Summary of Criminal Prosecutions
FISCAL YEAR: 1997
1. PRINCIPAL DEFENDANT: Refrigeration USA
S.D. Florida CR:96-0267-CR-MORENO
S.D. Florida CR:96-0267-CR-MORENO
2. DEFENDANT: Diana McNally
S.D. Florida CR:96-0267-CR-MORENO
S.D. Florida CR:96-0267-CR-MORENO
3. DEFENDANT: Lisa Salazar
S.D. Florida CR:96-0267-CR-MORENO
S.D. Florida CR:96-0267-CR-MORENO
4. DEFENDANT: Roland Wood
S.D. Florida CR:96-0267-CR-MORENO
S.D. Florida CR:96-0267-CR-MORENO
The defendants unlawfully imported more than 4,000 tons of CFC-12, an ozone depleting refrigerant gas, commonly known as Freon. The defendants failed to pay more than $22 million in excise tax. They submitted false bills of lading to the EPA asserting that the imported Feron had been re-exported when it was actually sold domestically by the defendants.
March 26, 1996
Refrigeration USA was charged in an Indictment with violating the CAA {42 U.S.C. 7413 - knowingly violates}; smuggling {18 U.S.C. 545}; conspiracy {18 U.S.C. 371} and tax evasion {26 U.S.C. 7201}.
CITATION: 18 U.S.C. 371, 18 U.S.C. 545, 26 U.S.C. 7201, 42 U.S.C. 7413(c)(4)
March 9, 1996
The remaining defendants were all charged with the same type of counts as Refrigeration USA.
May 28, 1997
Prior to their schedule trial, all defendants agreed to a plea agreement.
August 19, 1997
Salazar was sentenced to 60 months probation and ordered to pay a $15,000 fine.
August 22, 1997
McNally was sentenced to 30 days incarceration, 36 months of supervised release and ordered to pay a $15,000 fine.
Refrigeration USA was sentenced to 60 months probation and ordered to pay a fine totally $37,372,826.
August 29, 1997
Wood was sentenced to 37 months incarceration, 36 months of supervised release and ordered to pay a $375,000 fine.
STATUTE:
- Clean Air Act (CAA)