Enfojgpment and
Coraiance Assu1
s-F-98-oo-y
1998
epa.gov
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greater incidence of
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;r, cataracts, and
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>ps arid reduce fishery
fields.
BEWARE.'
If you knowingly buy or possess
illegal chlorofluorocarbons (CFCs)
smuggled into the United States,
you are committing a punishable,
criminal offense. If you are a
wholesaler, distributor, or retailer
of CFCs, you are responsible for
ensuring the CFCs you buy are
legal. You should be able to
describe the diligent efforts you
take to make sure the CFCs you
possess were not smuggled into
the United States.
This flyer describes potential
consequences you might face if
you purchase or possess illegal
CFCs, as well as some of the
steps you can take to be sure you
are purchasing legal CFCs.
WHAT ARE THE PENALTIES
FOR PURCHASING OR
POSSESSING ILLEGAL CFCs?
The most immediate conse-
quence of possessing illegal
CFCs is having them confiscated.
The U.S. Customs Service, under
its laws and regulations, may con-
fiscate any goods that enter the
United States illegally. The U.S.
Customs Service can confiscate
illegally imported CFCs all the way
down the distribution chain.
Purchasing your CFCs from a rep-
utable wholesaler or distributor
does not relieve you of responsi-
bility. If the CFCs you possess
were illegally smuggled into the
United States, you could lose the
valuable product, even though
you paid for it.
There are many other potential
consequences of purchasing or
possessing illegal CFCs. If the
U.S. Customs Service confiscates
your CFCs, you might become the
subject of an investigation by the
Customs Service and the U.S.
Environmental Protection Agency
(EPA). Investigations of your com-
pany might involve interviewing
your employees and reviewing
your records. The Internal
Revenue Service (IRS) also might
decide to audit you or your com-
pany regarding payment of the
excise taxes on CFCs.
If you knowingly purchase or
possess CFCs illegally smuggled
into the United States, you could
face severe penalties (see the
back side of this flyer).
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HOW CAN I BE SURE THE
CFCs I PURCHASE ARE
LEGAL?
To make sure you purchase
or possess legal CFCs, you
should know where the specific
brand was produced and the
name of the manufacturer.
Making sure you have legal
material that meets the industry
purity standard is good business
practice.
Before you buy CFCs, you
should ask the seller for docu-
ments of prior ownership of the
product (and a laboratory analy-
sis of the quality). Investigating
the source of the material and
the chain of ownership is your
responsibility. If the material was
imported, you should know
when, where, and from whom it
was imported. You also should
ensure that the packaging for
the material is appropriate.
Illegally imported refrigerant is
sometimes packaged in wrong
size containers or fixed with
improper values. Remember, if
you purchase or possess CFCs
that entered the United States
illegally, the U.S,:Jgsto|rjs
Service can
product.
WHAT HAS HAPPENED TO PEOPLE CONVICTED OF BUYING
OR SMUGGLING CFCs?
'~T~'he following are real examples of what can happen if you
JL buy or possess illegal CFCs.
Case 1: The president of a refrigerant distribution company in
Florida recently pled guilty to charges of illegally importing over
8 million pounds of CFCs into the United States. For his role, the
president was sentenced to 37 months in prison and 3 years
supervised release, fined $375,000, and ordered to forfeit over
$13 million in assets. The company was sentenced to pay a fine
of over $37 million and serve 5 years of probation. The compa-
ny is also potentially liable for over $31 million in back taxes to
the IRS. The company's bookkeeper/salesperson received fines
and a probationary sentence, and the company's chief financial
officer received a fine and a 30-day prison sentence.
Case 2: Three men were arrested during two separate sting
operations by undercover agents when they attempted to pur-
chase CFCs being sold as illegal imports. One man was convict-
ed on charges of making a false statement to the U.S. Customs
Service and sentenced to 6 months of home detention, 3 years
of probation, and a $10,000 fine. He also forfeited $112,000
and personal possessions used in the crime, which were seized
at the time of the arrest. The other two men were convicted on
charges of conspiracy to violate the U.S. Clean Air Act. At the
time of their arrest, $125,200 and a vehicle were seized and
forfeited to the government. One of the two men was sentenced
to 3 years of probation, 240 hours of community service, and a
$1,500 fine. The other man was sentenced to 3 years of proba-
tion and 240 hours of community service.
NEED MORE INFORMATION?
For more information on the
Clean Air Act, the regulations
regarding ozone-depleting sub-
stances, and enforcement
actions under the Act, call
EPA's Stratospheric Protection
Hotline at 800 296-1996, or
visit the EPA web site at
.
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