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Former Detroit Lead Inspector Sentenced for Fraud

Posted by Shawn McCadden on Mon, Feb 14, 2011 @ 04:51 PM
  
  
  
  
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Former Detroit Lead Inspector Sentenced for Fraud

Donald PattersonAccording to an article in the Detroit Free Press, Donald Patterson, a former lead inspector for the City of Detroit, was indicted last year on charges of soliciting bribes, wire fraud and making false statements about lead inspections. Among the allegations were that he allowed a 2-year-old child with high blood-lead levels to return to a home with lead-based paint hazards, falsely declaring it safe and making the child sicker.

 

RRP Enforsement InformationThe following is News Release from EPA, published on February 8, 2011.  Though not specific to the RRP Rule, this action by both EPA and the FBI shows that willfull violators of lead related regulations are currently a major focus for EPA and they are serious about prosecuting violators. 

EPA uses news releases and press releases like the one below to make the public aware of LBP related violations.   The use and purposes of the releases as tools is clearly explained in footnote #10 included inside the Consolidated Enforcement Response and Penalty Policy for the RRP Rule:

 

"EPA may, at its discretion, issue a press release or advisory to notify the public of the filing of an enforcement action, settlement, or adjudication concerning a person’s violation of TSCA. A press release can be a useful tool to notify the public of Agency actions for TSCA noncompliance and specifically, to educate the public on the requirements of LBP Program. The issuance of a press release or advisory as well as the nature of their contents are within the sole discretion of the Agency and shall not be subject to negotiation with the violator."


News Release as Follows:

CONTACT:
Stacy Kika
kika.stacy@epa.gov
202-564-0906
202-564-4355

WASHINGTON — Former city of Detroit Health Department lead inspector Donald Patterson was sentenced today to three years and 10 months in prison and 24 months of supervised release on wire fraud charges stemming from an U.S. Environmental Protection Agency (EPA) investigation. In July 2010, Patterson pleaded guilty and admitted he accepted cash to provide a clean bill of health to homes in which he had either done no inspection or provided fraudulent lead removal training. Lead is a serious public health issue causing a range of health effects from behavioral problems and learning disabilities, to seizures and death. Children six years old and under are most at risk.

“The actions of this public official put the health and lives of children at risk,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “In this case, the local government inspector failed to do his job by submitting false reports for personal gain. Today’s sentencing shows that those who knowingly put the public at risk, particularly our most vulnerable citizens, our children, will be prosecuted to the fullest extent of the law.”

Patterson, 50, was employed by the city of Detroit as a lead paint inspector. His job was to ensure that all paint-based lead hazards were safely removed from the homes he inspected. Instead, Patterson used his position to obtain cash from the owners or renters of these homes in exchange for falsely certifying that the homes were free of lead or for providing fraudulent lead removal training. Patterson admitted that between October 2008 and August 2009 he had accepted cash totaling $1,350 in connection with fraudulent abatement of lead hazards to which children were being exposed at four separate properties.

The Patterson case was investigated by EPA and the FBI, with assistance from the city of Detroit and the state of Michigan.


Michigan residents who have concerns about possible lead hazards in their homes should call the Michigan Department of Community Health Hotline at 800-648-6942. 

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Comments

HAIL CEASAR, hang the inspector,give them fines, The FBI should incestigate all agencys, Can I be appointed his position, My business has desolved,
Posted @ Monday, February 14, 2011 7:15 PM by Jim Raymond
Publicizing this local article through this international blog is a good way to spread the word that EPA is serious about enforcing the new RRP law. 
 
