NJ Company Found Guilty of Dumping Asbestos into Wetlands in Upstate New York

Workers continue to be exposed to asbestos during removal and abatement projects. It is imperative that asbestos be removed in a safe and prescribed manner to avoid any unnecessary disease and illness. Merely "dumping" asbestos unlawfully is dangerous and illegal.

The owner of a 28-acre piece of property on the Mohawk River and the owner of a New Jersey solid waste management company were found guilty by a federal jury in Utica, N.Y., today of charges that they conspired to defraud the United States and violate the Clean Water Act by illegally dumping thousands of tons of asbestos-contaminated construction debris on the property in upstate New York, announced Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division and Richard S. Hartunian, U.S. Attorney for the Northern District of New York.

“Mazza and his co-conspirators flouted numerous federal laws designed to protect Americans from exposure to toxic materials when they dumped asbestos contaminated waste into an area that included sensitive wetlands. They also committed fraud and lied to federal investigators in the process,” said Assistant Attorney General Moreno. “This conviction is a just result because these men have been held accountable for egregious environmental crimes that harm human health and the environment.”

“Today’s verdict was brought about through the tireless efforts of those state and federal investigative agencies that work every day to protect the environment and health of our citizens” said U.S. Attorney Hartunian. “We applaud them for their hard work.”

The defendants, Cross Nicastro, owner of the property in Frankfort, N.Y., along with Mazza & Sons Inc., and its owner, Dominick Mazza, were found guilty of conspiracy to defraud the United States, as well as violate the Clean Water Act and Superfund laws. In addition, Nicastro, Dominick Mazza and Mazza & Sons Inc. were convicted of violating the Superfund law’s requirement to report the release of toxic materials and obstructing justice. Dominick Mazza was also convicted of making false statements to EPA special agents.

According to evidence presented during the 10-day trial, the defendants engaged in the illegal dumping of thousands of tons of construction and demolition debris, much of which was contaminated with asbestos, at Nicastro’s property, which contained federally-regulated wetlands. The dumping occurred without a permit.

Evidence demonstrated that the defendants, along with co-conspirators, concealed the illegal dumping by fabricating a New York State Department of Environmental Conservation (DEC) permit and forging the name of a DEC official on the fraudulent permit. In addition, the evidence demonstrated that Mazza & Sons, Inc. obstructed justice by destroying and concealing documents responsive to a grand jury subpoena.

The conspiracy, substantive Superfund and false statement counts each carry a maximum penalty of five years in prison and a fine of either $250,000, twice the gross gain to the defendants, or twice the gross loss to a victim, whichever is determined to be greater. The obstruction of justice count carries a maximum penalty of 20 years in prison and similar fines.

This case was investigated by special agents from the EPA's Criminal Investigation Division and the Internal Revenue Service Criminal Investigation; criminal investigators with the New York State Environmental Conservation Police, Bureau of Environmental Crimes; investigators from the New Jersey State Police, Office of Business Integrity Unit; the New Jersey Department of Environmental Protection; and the Ohio Department of Environmental Protection. The case was prosecuted by Todd W. Gleason and Gary N. Donner of the Environmental Crimes Section of the U.S. Justice Department’s Environment and Natural Resources Division, and Assistant U.S. Attorney Craig A. Benedict, of the U.S. Attorney’s Office for the Northern District of New York.
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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

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FDA takes action against thousands of illegal Internet pharmacies

The U.S. Food and Drug Administration, in partnership with international regulatory and law enforcement agencies, took action this week against more than 4,100 Internet pharmacies that illegally sell potentially dangerous, unapproved drugs to consumers. Actions taken include civil and criminal charges, seizure of illegal products, and removal of offending websites.

The announcement takes place during the 5th annual International Internet Week of Action (IIWA), a global cooperative effort to combat the online sale and distribution of potentially counterfeit and illegal medical products. This year’s effort – Operation Pangea V – operated between Sept. 25 and Oct. 2 and resulted in the shutdown of more than 18,000 illegal pharmacy websites and the seizure of about $10.5 million worth of pharmaceuticals worldwide.

The goal of this annual effort, which involved law enforcement, customs and regulatory authorities from 100 countries, is to identify producers and distributors of illegal pharmaceutical products and medical devices and remove these products from the supply chain.

“Consumers in the United States and around the world face a real threat from Internet pharmacies that illegally sell potentially substandard, counterfeit, adulterated or otherwise unsafe medicines,” said FDA Commissioner Margaret A. Hamburg, M.D. “This week’s efforts show that strong international enforcement efforts are required to combat this global public health problem. The FDA is committed to joining forces to protect consumers from the risks these websites present.”

