Miami Man Sentenced to 18 Months in Prison for Smuggling Refrigerant (HQ, FL)
WASHINGTON –Today, U.S. District Court Judge Adalberto
Jordan sentenced Brendan Clery, 34, to 18 months in prison and
ordered him to pay a $10,000 criminal fine and forfeit illegal
proceeds in the amount of $935,240. Clery pleaded guilty in April
2011 to knowingly importing approximately 278,256 kilograms of
illegal hydrochlorofluorocarbon - 22 (HCFC-22, also known as R-22)
into the United States. HCFC-22 is an ozone-depleting substance
regulated by EPA under the Clean Air Act (CAA). HCFC-22 depletes
the ozone layer, resulting in increased ultraviolet radiation-B
(UV-B) reaching the Earth’s surface, which in turn leads to a
greater chance of overexposure to UV radiation and the risks of
health effects, such as skin cancer, cataracts, and suppression of
the immune system.
"EPA takes seriously the smuggling of illegal substances that can
harm the ozone layer, which protects us from harmful UVB radiation
that can cause skin cancer and cataracts,” said Cynthia
Giles, assistant administrator for EPA’s Office of
Enforcement and Compliance Assurance. “Today’s
sentencing is an example of EPA’s commitment to aggressively
enforce U.S. laws and meet our international obligations."
According to court records and statements, in 2005, Clery formed
and served as president of Lateral Investments LLC, a corporation
he established in Florida for the purpose of importing merchandise,
including refrigerant gas he intended to sell illegally. Between
June and August 2007, Clery illegally smuggled approximately
278,256 kilograms or 20,460 cylinders of restricted HCFC-22
from China, with a market value of $1,438,270, and at no time did
Clery or Lateral Investments hold the consumption allowances
required to legally import HCFC-22.
EPA established a schedule to phase out the production and
importation of ozone-depleting substances, with a complete phaseout
starting in 2030. To meet its obligations under the Montreal
Protocol, an international treaty designed to protect the ozone
layer, EPA issued baseline consumption allowances for the
production and importation of HCFC-22 to individuals and companies.
To legally import HCFC-22 for consumption, one must hold and expend
one consumption allowance for each kilogram of HCFC-22 imported
into the United States.
This case was part of a larger criminal investigation known as
Operation Catch-22. It was investigated by the Environmental
Protection Agency, U.S. Immigration and Customs Enforcement, and
the Florida Department of Environmental Protection, Criminal
Investigation Bureau, and prosecuted by special assistant U. S.
Attorney Jodi A. Mazer.
More information on EPA’s criminal enforcement
program:http://www.epa.gov/compliance/criminal/index.html