Summary of Criminal Prosecutions | Enforcement

FISCAL YEAR: 2013

From May 2008 to September 2012, Kuna advertised his services to conduct lead-based paint inspections and testing, and indicated to individuals via the internet and in person that he was certified to do so. Kuna, however, had not received the required certification and training to inspect and test target housing or child-occupied facilities for lead-based paint despite his representations that he had. Over the course of the scheme, Kuna conducted more than ten (10) such inspections. In one instance where Kuna performed lead-based paint inspections and testing, children resided in the home and Kuna provided the home owner a false negative for the detection of lead. Evidence introduced by the government at sentencing demonstrated that the defendant failed to perform the appropriate tests to determine lead in the home. As a result, some of the children in the home experienced increased lead levels in their blood.

Higuera owned the home where the children lived and admitted that he created false lead-disclosure documents and submitted them to EPA inspectors.

In January 2012, civil EPA investigators intervened in Kuna’s business activities and ordered him to stop lead-based paint inspections and testing. Despite EPA’s order, Kuna continued to advertise and perform lead-based paint inspections and testing through September 2012.

February 1, 2013

Kuna was charged with wire fraud, a violation of 18 U.S.C. 1343.

CITATION: 18 U.S.C. 1343

February 8, 2013

Kuna pled guilty to one count of wire fraud.

Press Release
District of Oregon
February 8, 2013

Vancouver Man Pleads Guilty to Lying About His Ability to Conduct Lead Testing

PORTLAND, Ore. - Martin Glaves Kuna, 66 of Vancouver, Washington, plead guilty today to one count of wire fraud before the Honorable Judge Michael H. Simon for falsely telling customers that he was certified to perform lead based paint inspections and testing in homes, where children resided, when in fact, he was not properly certified by state authorities to do so.

In response to medical studies on the health hazards presented to children by lead-based paint, Congress passed the Residential Lead-Based Paint Hazard Reduction Act (“Lead Hazard Act”). The Lead Hazard Act authorized the Environmental Protection Agency (EPA) to develop regulations to ensure, among other things, that individuals engaged in lead based paint inspections and testing were properly trained and certified. Oregon’s rules for the certification of individuals and firms engaged in lead based paint inspections and testing prohibit any person or firm to perform lead based paint inspections and testing in target housing or child occupied facilities without first receiving appropriate certification.

The Information that defendant Kuna plead guilty to states that from May 2008 to September 2012, Kuna advertised his services to conduct lead based paint inspections and testing and indicated to individuals via the internet and in person that he was certified to do so. Defendant Kuna, however, had not received the required certification and training to inspect and test target housing or child occupied facilities for lead based paint despite his representations that he had. Over the course of the scheme, defendant Kuna conducted more than ten (10) such inspections. Assistant U. S. Attorney Michelle Holman Kerin told the court during Kuna’s guilty plea that in one instance where defendant Kuna performed lead based paint inspections and testing, children resided in the home and Kuna provided the home owner a false negative for the detection of lead. In January 2012, civil EPA investigators intervened in Kuna’s business activities and ordered him to stop lead based paint inspections and testing. Despite EPA’s order, Defendant Kuna continued to advertise and perform lead based paint inspections and testing through September 2012.

U.S. Attorney Amanda Marshall, said, “Protecting children and families is one of my office’s top priorities. Laws designed to detect lead in housing help keep us safe from the well-documented, deleterious effects of lead exposure. Individuals who lie about their qualifications to perform these tasks endanger the health and welfare of anyone who falls prey to such fraud, but especially endanger the lives and health of children. When criminal conduct puts children and families at risk, we will see that justice is done.”

Tyler Amon, the Environmental Protection Agency’s Special Agent in Charge in Seattle, Washington, said “By offering a service he was not qualified or certified to deliver, defendant Kuna unnecessarily put children and families at risk using unscrupulous and unsafe business practices. Cases like this one, where people could be exposed to a potentially harmful contaminant, will be tirelessly investigated and tenaciously prosecuted.”