 
 
I appreciate reading about the full spectrum of opinions about RRP from this blog. Keep it up!
Posted @ Monday, February 14, 2011 7:17 PM by Catherine Brooks
Hey Ms. Catherine, as i need work, and giving up being a contractor, for 48 years, maybe i can re-paint my van ( big as Fedex ) van, with the RRP rules on it so all can see and get info, i can carry pamphlets,documents, info?? If i could get funded,support, and a pay check, The gas ,, it gets 6mpg, 
 
this is as i have always thought would be a good way to inform everyone, because the crooked govt. will not put it on radio,telivision,bilboards etc.
Posted @ Monday, February 14, 2011 7:29 PM by Jim Raymond
jim sounds like a good idea moving to iraq sounds better then the way this county is being ran. but anyway this darthbama and this lisa jackson he put in the office of the epa are running a muck on american bussiness with no consequences this cheif/tree hugger he put in office is acting like she is above the law with all this dictatorship regulations and getting away playing with peoples livelyhoods this has to be stoped this administration is running rampid call your senators in your state we need to be heard in numbers this president is killing this country and getting away with it vote republican 2012 take america back from these liberal cronies start by picking up the phone
Posted @ Monday, February 14, 2011 8:15 PM by paul k
Hey Mr. Paul, spectacular,Well i am out of business unless a miracle happens, But I will not be paying any taxes, no work no taxes, My money is hidden in a stone wall, dont trust the commies, I'll be rustling cattle soon, this whole country will be following me, wait and see, USA going down the tubes, new world order, just hope Palin dosn't get in
Posted @ Monday, February 14, 2011 8:26 PM by jim Raymond
dont say cattle to loud you might have to regester and insure it and put a plate on its ass before you ressell it or you might have to get a parading permit hope the epa does not require a methane gas bag on the cows ass i would hate to see the fine for that one or is that for osha or dos department to handle remember there is a department for every thing now vote mitt rommeny
Posted @ Monday, February 14, 2011 8:47 PM by paul k
"Today’s sentencing shows that those who knowingly put the public at risk" So does that mean that anyone who knows about rrp and owns a pre 1978 cant let anyone in their home? Does that mean that any church that has lead glass windows is knowingly putting the public at risk? Have all government office buildings been cleared of lead paint?? If not are they knowingly putting the public at risk?? Lead is natural occurring in the soil--who can the epa hold liable for knowingly putting the public at risk for that?
Posted @ Tuesday, February 15, 2011 10:52 AM by Ray
Ray, I suggest we look at this two ways: (1) Lead is already out there. If I didn't put it there I shouldn't be responsible for it or what happened to it before I got involved. (2) when I or someone I supervise (or inspect) disturbs it, I will be responsible for my actions, but not the activities actions or lack of actions by someone else. 
 
Compliance with this rule requires we document what we did. To protect ourselves, sometimes it is wise to establish a base line of what was there before we started. For remodelers, it would be wise to document and even photograph or video existing conditions so you can prove what you found and maybe even show you left the situation safer than when you found it.
Posted @ Tuesday, February 15, 2011 11:21 AM by Shawn McCadden
This enforcement is not RRP related and means nothing to the contractors who have beome RRP certified and use the required practices. The EPA is not doing its job as mandated by Congress. They are not enforcing against illegally operating contractors. This failure has created a discrimanatory environment against legally operating contractors. The EPA talks a good game but the results prove that they are responsible for another well intended unfunded mandate. When they start enforcing the RRP Lead Rule by actually going out to the neighborhoods and catching the violators then we can say they are doing something.  
 