Last week, the FDA reinforced its online efforts with the launch of a national campaign to educate Americans about the risks of buying prescription medications over the Internet. BeSafeRx – Know Your Online Pharmacy seeks to raise public awareness about the health risks of using fraudulent Internet pharmacies and what consumers can do to protect themselves.

During Operation Pangea V, the FDA targeted websites selling unapproved and potentially dangerous medicines. In many cases, the medicines can be detrimental to public health because they contain active ingredients that are approved by FDA for use only under the supervision of a licensed health care practitioner or active ingredients that were previously withdrawn from U.S. market due to safety issues.

Among the illegal medicines identified through the operation were:
Domperidone: This medicine was removed from the United States market in 1998 because it may cause serious adverse effects, including irregular heartbeat, stopping of the heart, or sudden death. These dangers could convey to the nursing baby of breastfeeding women, who may be using domperidone to try increase milk production (which is not an approved use).

Isotretinoin (previously marketed as Accutane in the United States): This medicine is used to treat severe nodular acne and carries significant potential risks, including severe birth defects if pregnancy occurs while using this medicine. To minimize potential risks to consumers, FDA-approved isotretinoin capsules are only available through restricted distribution in the United States.

Tamiflu (oseltamivir phosphate): This medicine, which is used to treat the flu, is often sold online as “generic Tamiflu.” However, there is no FDA-approved generic version of Tamiflu. Previous FDA tests found that fraudulent versions of “generic Tamiflu” contained the wrong active ingredient, which would not be effective in treating flu. In these cases, the wrong active ingredient was similar to penicillin and may cause a severe allergic reaction, including a sudden, potentially life-threatening reaction called anaphylaxis, in consumers allergic to penicillin products.

Viagra (sildenafil citrate): This medicine is used to treat erectile dysfunction. Due to its vasodilation effects, sildenafil citrate should not be used by consumers with certain heart conditions. Consumers taking this medicine without the supervision of a health care professional may not learn about potential drug interactions, such as increased blood pressure lowering effects of organic nitrates when taken with sildenafil citrate.

The FDA sent Warning Letters to the operators of more than 4,100 identified websites. As a follow up, the agency sent notices to Registries, Internet Service Providers (ISPs), and domain Name Registrars (DNRs) informing them that these websites were selling products in violation of U.S. law. The FDA is working with its foreign counterparts to address the remaining websites that continue to offer unapproved or misbranded prescription medicines to U.S. consumers.

“Internet pharmacies that illegally sell unapproved, counterfeit, or potentially adulterated or substandard drugs are an inherently international crime problem,” said John Roth, director of the FDA’s Office of Criminal Investigation. “The FDA is pleased to work with INTERPOL, the international police agency, to fight this problem. Because these criminals do not respect international borders, the international coordinated law enforcement response represented by Operation Pangea demonstrates that international cooperation is the best way to protect the American public from the risk of unsafe drugs.”

The FDA coordinated the efforts of this year’s Operation Pangea V, including screening all drug products received through the international mail facilities during the IIWA. Preliminary findings showed that certain products from abroad, such as antibiotics, antidepressants, and other drugs to treat high cholesterol, diabetes, and high blood pressure, were on the way to U.S. consumers. Many of those products can pose health risks if taken without the supervision of a health care practitioner or if the products have been removed from the market for safety reasons.

The FDA encourages consumers to report suspected criminal activity at www.fda.gov/oci.

The IIWA is a collaboration between FDA, INTERPOL , the World Customs Organization, Permanent Forum of International Pharmaceutical Crime, Heads of Medicines Agencies Working Group of Enforcement Officers, the Medicines and Healthcare products Regulatory Agency of the United Kingdom, the Irish Medicines Board, the London Metropolitan Police, the U.S. Department of Homeland Security, the Center for Safe Internet Pharmacies, and national health and law enforcement agencies from 100 participating countries.

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NJ Company Pleads Guilty to Theft of Insurance Premiums

NJ Attorney General Jeffrey S. Chiesa announced that a Burlington County company has pleaded guilty for under-reporting the number of its employees and wages to evade the full payment of workers’ compensation insurance premiums.

Techdan, LLC, which, at the time of the crime was located at 2092 Rt. 130 North in Florence, pleaded guilty yesterday to second-degree theft by deception before Superior Court Judge James W. Palmer, Jr. in Burlington County. The charge was contained in a July 3 state grand jury indictment.

Judge Palmer scheduled sentencing for November 16. Under the plea agreement, Techdan, LLC has agreed to pay $75,000 in restitution.

