Jersey company indicted for illegal dumping
The owner of a New Jersey solid waste management
company and three of his associates were arrested on federal
charges that they conspired to transport and dump thousands of
tons of asbestos-contaminated debris at an upstate New York farm
containing wetlands, announced Ignacia S. Moreno, assistant attorney
general for the Justice Department’s Environment and Natural
Resources Division and Richard S. Hartunian, United States Attorney
for the Northern District of New York.
Julius DeSimone, Donald Torriero, Cross Nicastro II and Dominick
Mazza were arrested for the illegal dumping in Frankfort in 2006,
as detailed in the seven count indictment. Dominick Mazza’s New
Jersey-based company, Mazza & Sons Inc., was also indicted.
Arrests were made at residences in New York, New Jersey and Florida.
The defendants made their initial appearances in federal courts
in the Northern District of New York, Southern District of Florida,
and District of New Jersey.
The indictment described a scheme to illegally dump thousands
of tons of asbestos-contaminated, pulverized construction and
demolition debris that was processed at Eagle Recycling’s and
Mazza & Sons Inc.’s, New Jersey-based solid waste management
facilities. That asbestos-contaminated debris was then transported
to and dumped at Cross Nicastro II’s farm in Frankfort – much
of which contained federally-regulated wetlands. Dumping and
excavating operations were managed on-site by Julius DeSimone.
According to court documents, Donald Torriero and other conspirators
concealed the illegal dumping by fabricating a New York State
Department of Environmental Conservation (DEC) permit and forging
the name of a DEC official on the fraudulent permit. Once the
conspirators learned that they were under investigation, they
began a systematic pattern of document concealment, alteration
and destruction by destroying and secreting documents responsive
to grand jury subpoenas and falsifying and submitting environmental
sampling to the Environmental Protection Agency (EPA).
The indictment charges the defendants with conspiracy to defraud
the United States, violate the Clean Water Act and Superfund
laws, and commit wire fraud. Donald Torriero is also charged
with wire fraud associated with his fabrication and transmission
of the fake permit the conspirators used to conceal the dumping.
Mazza & Sons Inc., and its owner, Dominick Mazza, are charged
with violating the Superfund law’s requirement to report the
release of toxic materials and obstruction of justice. Dominick
Mazza and Julius DeSimone are charged with making false statements
to EPA special agents. This indictment is related to the guilty
pleas entered by Jonathan Deck and Eagle Recycling on September
3, 2009 and April 11, 2011 respectively.
The conspiracy and substantive Clean Water Act, Superfund, and
false statements counts of the indictment each carry a maximum
possible term of incarceration of 5 years and a fine of $250,000,
twice the gross gain to the defendants, or twice the gross loss
to a victim. The obstruction of justice and wire fraud counts
of the indictment each carry a maximum possible term of incarceration
of 20 years and similar fines.
An indictment is a mere accusation and all defendants are presumed
innocent until and unless convicted in a court of law.
This case was investigated by criminal investigators with the
New York State Environmental Conservation Police, Bureau of Environmental
Crimes; special agents from the EPA’s Criminal Investigation
Division and the Internal Revenue Service; investigators from
the New Jersey State Police, Office of Business Integrity Unit;
the New Jersey Department of Environmental Protection; and the
Ohio Department of Environmental Protection.