Guilty of Smuggling WHAT? Who Cares!?

Judge striking gavel in courtroom.

(TheIndependentStar.com) – A San Diego resident, Michael Hart, pleaded guilty to illegally smuggling hydrofluorocarbons (HFCs) into the U.S., marking the first prosecution under the American Innovation and Manufacturing Act (AIM Act) of 2020.

This unprecedented prosecution signifies liberal government’s intensified efforts to combat so-called environmental crimes.

In a federal courtroom, Michael Hart admitted his guilt for orchestrating a scheme to smuggle HFCs from Mexico into the United States. HFCs are potent greenhouse gases used in refrigeration and air-conditioning. Their global warming impact is significantly higher than that of carbon dioxide per unit of mass.

Hart confessed to importing these harmful chemicals without EPA approval and selling them for profit on platforms like OfferUp and Facebook Marketplace. He initially claimed he needed the refrigerants for his construction business but later admitted to selling them online.

Hart’s operation involved regular trips to Mexico, where he purchased the HFCs, concealed them in his vehicle, and transported them back to the U.S. He meticulously hid the refrigerants weekly, evading detection at border checkpoints. This is the first case prosecuted under the AIM Act, which aims to phase down HFCs to protect the environment.

“Clean air is not for sale to the highest bidder,” U.S. Attorney Tara McGrath said in a statement. “The Department of Justice will use every tool at our disposal to protect air quality and hold criminal polluters accountable.”

Hart faced 13 counts originally, but through a plea deal, prosecutors dismissed 12 counts, leaving him with a conspiracy charge to violate the AIM Act. He’s now responsible for $1,500 in restitution and faces up to five years in prison and a $250,000 fine.

Sentencing is set for December 9, 2024, before U.S. District Judge Marilyn Huff. The investigation involved the U.S. Environmental Protection Agency’s Criminal Investigation Division and Homeland Security Investigations.

“Congress made it illegal to import certain refrigerants into the United States without allowances because of their documented and significantly greater contribution to climate change,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The Justice Department is committed to enforcing the AIM Act and other laws that seek to prevent environmental harm.”

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