In pleading guilty, Techdan, LLC admitted that between March 12, 2004 and July 5, 2007, the company gave the false impression to Liberty Mutual Insurance Company that it was entitled to lower workers’ compensation premiums. Techdan, LLC admitted that it under-reporting the number of its employees and/or the misclassification of its employees’ occupational classes and/or under reporting the total employee payroll amounts to evade paying the full payment of workers’ compensation.

Deputy Attorney General Cheryl A. Maccaroni and Detective Natalie Brotherston and Civil Investigator Wilbert Sowney were assigned to the case. Acting Insurance Fraud Prosecutor Ronald Chillemi thanked Liberty Mutual Insurance Company for its assistance in the investigation.

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The Need For New Blood and Effusion Biomarker for Pleural Mesothelioma

A report in the New England Journal of Medicine concludes that more research is urgently needed to detect biomarkers to detect pleural mesothelioma so that treatment option can be expanded. The only known cause of mesothelioma is asbestos exposure a medical condition that develops after a long latency period. Many individuals have been exposed to asbestos fiber at work, in the military and as bystanders.

Malignant Mesothelioma, coronal CT scan. Legend: the malignant mesothelioma is indicated by yellow arrows, the central pleural effusion is marked with a yellow star. (1) right lung, (2) spine, (3) left lung, (4) ribs, (5) aorta, (6) spleen, (7) left kidney, (8) right kidney, (9) liver. (Photo credit: Wikipedia)

"Despite advances in chemotherapy, radiation therapy, and surgical management for malignant pleural mesothelioma, the median survival remains 12 months. Early detection is limited by the long latency period, an inability of imaging to detect the disease at an early stage even when it is used as a screening strategy, and the lack of sensitive and specific blood-based markers. Moreover, in patients with undiagnosed pleural effusion, the ability to diagnose mesothelioma is delayed by failure to include the disease in the differential diagnosis and by the lack of noninvasive mesothelioma-specific blood-based markers."
"Future investigations should also explore why fibulin-3 is selectively elevated in mesothelioma as compared with other cancers and should address the question of whether this is an epigenetic-based phenomenon either through methylation or microRNA control. These studies could potentially clarify the role of fibulin-3 in mesothelioma growth, invasion, and metastasis formation and determine whether the molecule might be targeted for specific cytotoxic or biologic therapies."

Fibulin-3 as a Blood and Effusion Biomarker for Pleural Mesothelioma
Harvey I. Pass, M.D., Stephen M. Levin, M.D., Michael R. Harbut, M.D., Jonathan Melamed, M.D., Luis Chiriboga, Ph.D., Jessica Donington, M.D., Margaret Huflejt, Ph.D., Michele Carbone, M.D., Ph.D., David Chia, Ph.D., Lee Goodglick, Ph.D., Gary E. Goodman, M.D., Mark D. Thornquist, Ph.D., Geoffrey Liu, M.D., Marc de Perrot, M.D., Ming-Sound Tsao, M.D., and Chandra Goparaju, Ph.D.

N Engl J Med 2012; 367:1417-1427October 11, 2012DOI: 10.1056/NEJMoa1115050

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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

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Multistate Outbreak of Salmonella Bredeney Infections Linked to Peanut Butter Manufactured By Sunland, Inc.

Recall

On October 4, 2012, Sunland Inc. expanded its ongoing recall  [PDF - 10 pages] to include all products made in the Sunland nut butter production facility between March 1, 2010 and September 24, 2012.  The company reports that it is adding 139 products to the recall, bringing the total number of products being recalled by Sunland Inc. to 240.

The expanded recall covers all previously identified Peanut Butter, Almond Butter, Cashew Butter, and Tahini products as well as Roasted Blanched Peanut Products. New product categories being added to the list are several varieties of flavored butters and spreads, including Thai Ginger Butter, Chocolate Butter and Banana Butter.

On September 24, 2012, Sunland, Inc. announced a voluntary recall of its peanut butter and other products containing nuts and seeds, manufactured between May 1, 2012 and September 24, 2012, because these products may be contaminated with Salmonella.

The recalled products manufactured by Sunland, Inc.  [PDF- 5 pages] were distributed nationally to numerous large supermarket chains. The recall applies to the products with Best-If-Used-By dates between May 1, 2013 and September 24, 2013. This date is stamped on the side of the jars’ labels below the lid.

On September 22, 2012, Trader Joe’s voluntarily recalled its Creamy Salted Valencia Peanut Butterbecause of potential contamination with Salmonella and urged consumers to not eat the product. In advance of this recall, Trader Joe’s removed the product from all store shelves.

