Three Utica men indicted in environmental / asbestos case

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UTICA, N.Y. - Andrew T. Baxter, United States Attorney for the Northern District of New York, announced the Indictment of Paul Mancuso, 45, of Utica; Lester Mancuso, 70, Utica; and Steven Mancuso, 37, of Utica, in an environmental/asbestos case.

The Indictment charges each of the defendants with conspiracy to 1) defraud the United States; 2) violate the Clean Air Act; 3) violate the Superfund Act; and 4) commit mail fraud, all related to illegal asbestos removal activities at numerous locations throughout central and
upstate New York.

Paul and Lester Mancuso were also charged with substantive violations
of Clean Air Act and the Superfund Act.

In 2003, Paul Mancuso was convicted of violations of the Clean Air Act related to illegal asbestos removal and disposal activities. In 2004, he was convicted of insurance fraud related to his prior asbestos business.

As a result of Paul Mancuso’s prior convictions, he was prohibited from engaging in, directly or indirectly, any asbestos abatement activities and
associating with anyone who was engaged in any violations of law.
Paul and Steven Mancuso are brothers, and Lester Mancuso is their father.

The present indictment charges that Paul Mancuso set up companies in the names of relatives and associates to hide his continued involvement with asbestos removal. He and his father thereafter engaged in numerous illegal asbestos abatement activities that contaminated
various businesses and homes, and, on multiple occasions, dumped asbestos from his removal jobs by the side of roads.

Steven Mancuso, an attorney, is charged in the conspiracy count with aiding his family in its illegal asbestos activities by preparing false and fraudulent documents to make it appear that their activities were legal and that they were entitled to payment for their work. Paul
Mancuso and his family ran their illegal asbestos business from the offices of Steven Mancuso’s law firm.

Ronald Mancuso, also a brother of Paul and Steven Mancuso and the son of Lester Mancuso, pled guilty in federal district court on October 2, 2008 to a conspiracy to violate the Superfund Act. Among other things, Ronald Mancuso admitted being involved in activities associated with the illegal dumping of the asbestos on the side of roads.

If convicted, Paul Mancuso faces a maximum possible penalty of 55 years in jail and a fine of up to $2,750,000. Lester Mancuso faces a maximum possible penalty of 23 years in jail, and a fine of up to $1,250,000.

Steven Mancuso faces a maximum possible penalty
of five years in jail, and a fine of up to $250,000. Ronald Mancuso faces a maximum possible penalty of three years in jail, and a fine of up to $250,000.

The allegations in the Indictment are mere accusations and all persons are presumed innocent until and unless proven guilty beyond a reasonable doubt in a court of law.

Asbestos has been determined to cause lung cancer, asbestosis and mesothelioma, an invariably fatal disease. The Environmental Protection Agency has determined that there is no safe level of exposure to asbestos.

This case was investigated by Special Agents of the Environmental Protection Agency and Investigators of the New York State (NYS) Department of Environmental Conservation.

Assistance was provided by the NYS Department of Labor, Asbestos Control Bureau; the NYS Worker’s Compensation Board, Office of Fraud Inspector General; and the NYS Insurance Fund, Division of Confidential Investigations.

The case is being prosecuted by Assistant United States Attorney Craig A. Benedict and Todd W. Gleason, Trial Attorney, U.S. Department of Justice, Environmental Crimes Section.

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