(#00188) New York -- Daniel J. French, United States Attorney for the Northern District of New York and Jeanne M. Fox, Regional Administrator of the United States Environmental Protection Agency, announced today the conviction after trial of Joseph P. Thorn, for conspiracy to launder money and for the illegal abatement of asbestos from 1995 through 1999 throughout Central and Upstate New York. Thorn was also ordered to forfeit to the United States $939,079.98 in funds he utilized to promote his illegal activities.
Thorn, 38, of 408 Washington Avenue, Rensselaer, New York, was the former owner of A+ Environmental Services, Inc., an asbestos abatement company which had been located at 10 Forbes Avenue, Hilton Industrial Park, Building E, Rensselaer, N. Y. The evidence at trial established the illegal removal of asbestos at more than 1,000 facilities in Central and Upstate New York including elementary schools, churches, nursing homes, hospitals, State Police barracks, the New York Legislative Office Building, and enumerable other public buildings and private residences. Witnesses including former employees testified to "rip and skip" activities directed by Mr. Thorn that included indoor "snow storms", a euphuism for the release of large amounts of visible asbestos into the air during the removal process. Evidence established that workers were knowingly sent into asbestos "hot zones" without respirators or without being directed to wear respirators and without being given sufficent replacement filters for the respirators. Thorn falsified medical clearance evaluations required to be completed by doctors prior to workers performing asbestos abatement work.
Thorn conspired with accredited laboratories to falsify air monitoring required by law to measure asbestos exposure to workers and those who occupy the buildings following the purported removal. The evidence established that in enumerable instances falsified air results were submitted to clients to fraudulently demonstrate that the asbestos had been fully removed. In at least one instance government witnesses testified to finding large quantities of asbestos remaining after the purported cleanup. Workers from that business had been present in the facility for several years prior to the discovery. A worker testified that he and co-workers frequently had a white substance fall down on them from pipes throughout the building prior to learning that it was asbestos. The facility was immediately closed following the government inspection.
The jury determined that nearly one million dollars was subject to forfeiture upon Thorn's conviction for money laundering. The proof demonstrated that the defendant obtained this money by fraudulently promising to perform the abatements in compliance with all federal, state and local laws, despite having no such intent.
The United States has contacted all identifiable victims of the illegal asbestos practices of Thorn and A+ Environmental Services, Inc. However, records relating to many private residences where illegal work was performed were not kept by A+ Environmental after several years. Therefore, the United States urges any homeowner who had asbestos abatement done by this company or its predecessor A+ Asbestos Abatement to have the work rechecked.
Asbestos had been determined to cause various forms of cancer and asbestosis, a nearly always fatal lung disease. The Environmental Protection Agency has determined that there is no safe level of exposure to asbestos.
The conviction carries a maximum possible penalty of sixty-five years in jail and a $4,128,000.00 fine. The Hon. Frederick J. Scullin presided over the three week trial. Sentencing has been set for February 13, 2001 at 2:00 p.m. in Syracuse, New York.
Investigation of this matter was conducted by Special Agents of the United States Environmental Protection Agency, Internal Revenue Service, U. S. Postal Inspection Service. U.S. Army Criminal Investigation Division, and the New York State Office of Inspector General. Assistance was also provided by representatives of the N.Y.S. Departments of Labor and Health. The matter was prosecuted by Assistant United States Attorney Craig A. Benedict, who can be reached at 315-448-0672. |