Mesothelioma Law Firm

Posted on Sunday, 21 of September , 2008 at 8:24 pm

UTICA –A Plattsburgh business owner has been convicted of falsified monitoring results for asbestos removal companies.

Mark Desnoyers, 53, of 210 Dennis Lane, Plattsburgh, was found guilty following a two week jury trial in federal court in Utica.

Desnoyers, owner of Adirondack Environmental Associates, was an air monitor who took samples required to document the purported full and safe removal of asbestos from numerous commercial buildings and private homes.

However, the evidence established that Desnoyers secretly entered into agreements with the owners of asbestos removal companies to falsify his results. In so doing, the abatement companies in and around the Plattsburgh, NY area were able to ignore significant environmental safeguards mandated by law and disturb the asbestos in a manner that spread this deadly substance throughout the areas purportedly being cleaned. The conspiracy between Desnoyers and the abatement contractors left facilities massively contaminated and exposed clients/victims to this substance.

Desnoyers was convicted of a conspiracy to violate the Clean Air Act and to commit mail fraud; aiding and abetting substantive Clean Air Act violations; mail fraud; and multiple counts of making false statements to Special Agents of the U,S, Environmental Protection Agency.

One week prior to the start of the trial, John Wood, 57, 20 Glen Drive, Plattsburgh, owner of J & W Construction, Inc.–and asbestos removal company– pleaded guilty to the Clean Air Act and mail fraud conspiracy involving Desnoyers. Wood admitted his role in directing the illegal removal of asbestos from numerous commercial facilities and private homes and in utilizing Desnoyer’s false air reports to fool clients into believing all the asbestos had been safely removed.

He also pleaded guilty to contempt of court for violating numerous conditions of pretrial release, including committing additional illegal asbestos abatements after he had already been indicted for such conduct. Wood testified against Desnoyers at trial.

Curtis Collins, 50, 3103 Essex Road, Willsboro, owner of Adirondack Asbestos, also pleaded guilty to conspiring with Desnoyers and Wood, and testified against Desnoyers. Collins acknowledged his role in the illegal removal of asbestos.

Sentencing as been scheduled in Utica, NY before the Hon. David N. Hurd on Feb. 13, Desnoyers faces a maximum possible term of incarceration of 25 years and a fine of $1.25 million plus restitution to victims; Wood faces a maximum possible term of incarceration of 5.5 years and a fine of $250,000, plus restitution to victims; Collins faces a maximum of incarceration of 5 years and a fine of $250,000, plus restitution to victims. 9-21-08

Source: http://www.northcountrygazette.org

September 26th, 2008 | Category: New York, News | Subscribe to comments | Comments are currently closed | Trackback URL