Summary of Criminal Prosecutions
FISCAL YEAR: 2010
1. PRINCIPAL DEFENDANT: Scott H. Tucker
N.D. Ohio 3:10-CR-113/1:10-CR-99
N.D. Ohio 3:10-CR-113/1:10-CR-99
2. DEFENDANT: Jaline Tucker
N.D. Ohio 1:09-CR-57
N.D. Ohio 1:09-CR-57
The defendant was involved in the illegal removal of asbestos from the former V.K. Hardwoods facility in Wyoming, Michigan.
Additionally, Scott Tucker directed the illegal removal of asbestos from the Haughton Elevator facility in Toledo, Ohio.
Additionally, Scott Tucker directed the illegal removal of asbestos from the Haughton Elevator facility in Toledo, Ohio.
February 25, 2009
Jaline Tucker was indicted on two counts of knowingly violating the CAA, a violation of 42 U.S.C. 7413(c)(1).
Scott Tucker was indicted on a total of 7 counts, 4 counts for violating the CAA asbestos NESAHP and three counts of violating TSCA.
CITATION: 42 U.S.C. 7413(c)(1)
February 3, 2010
Jaline Tucker pled guilty to the charge and was sentenced to a $1,000 federal fine.
February 12, 2010
Scott Tucker pled guilty to one CAA count as charged in the Indictment.
March 11, 2010
Scott Tucker was charged in an Information with one count of knowingly violating the CAA {42 U.S.C. 7413(c)(1)}.
He pled guilty to the charge.
May 18, 2010
Scott Tucker was sentenced to 13 months incarceration, 36 months probation and ordered to pay a $500 federal fine for each of the above identified cases, respectively. the incarceration and supervised release are to be served concurrently for each case.
Northern District of Ohio
News Release
May 18, 2010 Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that Scott H. Tucker, age 43, of Saugatuck, Michigan, was sentenced to 13 months of imprisonment following his plea of guilty to the illegal handling of asbestos at demolition projects in Ohio and Michigan. Tucker was also fined $1,000 and required to serve three years on supervised release following his imprisonment. During the sentencing, U.S. District Judge Robert Holmes Bell said Tucker had shown disrespect for the law and the regulators. Mr. Tucker was charged in separate cases with violating asbestos regulations under the Clean Air Act. In the Ohio case, Mr. Tucker’s company, H&M Demolition Company of Holland, Michigan, was contracted to demolish the former Haughton Elevator building in Toledo, Ohio. In demolishing the building in February 2007, H&M employees under the direction of Scott Tucker, failed to comply with federal regulations in the removal of asbestos within the building. Specifically, the asbestos pipe insulation was not adequately wet when it was stripped and removed. Further, Mr. Tucker failed to notify the Toledo Environmental Services in advance of the demolition work, as required by law. In the Michigan case, Mr. Tucker was responsible for demolition work of a facility in Wyoming, Michigan. Mr. Tucker knew that asbestos was present, but failed to comply with regulations, including using water on the debris to reduce emissions of hazardous asbestos dust. Asbestos is a known cause of deadly diseases such as mesothelioma and asbestosis. Mr. Dettelbach stated, “When contractors don’t follow environmental rules, it threatens the safety of workers and the air we all breath. That is not acceptable.” The case was prosecuted by Assistant U.S. Attorney Tom Karol and Special Assistant U.S. Attorney Brad Beeson in Ohio and Assistant U.S. Attorney Julie Woods and Special Assistant U.S. Attorney David M. Taliaferro in Michigan. In the Ohio case the investigating agencies were the U.S. EPA Criminal Investigation Division, the Ohio Bureau of Criminal Identification and Investigation, and the Ohio Environmental Protection Agency, Office of Special Investigations, all members of the Northwest Ohio Environmental Crimes Task Force.
Northern District of Ohio
News Release
May 18, 2010 Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that Scott H. Tucker, age 43, of Saugatuck, Michigan, was sentenced to 13 months of imprisonment following his plea of guilty to the illegal handling of asbestos at demolition projects in Ohio and Michigan. Tucker was also fined $1,000 and required to serve three years on supervised release following his imprisonment. During the sentencing, U.S. District Judge Robert Holmes Bell said Tucker had shown disrespect for the law and the regulators. Mr. Tucker was charged in separate cases with violating asbestos regulations under the Clean Air Act. In the Ohio case, Mr. Tucker’s company, H&M Demolition Company of Holland, Michigan, was contracted to demolish the former Haughton Elevator building in Toledo, Ohio. In demolishing the building in February 2007, H&M employees under the direction of Scott Tucker, failed to comply with federal regulations in the removal of asbestos within the building. Specifically, the asbestos pipe insulation was not adequately wet when it was stripped and removed. Further, Mr. Tucker failed to notify the Toledo Environmental Services in advance of the demolition work, as required by law. In the Michigan case, Mr. Tucker was responsible for demolition work of a facility in Wyoming, Michigan. Mr. Tucker knew that asbestos was present, but failed to comply with regulations, including using water on the debris to reduce emissions of hazardous asbestos dust. Asbestos is a known cause of deadly diseases such as mesothelioma and asbestosis. Mr. Dettelbach stated, “When contractors don’t follow environmental rules, it threatens the safety of workers and the air we all breath. That is not acceptable.” The case was prosecuted by Assistant U.S. Attorney Tom Karol and Special Assistant U.S. Attorney Brad Beeson in Ohio and Assistant U.S. Attorney Julie Woods and Special Assistant U.S. Attorney David M. Taliaferro in Michigan. In the Ohio case the investigating agencies were the U.S. EPA Criminal Investigation Division, the Ohio Bureau of Criminal Identification and Investigation, and the Ohio Environmental Protection Agency, Office of Special Investigations, all members of the Northwest Ohio Environmental Crimes Task Force.
STATUTE:
- Clean Air Act (CAA)