may also be the target of civil suits or possibly class action if the owners, residents, or users decide to pursue litigation.  The charges against the company could result in a 7.5 million in addition to the restitution it is ordered to pay.

The mail fraud charges filed against the company and employees could end with 20 years behind bars and additional fines.

The individuals involved in the case are set to be sentenced early this year.  Possible jail terms and fines range from 110 years and $3million in the case of Nicole Copeland; 40 years and $1,250,000 for Elisa Dunn; and 50 years and $1million for Sandy Allen.

The two companies which aided CES in this conspiracy have already pleaded guilty.  John Leathly of AAPEX Environmental Services faces up to five years in prison and has agreed to pay a $166,000 fine.  Frank Onoff of Paragon Environmental Construction faces a maximum penalty of 5 years in prison and up to $250,000 in fines. 

Onoff’s engagement in this scheme actually paid off for investigators because cooperated in the cases against CES and several CES employees in return for a lesser sentence. 

EPA investigators have since notified the owners of the effected buildings so the dangerous materials can be properly disposed of but after years of coming into contact with the harmful fibers there’s no telling how many people the negligent actions of CES could potentially have harmed.  Even though contact may have been minimal, the EPA advises that there is no safe amount of exposure to asbestos.