United States. In a case that occurred in South Florida, related to the illegal importation into the U.S. In the U.S. of more than 300,000 kilograms of hydrochlorofluorocarbon-22 (HCFC-22), worth more than $1.5 million, Jorge Murillo pleaded guilty in federal district court in Miami to conspiring to violate the Clean Air Act (CAA).
The CAA regulates air pollutants, including ozone-depleting substances such as HCFC-22. The CAA and its implementing regulations established a timetable for phasing out the production and import of ozone-depleting substances, with a total ban starting in 2030. To meet its obligations under an international treaty to reduce its consumption of ozone-depleting substances, the United States issued baseline consumption allocations for the production and import of HCFCs-22 to individuals and businesses. To legally import HCFC-22, one must have an unused consumption allowance.
According to court records and a Statement of Facts filed with the court, Murrillo smuggled large quantities of HCFC-22 into the United States to sell on the black market. Murillo and his co-defendant would negotiate with a Chinese manufacturer to purchase large quantities of HCFC-22s and then import them to South Florida ports. At no time did Murrillo or its companies or associates have unspent consumption allocations that would have allowed the legal importation of HCFC-22. Between June and August 2007, Murrillo conspired and smuggled approximately 309,536 kilograms of HCFCs with a market value of $1,525,670 into the U.S. Murrillo resided outside the United States from the time of his indictment in 2012 until his arrest in Miami in May 2022.
Murrillo's co-defendant, Norberto Guada, was previously convicted in 2012 of illegally importing HCFC-22 and served a sentence in federal prison.
U.S. Superior District Judge Donald L. Graham set Murrillo's sentencing hearing for Sept. 20 at 11:00 a.m., in the federal district of Miami. Murrillo faces up to five years in prison.
Juan Antonio Gonzalez, U.S. Attorney for the Southern District of Florida, Charles Carfagno, Special Agent in Charge, U.S. Environmental Protection Agency (EPA), Criminal Investigation Division, Southeast Area Branch, and Anthony Salisbury, Special Agent in Charge, Homeland Security Investigations (HSI), Miami field office, announced the conviction.
The EPA, the Division of Criminal Investigation and HSI Miami investigated the case. Customs and Border Protection offered assistance. Special Assistant U.S. Attorney Jodi A. Mazer and Assistant U.S. Attorney Thomas Watts-FitzGerald are prosecuting.
Source: U.S. Department of Justice.
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