A California man who renovated two apartment buildings in violation of federal Clean Air Act rules intended to shield people from hazardous asbestos fibres in the air was given a one-year, one-day jail sentence and 36 months of supervised release.
A grand jury in the District of Nevada indicted Bobby Khalili, 46, of Los Angeles in September 2019 in connection with asbestos-related Clean Air Act violations at a Las Vegas apartment complex.
In connection with fresh Clean Air Act asbestos breaches at a second apartment complex that Khalili committed while out on pretrial release for the initial set of charges, the grand jury later filed a superseding indictment against him in July 2021.
On March 11, Khalili entered a plea of guilty to neglecting to securely remove asbestos before renovating each complex.
Khalili admitted during his guilty plea that he managed repair projects at both apartment buildings on behalf of Las Vegas Apartments LLC.
He further acknowledged that he knew there were asbestos-containing materials in both buildings and that he engaged untrained workers to remove those items without abiding by the Clean Air Act’s regulations for asbestos work practices.
Before doing general restoration work, asbestos-containing materials must be safely removed in accordance with those work practice requirements.
Materials containing asbestos must always be kept damp to stop dust from escaping, packed in bags that won’t leak, and disposed of at facilities that are allowed to handle asbestos waste.
Untrained workers removed asbestos-containing drywall and ceiling texture from both apartment buildings without soaking it or using containment, unleashing asbestos fibres into the air.
Khalili also acknowledged that he made efforts to elude law police at each location.
When inspectors from the Clark County Department of Air Quality found asbestos-related infractions at the first apartment complex, Khalili made an attempt to have a dumpster full of asbestos debris removed from the location.
He told the contractor in charge of the refurbishment at the second complex to mislead to inspectors about who owned and controlled the project in an effort to place the blame for the Clean Air Act breaches he wilfully committed on someone else while he was on pretrial release.
Khalili also allegedly constructed a fictitious document that claimed to demonstrate that other person’s accountability for the restoration; in reality, that person was deceased at the time of the project, according to the government’s sentencing memorandum submitted to the court.
Asbestos fibres in the air have been linked to mesothelioma, asbestosis, and lung cancer, all of which are always fatal conditions.
There is no safe threshold of asbestos exposure, according to the findings of Congress and the EPA.
The Environment and Natural Resources Division of the Justice Department’s Assistant Attorney General Todd Kim remarked, “Today’s sentencing shows that skimping on asbestos abatement will not get you off easy” (ENRD).
“These are significant charges with serious repercussions, and we will continue to work with EPA and our partners in U.S. Attorneys’ Offices to pursue prosecution of those who violate the Clean Air Act’s asbestos safety rules,” the EPA stated.
According to U.S. Attorney Jason M. Frierson for the District of Nevada, “the defendant placed the public in danger of breathing asbestos fibres by failing to observe Clean Air Act requirements.”
This punishment “sends a deterrent message that the U.S. Attorney’s Office and its partners will hold accountable people who violate federal environmental laws intended to protect workers and our communities,” according to the U.S. Attorney’s Office.
According to Special Agent in Charge Scot Adair of the EPA’s Criminal Enforcement Program in Nevada, “the defendant failed to arrange for the mandatory safe removal of asbestos-containing material.”
In an effort to trick law enforcement and authorities, the defendant also devised a complex plan.
Our dedication to holding individuals like Khalili accountable for their criminal behaviour is reflected in today’s sentencing.
The investigation was conducted by EPA special agents and members of the Clark County Department of Air Quality.
The prosecution team included Special Assistant U.S. Attorney Rachel Kent, Senior Trial Attorney Cassandra Barnum, Assistant U.S. Attorney Jean Ripley, and the Environmental Crimes Section of ENRD.