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FISCAL YEAR: 2012
1. PRINCIPAL DEFENDANT: Josimar Ferreira
D.  Massachusetts  10-CR-10245
During the period of 2007 through 2010, Josimar Ferreira operated TVF Pest Control, Inc., a pest extermination company located in Everett, Massachusetts. He told his clients that he could eradicate bed bugs from their homes with his use of a “special” mixture, supposedly approved for indoor application. In fact, Ferreira was applying a pesticide containing the insecticide Malathion, a pesticide registered with the Environmental Protection Agency. Malathion is not approved for indoor use and its label does not permit indoor application. Ferreira applied the Malathion to indoor living spaces including a baby crib, mattresses, bed frames, baseboards, closets and furniture.



July 30, 2010
Ferreira was charged with 16 counts of violating FIFRA {7 U.S.C. 136j(a)(2)(G) - to use any registered pesticide in a manner inconsistent with its labeling} and 1 count of making false statements, a violation of 18 U.S.C. 1001.

CITATION: 33 USC 1319, 7 U.S.C. 136J(a)(2)(G)
September 1, 2011
Ferreira pled guilty to all counts.


Press Release

Department of Justice
NEWS RELEASE
SEPTEMBER 1, 2011

BEDBUG EXTERMINATOR GUILTY OF UNLAWFUL USE OF PESTICIDES

BOSTON, Mass. - A former Everett man was convicted today in federal court of the improper use of pesticides and making false statements to federal agents.

JOSIMAR FERREIRA, an illegal alien from Brazil, pleaded guilty before U.S. District Judge Joseph L. Tauro to sixteen counts of violating the Federal Insecticide, Fungicide and Rodenticide Act and one count of making false statements.

Had the case proceeded to trial the government’s evidence would have proven that during the period of 2007 through 2010, Ferreira operated TVF Pest Control, Inc., a pest extermination company located in Everett. The defendant told his clients that he could eradicate bed bugs from their homes with his use of a “special” mixture, supposedly approved for indoor application. In fact, Ferreira was applying a pesticide containing the insecticide Malathion, a pesticide registered with the Environmental Protection Agency. Malathion is not approved for indoor use and its label does not permit indoor application. Ferreira applied the Malathion to indoor living spaces including a baby crib, mattresses, bed frames, baseboards, closets and furniture.

United States Attorney Carmen M. Ortiz said, “It is common knowledge that exposure to pesticides can have horrific effects on humans. To use them in such a reckless manner is unacceptable and will not be tolerated in this jurisdiction.”

Special Agent in Charge Michael E. Hubbard of the U.S. Environmental Protection Agency Criminal Investigation Division in Boston said, “The EPA Criminal Investigation Division will aggressively investigate and pursue anyone who puts the American public and its children at risk by using dangerous chemicals illegally.”

Judge Tauro scheduled sentencing for November 22. Ferreira faces up to five years in prison to be followed by three years of supervised release and a $250,000 fine.

U.S. Attorney Ortiz and Special Agent in Charge Hubbard made the announcement today. The case was investigated by the U.S. Environmental Protection Agency Criminal Investigation Division with assistance from the Massachusetts Department of Agricultural Resources. It is being prosecuted by Assistant U.S. Attorney Lori J. Holik and Anton Geidt, and Special Assistant U.S. Attorney Peter Kenyon.


November 30, 2011
Ferreira was sentenced to 24 months probation and ordered to pay a $3,000 federal fine.


Press Release

Department of Justice
NEWS RELEASE
November 30, 2011

BEDBUG EXTERMINATOR GUILTY OF UNLAWFUL USE OF PESTICIDES

BOSTON - A former Everett man was sentenced today in federal court for the improper use of pesticides and making false statements to federal agents.

Josimar Ferreira, 37, was sentenced by U.S. District Judge Joseph L. Tauro to a period of probation of two years with a requirement that the first four months be served in home confinement with electronic monitoring and a fine of $3,000. As a special condition of his probation Ferreira is also ordered to comply with a July 2009 order of the Massachusetts Department of Agricultural Resources. Ferreira pleaded guilty on September 1, 2011.

During the period of 2007 through 2010, Ferreira operated TVF Pest Control, Inc., a pest extermination company located in Everett. The defendant told his clients that he could eradicate bed bugs from their homes with his use of a “special” mixture, supposedly approved for indoor application. In fact, Ferreira was applying a pesticide containing the insecticide Malathion, a pesticide registered with the Environmental Protection Agency. Malathion is not approved for indoor use and its label does not permit indoor application. Ferreira applied the Malathion to indoor living spaces including a baby crib, mattresses, bed frames, baseboards, closets and furniture.

United States Attorney Carmen M. Ortiz and Michael E. Hubbard, Special Agent in Charge of the U.S. Environmental Protection Agency Criminal Investigation Division in Boston made the announcement today. The case was investigated by the EPA’s Criminal Investigation Division with assistance from the Massachusetts Department of Agricultural Resources. The case was prosecuted by Assistant U.S. Attorney Lori J. Holik of Ortiz’s Economic Crimes Unit.


STATUTE:
  • Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

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