Eisenstein was charged with violating TSCA {15 U.S.C. 2615(b) - knowingly violates}.

He pled guilty to the charge.

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Press Release
District of New Jersey
December 21, 2012

Mercer County, N.J., Man Admits Performing Illegal Lead Inspections In Homes

NEWARK, N.J. – A Mercer County, N.J., man today admitted illegally performing lead inspections on residences without proper certification, U.S. Attorney Paul J. Fishman announced.

Ira Eisenstein, 63, of Princeton, N.J., pleaded guilty today before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court to an Information charging him with three counts of violating the Toxic Substances Control Act (“TSCA”), a statute that was enacted to protect against unreasonable risks to human health and the environment through the regulation of harmful chemicals such as lead.

The Act directs the U.S. Environmental Protection Agency to promulgate regulations to ensure that individuals conducting lead inspections of houses are certified to do so. The TSCA also permits states to develop their own lead inspector certification program at least as stringent as EPA’s. Once a state program is approved, the state is authorized to certify lead inspectors in that state. The State of New Jersey has developed a lead inspector certification program that has been fully approved by EPA.

According to documents filed in this case and statements made in court:

Eisenstein owned a home inspection business in Princeton and performed lead inspections on residential properties. Eisenstein admitted that on three separate dates from March 26, 2007, through Sept. 21, 2009, he performed lead inspections on houses without the required New Jersey state certification.

The charges to which Eisenstein pleaded guilty each carry a maximum potential penalty of one year in prison and a fine of $100,000. Sentencing is scheduled for April 9, 2013.

U.S. Attorney Fishman credited special agents of the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent in Charge William V. Lometti, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Kathleen P. O'Leary of the U.S. Attorney's Office Health Care and Government Fraud Unit in Newark.