This investigation was conducted by Special Agent, Marc Callaghan at the EPA. The case is being prosecuted by Assistant U.S. Attorney Michelle Holman Kerin.

July 23, 2013

Kuna was sentenced to 14 months incarceration and ordered to pay a total of $2,372 in restitution to the victims.

Press Release
District of Oregon
July 23, 2013

Vancouver Man Sentenced to 14 Months in Prison for Lying About his Ability to Conduct Lead Testing

PORTLAND, Ore. – Martin Glaves Kuna, 66, of Vancouver, Washington, was sentenced yesterday to 14 months in prison by the U.S. District Judge Michael H. Simon after pleading guilty today to one count of wire fraud. Kuna falsely advertised and told customers that he was certified to perform lead-based paint inspections and testing in homes where children resided, when in fact, he was not properly qualified or certified by state authorities to do so.

In response to medical studies on the health hazards presented to children by lead-based paint, Congress passed the Residential Lead-Based Paint Hazard Reduction Act (“Lead Hazard Act”). The Lead Hazard Act authorized the Environmental Protection Agency to develop regulations to ensure, among other things, that individuals engaged in lead-based paint inspections and testing were properly trained and certified. Oregon’s rules for the certification of individuals and firms engaged in lead-based paint inspections and testing prohibit any person or firm to perform lead-based paint inspections and testing in target housing or child-occupied facilities without first receiving appropriate certification.

From May 2008 to September 2012, Kuna advertised his services to conduct lead-based paint inspections and testing, and indicated to individuals via the internet and in person that he was certified to do so. Kuna, however, had not received the required certification and training to inspect and test target housing or child-occupied facilities for lead-based paint despite his representations that he had. Over the course of the scheme, Kuna conducted more than ten (10) such inspections. In one instance where Kuna performed lead-based paint inspections and testing, children resided in the home and Kuna provided the home owner a false negative for the detection of lead. Evidence introduced by the government at sentencing demonstrated that the defendant failed to perform the appropriate tests to determine lead in the home. As a result, some of the children in the home experienced increased lead levels in their blood.

In January 2012, civil EPA investigators intervened in Kuna’s business activities and ordered him to stop lead-based paint inspections and testing. Despite EPA’s order, Defendant Kuna continued to advertise and perform lead-based paint inspections and testing through September 2012. In sentencing Kuna, Judge Simon declared, “Our first duty in society as adults is to protect children.” Following his findings and imposition of 14 months in prison, Judge Simon told the defendant, “The bottom line is, the actions you engaged in put children at risk. Our society just cannot allow that.”

“Protecting children and families is the guiding principle behind our work,” said U.S. Attorney Amanda Marshall. “This investigation and prosecution uncovered a significant public health risk. The defendant’s lies caused young children to be exposed to dangerous levels of lead. This office, along with our partners at EPA, will continue to seek criminal penalties for those who break the law and threaten the health of our children.”

“Defendant Kuna, untrained and uncertified to perform the lead-based paint inspection and testing services he sold to unsuspecting families, put children’s health in jeopardy,” said Tyler Amon, Special Agent-in-Charge of EPA’s Criminal Investigation Division in Seattle. “I commend the diligence of the Smith family, who by questioning the services of Mr. Kuna, started a federal investigation and prevented further exposure and injury to their children. This prosecution and conviction speaks for itself – if ‘business-as-usual’ includes exposing children to lead, you will pay the price.”

The investigation was conducted by the Environmental Protection Agency, and the prosecution was handled by Assistant U.S. Attorney Michelle Holman Kerin.

August 13, 2013

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

CITATION: 15 U.S.C. 2615(b)

September 16, 2013

Higuera pled guilty to the charge.

September 16, 2013

Higuera was sentenced to 12 months probation. No fine was imposed.

STATUTE:

Title 18 U.S. Criminal Code (TITLE 18)
Toxic Substances Control Act (TSCA)