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GLOVERSVILLE---A Gloversville man has pleaded guilty to crimes related to illegal asbestos removal activities throughout New York State.
Sheon DiMaio, 37, was sentenced in U.S. District Court in Syracuse to 3 1/2 years in prison and two years of supervised release following his release from prison. He is also required to participate in a substance abuse program and contribute to his costs of treatment.
DiMaio was an asbestos supervisor for AAR Contractor, Inc., an Albany asbestos abatement company formerly owned by Alex and Raul Salvagno. In late 2004, following a five month trial, Alex and Raul Salvagno were sentenced to serve 25 and 19.8 years in prison, respectively, which constitute the longest terms of incarceration ever handed down in the United States for environmental crimes.
Prior to the Salvagno trial, Sheon DiMaio pled guilty to conspiracy to violate the Clean Air Act and the Toxic Substances Control Act, and to violating the Clean Air Act. He admitted engaging in, and directing others to engage in, years of illegal asbestos removals on behalf of the Salvagnos and AAR.
The evidence at trial established that for 10 years, the Salvagnos directed their workers to engage in grossly illegal asbestos abatement. From 1990 until 1999, Alex Salvagno secretly and illegally co-owned a purportedly independent laboratory, Analytical Laboratories of Albany, Inc., (ALA). The Salvagnos used ALA to defraud victims by creating fraudulent laboratory analysis results which they used to convince clients that all asbestos had been properly removed as promised by the defendants.
Trial evidence further established that illegal collusion between AAR and ALA occurred at more than 1,555 facilities throughout New York State. Many of these projects also involved improper abatement. Falsification of up to 75,000 laboratory samples allowed the defendants to conceal their improper asbestos abatement at elementary schools, churches, hospitals, State Police barracks, the New York Legislative Office Building, and other public buildings and private residences. Witnesses, including many former AAR and ALA employees, testified to "rip and run" activities directed by the Salvagnos and co-defendants that included indoor "snow storms," an euphemism for the release of large amounts of visible asbestos into the air during the removal process. Evidence established that workers were knowingly sent into asbestos "hot zones" while being encouraged to work illegally without respirators, or without sufficient replacement filters for the respirators.
In imposing the term of incarceration against DiMaio, and previously against the Salvagnos and other co-defendants, the Court upheld pre-sentence findings that the asbestos crimes resulted in the substantial likelihood of death and serious bodily injury to numerous individuals. Nationally renown experts testified for the United States at the Salvagnos' sentencing hearing that most of the 100 worst exposed former AAR workers are substantially likely to contract asbestosis, lung cancers and mesothelioma, an invariable deadly form of cancer. The criminal conspiracy involved as many as 500 AAR and Analytical Laboratories workers, who also are at risk.
Federal agents returned to numerous facilities where AAR had performed purportedly complete asbestos abatement and where ALA had produced passing final air clearance results. The agents found high levels of asbestos remaining at numerous locations including churches banks, cafeterias, military housing, elementary schools, a children's Museum and private residences. Notification by the U.S. Attorney's Offices to all known victims resulted in additional places of contamination being found.
Asbestos has been determined to cause various forms of cancer and asbestosis, a lung disease that is nearly always fatal. The Environmental Protection Agency has determined that there is no safe level of exposure to asbestos.
Senior U. S. District Court Judge Howard G. Munson presided over the trial of this case including the sentencing of the Salvagnos, DiMaio, and other cooperating co-defendants. Ten other former high level supervisors of AAR and Analytical Laboratories remain to be sentenced in February and early March. 2-19-06
© 2005 North
Country Gazette
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