Lack of money for enforcement means more underground contracting jobs the illegally operating contractors.
Posted @ Tuesday, February 15, 2011 6:40 PM by mark
I agree with some of that, but now when I do a remodel--instead of tearing out old plaster or wood siding and doing the job right--because of the potential liability with this law--will it be wiser to just cover over it with another layer of sheetrock or on the outside not tear off old wood siding just install insul board over top of it and leave it to keep deteriorating? Maybe one of the reasons ebll's in children has dropped is because alot of the older homes have removed their old deteriorating wood siding and therfor eliminated lead chips continually falling off into the soil. As far as documentation--yes you can document that you followed the rules but the epa never stated in its rrp brochure that" the contractor by following these rules has contained all the dust he/she created doing your job, and he cannot be held liable for any past present or future lead dust." So basically the only thing documentation does is prove that I followed the rules and can't be fined by the epa, but I had that before 4-22-10 without all the paperwork.
Posted @ Tuesday, February 15, 2011 6:45 PM by Ray
Hey Mark, sounds like the govt, " Just a cover up "" ha haha , Just like the lead i still carry from Vietnam all those years and agent orange cancers, covered up til something goes wrong and the govt covers it up, SO, you are right, if they can do it WHY can't we, and save the client $$$ And in Mass OSHA wont be able to fine $70,000.00, EPA $ 37,500.00, and ?this will never go away,, I "glow" away now, have a good night
Posted @ Tuesday, February 15, 2011 7:23 PM by J R
Has anyone considered reporting violaters of the RRP rules to the EPA? I don't know why but i feel dirty even sugesting it but if we have to abide by these rules and risk these fines I don't know what else to do. I work for a large hardware & lumberyard that also does installed sales of windows, doors, and siding. We have a store front and are a sitting duck for an EPA inspection. We are doing everything by the book as far as the RRP rules are concerned. At least 2-3 times a week a differnt contractor will sit at the lumber counter and basicly laugh at the rules. I understand why (no enforcement) but then they hand you a quote for windows and we are bidding against them. So going in we are already behind. These people are our friends or at the very least a customer. Just dont dont know what to do.
Posted @ Wednesday, February 16, 2011 8:23 AM by Brian
I know a lot of people who have turned in contractors, but the EPA hasn't done anything. Have you heard of a single enforcement? 
 
The reality is that "actions speak louder than words". EPA's actions has been to hurt the legal contractors and reward the illegal contractors through doing no enforcement. 
 
If 300,000 kids get lead poisoned a year, it would seem 200,000 kids have recently gotten lead poisoned due to the EPA refusing to enforce the rule.
Posted @ Tuesday, March 01, 2011 1:46 PM by Bill Jeff
call your senetors let your voice be heard scott brown 617 565 3170 john kerry 617 565 8519 pat deval 617 725 4005 darrell issa 202 225 3906 760 599 5000
Posted @ Monday, March 07, 2011 11:19 AM by paul k
Here are some ways to report violators. 
 
 
 
Tips and Complaints -  
 
<http://www.epa.gov/region9/toxic/lead/tips-complaints.html> 
 
Zipcode search for local contacts - http://www.leadfreekids.org/ 
 
 
 
 
 
Just a reminder that EPA Region 1 (Northeast) and Region 9 (Southwest)  
 
both have on-line RRP tip and complaint forms. 
 
 
 
Region 1 -  
 
<http://www.epa.gov/region1/enforcement/leadpaint/RenovationRepairPaintComplaintForm.html> 
 
 
 
Region 9 - <http://www.epa.gov/region9/toxic/lead/tips-complaints.html> 
 
Posted @ Monday, March 07, 2011 11:33 AM by Catherine Brooks
catherine sounds to me like you should be in the deleading bussiness not the remodeling bussiness lets see how you feel when you have a nice law suit on your company and your customer has a lein on your property because this is and will happen to contractors that own assets
Posted @ Monday, March 07, 2011 12:12 PM by paul k
Paul K. 
 
A lawsuit and a lien are indeed serious threats. On what grounds are you being sued and your home being possessed? Is it for non-compliance to some government law? I don't know any contractors who are up against these consequences unless they did screw up. What's really up, Paul?
Posted @ Monday, March 07, 2011 12:39 PM by Catherine
no i have not had any suits but give this law time you will find people and lawyers that will abuse this law with frivelis law suits and if you do not think this could happen to you or anybody else you are dreaming on a obama cloud
Posted @ Monday, March 07, 2011 1:23 PM by paul k
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