Texas Man Faces Long Prison Sentence for Asbestos Issues

August 28, 2006 - Last week, a federal jury in Dallas convicted Dallas-area resident Melvin Eugene Riecke II on four counts of a superseding indictment charging him with Clean Air Act violations, false statements and mail fraud.  The case arose from allegations of wrongful handling of asbestos-containing floor tile.

According to the East Texas News, Riecke is the General Manager of National Converting and Fulfillment Company, based in Ellis County, Texas.  The article reports that the jury convicted Riecke on two counts of failing to comply with federal work practice standards regulating demolition a building containing asbestos and disposing of the resulting waste, one count of false statements to the Texas Department of Health, Toxic Waste Control Division, and one count of mail fraud.  Riecke, age 53, of Palmer, Texas, faces a maximum statutory sentence of 25 years imprisonment and a $1.25 million fine.  He is scheduled to be sentenced on November 21, 2006 by Judge A. Joe Fish.

"Knowingly violating the laws governing asbestos removal is irresponsible and inexcusable," EPA Regional Administrator Richard E. Greene said.  "Other businesses conducting asbestos removal should rest assured that EPA and other regulatory agencies will continue to aggressively pursue those that knowingly risk public health for the sake of profit."

During the trial, the government presented evidence which showed that Riecke failed to have an employee trained in asbestos removal on site at the demolition in question.  He also “failed to prevent the discharge of visible emissions into the outside air during the stripping, collection, processing, packaging and transporting of the asbestos; failed to deposit all the asbestos as soon as practical at a proper waste disposal site; and failed to properly mark vehicles used to transport the asbestos-containing waste.”

Riecke also made “numerous” false statements on a notification form he filed with the Texas Department of Health.  The form is required by state and federal law to be filed before beginning any demolition activity on a public building containing more than a minimal amount of asbestos.