The recalled Creamy Salted Valencia Peanut Butter was distributed to Trader Joe’s stores nationwide. The product comes in a 16-ounce plastic jar. All code dates are included in this recall, up to an including July 26, 2013 (26JUL13). The peanut butter is labeled Trader Joe’s Valencia Creamy Peanut Butter made with Sea Salt.

Customers who have purchased this item are urged to not eat the product, and to dispose of it or return it to any Trader Joe’s location for a full refund. 

Advice to Consumers, Retailers, and Others

Contaminated peanut butter and other products containing nuts and seeds   [PDF - 5 pages] may make people sick.

• Based on available information, CDC recommends that consumers do not eat recalled peanut butter and other products containing nuts and seeds and dispose of any remaining jars of these products in the home or return the jars to the place of purchase.
  • This is especially important for children under the age of 5 years, older adults, and people with weak immune systems.
• Persons who think they might have become ill from eating possibly contaminated peanut butter or other products containing nuts and seeds should consult their health care providers.
  • Symptoms include:
    • Diarrhea, fever, and abdominal cramps 12 to 72 hours after infection.
    • The illness usually lasts 4 to 7 days, and most persons recover without treatment.
    • See Signs and Symptoms for more information.

Contaminated peanut butter and other products containing nuts and seeds may still be in consumers' homes or available for sale on the internet.

• Consumers who recently purchased recalled peanut butter or other products containing nuts and seeds are advised not to eat them and dispose of any remaining jars of these products or return the jars to the place of purchase. 
• Retailers and food service operators should not sell or serve recalled peanut butter and other products containing nuts and seeds.
• Some of these products may still be available for sale from internet retailers.

What to do if you have Trader Joe’s Valencia Creamy Salted Peanut Butter in your home:

• Dispose of the product immediately or return it to the place of purchase.
• Even if some of the peanut butter or other products containing nuts and seeds have been eaten without anyone becoming ill, the rest of the jar should be disposed of or returned.
• If consumers choose to discard recalled peanut butter or other products containing nuts and seeds, the product should be disposed of in a closed plastic bag and placed in a sealed trash can. This will prevent people or animals from eating it.
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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

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Romney, Regulation & Risk of Cancer

Cancer causing substances in the workplace have created an epidemic of occupational illness claims in the United States in the last few decades. The Chemical Lobby, and those who advocate of their behalf for less regulation, including presidential candidate Mitt Romney are now advocating for less regulation and the elimination of the semi-annual publication The Report on Carcinogens.

"....Every free economy has regulation. At the same time regulation can become excessive, it can become out of date. And what's happened with some of the legislation that's been passed under President Obama's term is you've seen some of the regulation become excessive and it has hurt the economy." Mitt Romney, 1st Presidential Debate 2012

This challenge to a safer workplace is discussed in an Op-Ed article in the NY Times Today:

"The chemical industry is working frantically to suppress that scientific consensus — because it fears “public confusion.” Big Chem apparently worries that you might be confused if you learned that formaldehyde caused cancer of the nose and throat, and perhaps leukemia as well." Nicholas D. Kristof, The New York Times

Click here to read "The Cancer Lobby" (NY Times) 10/7/12

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Workers' Compensation: Cell Phones, Glioma and Cancer in the ...

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Workers' Compensation: Formaldehyde Is A Cancer Causing Agent ...

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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

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Fear to File: Loser Pays Creates an Unjust Result in Florida

A Florida appeals court this week challenged the looser pays rule mandated by statute in workers' compensation cases. The Court declared:

"We are constrained to affirm the imposition of costs under section 440.34(3),
Florida Statutes. In our view, the result here, while correct under prevailing law,
raises important questions of public policy. We recognize that a statute providing
for the imposition of costs is not designed to penalize, but to make the prevailing
party whole. However, where the statute provides that an injured employee who
seeks workers’ compensation benefits in good faith, but does not prevail and must
then pay the employer’s costs, it is not unreasonable to argue, as Claimant does,
that the statute imposes a chilling effect on future employees with meritorious
claims. This is especially significant where a prevailing party’s opportunity to
recoup its attorney’s fees is limited by statute. Such employees may thereby
forego seeking benefits based on meritorious claims in order to avoid subjecting
themselves to an award of costs. "

Frederick v Monroe County School Board, Decided October 5, 2012.

Traditionally, the workers' compensation system provided a summary and remedial adjudication process for the claims of injured workers. While "Times Have Changed," and greater restrictions have been placed on the process to reduce employee's access to benefits, the imposition of a "looser pays" rule, defies both good conscience and equity, upon which the workers' compensation act was crafted. Under the looser pays rule everyone looses.

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