FOR IMMEDIATE RELEASE ENR
THURSDAY, JANUARY 9, 1997 (202) 514-2008
TDD (202) 514-1888
NATION-WIDE ENFORCEMENT INITIATIVE SNARES SMUGGLERS
OF BANNED REFRIGERANT THAT DESTROYS OZONE LAYER
Charges Filed from Coast-to-Coast Against CFC Smugglers
WASHINGTON, D.C. -- Moving to head off a growing black
market that threatens the earth's fragile ozone layer, the United
States today charged more than a dozen individuals and businesses
across America with smuggling freon gas across the border.
Freon, the popular brand name for a chloroflourocarbon also
know as CFC-12, is known to destroy the ozone layer, and has been
banned from import or production for domestic use in the United
States since January 1996.
The charges stem from a new National CFC Enforcement
Initiative of the U.S. Department of Justice, U.S. Customs, the
Environmental Protection Agency and the Federal Bureau of
Investigation to stop the flow of the banned chemicals into the
United States.
The charges were filed by U.S. Attorney's offices in San
Diego, Los Angeles, Houston, Miami, and Savannah, Georgia.
"These charges are a part of the National CFC Enforcement
Initiative designed to detect and deter the smuggling of CFC's
into the United States," said Attorney General Janet Reno. "To
CFC smugglers, we say: we will find you, we will shut down this
black market, and we will not let you endanger our ecosystem and
our children for a few dollars."
"Today's action sends a clear message that we will not
tolerate smugglers who jeopardize the health of American families
and people around the world," said EPA Administrator Carol M.
Browner. "Ozone destroying chemicals were banned to protect
public health from cancer-causing exposure to harmful ultra-
violet rays, and we must be vigilant in enforcing that
commitment."
"U.S. Customs is proud of its continuing success in
interdicting smuggled chloroflourocarbons, and proud of its role
in helping prosecute those individuals who wilfully violate the
law and harm the environment for profit," said U.S. Customs
Commissioner George J. Weise. "We look forward to continuing our
close cooperation with all agencies charged with enforcing the
laws that protect us from these harmful chemicals."
"The FBI is proud to work with the U.S. Customs, the U.S.
EPA, and other state and federal agencies, to address this crime
problem in an effort to remove these destructive chemicals from
the environment," said FBI Director Louis J. Freeh. "This
coordinated initiative puts perpetrators on notice that they face
the full force of federal law enforcement when they smuggle
illegal CFCs. The FBI considers these cases very serious, from
the standpoint of both environmental crimes and government
fraud."
The importation of refrigerants belonging to the class of
chemicals known as CFCs, have been banned in the U.S. in
conjunction with the international agreement known as the
Montreal Protocol. The agreement, signed in 1987, established a
phase-out schedule for CFCs leading to their outright ban in the
United States and other developed countries as of January 1996.
Unscrupulous smugglers have created a black market for the
ozone destroying chemicals. In addition to profits from the
sale, they defraud the government from excise taxes levied on
CFCs.
There is an existing stockpile of legal CFCs in the United
States, estimated to last another two years. These existing
stockpiles are sold to certified distributors and service
stations. The stocks are primarily used to refill air
conditioning systems in the approximately 80 million cars made
before 1994, that are on the nation's roads. Once the supply of
CFCs is used up, a safe alternative refrigerant exists that can
be used in older vehicles, with a $50 to $300 modification.
The following districts announced charges today:
Central District of California
Dennis O'Meara was charged in an indictment alleging
that he attempted to smuggle more than 28 tons of CFCs
into the U.S. through the Port of Los Angeles.
Southern District of California
Evilfrido Lopez, Feliciano Torres, Vicente Salazar, and
Javier Cruz Flores were charged with conspiracy to
smuggle over 3,000 pounds of CFCs across the U.S.-Mexico border.
This case is the tenth prosecution for cross-border CFC
smuggling brought by the San Diego U.S. Attorney's
Office.
Southern District of Texas
Filed a five count indictment charging three
individuals, Terry G. Stivrins, Gregory G. Wajda and
Carlos D. Rojas, with conspiracy, illegal importation
of CFCs and receiving and transporting smuggled
merchandise.
The charges in the indictment involve the smuggling of
over 1,000 pounds of CFCs.
This case represents one of several similar cases
involving CFC smuggling along the Texas-Mexican border
brought by the Houston U.S. Attorney's Office.
Southern District of Florida
Three individuals were charged for their roles in
conspiracies to smuggle CFCs into the U.S., including
Michael L. Pejcinovik, who was arrested on January 8.
Charged separately were Lewis M. Steinberg and Joseph
Surujon.
Operation "Cool Breeze" has already resulted in over a
dozen convictions of CFC smugglers, including millions
in criminal fines and 57 months imprisonment for the
most egregious violator.
Southern District of Georgia
Johnny Willis Simpson was indicted for conspiracy to
smuggle CFCs into the U.S. The United States alleges
that Simpson conspired with others in an attempt to
smuggle 150,000 pounds of CFCs across the U.S.-Mexico
border.
An indictment represents charges brought by a federal grand
jury and is not itself evidence. The government has the burden
of proving the charges at trial beyond a reasonable doubt.
Investigations under the National CFC Enforcement Initiative into
illegal importation and sale of CFCs are continuing.
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