US HFC refrigerant smuggler pleads guilty
26th September 2024
USA: Michael Hart, the man who was arrested and charged in March with smuggling HFC refrigerants into the US from Mexico, has pleaded guilty before a federal court on Tuesday.
The man from San Diego, California, admitted conspiring to illegally importing the refrigerant and selling them for a profit in violation of the American Innovation and Manufacturing Act of 2020.
In addition to the HFCs, Hart also admitted to conspiring to illegally import the ozone depleting HCFC R22, which is banned under the US Clean Air Act.
As set forth in court documents, from about June to December 2022, Hart offered HFCs and HCFCs for sale via OfferUp, Facebook Marketplace and other internet sites. He then communicated with conspirators in the United States, who placed purchase orders for the refrigerants with Hart.
Once the orders were placed, Hart purchased the refrigerants in Mexico with the help of his conspirators and illegally imported them into the United States concealed in his vehicle. Thereafter, Hart illegally sold the refrigerants to others in the United States, profiting from the black market for such refrigerants in the United States.
According to the SiliconValley.com website, the original indictment charged Hart with 13 counts of conspiracy, importation contrary to law and sale of merchandise imported contrary to law. Under a plea deal on the conspiracy charge, Hart agreed to pay $1,500 in restitution for the cost of disposing of the refrigerants, with prosecutors agreeing to dismiss the other 12 counts.
Speaking after the guilty plea, David M Uhlmann, EPA assistant administrator of the office of enforcement and compliance assurance, said: “Today’s guilty plea for the first-ever HFC arrest demonstrates EPA’s commitment to vigorously enforcing our laws at all US borders and ports to prevent illegal HFC canisters from entering the US.”
Hart faces a maximum of five years in prison, though prosecutors agreed to recommend a lesser term, and a fine of $250,000. He is scheduled to be sentenced on December 9.
Related stories:
HFC smuggler faces charges under US AIM Act – 5 March 2024
USA: A San Diego man has been arrested and charged with smuggling HFC refrigerants into the US from Mexico and selling them in contravention of the AIM Act. Read more…
