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Last RCS Conspirator Sentenced to Prison

News Release: U.S. Department of Justice
United States Attorney, Northern District of Ohio

Emily M. Sweeney, United States Attorney for the Northern District of Ohio, announced that Herman E. Brodzenski, last of the defendants in the prosecution against Refrigerant Certification Services, Inc., was sentenced to 12 months incarceration in a federal prison facility followed by a three year term of supervised release. Brodzenski also must perform 400 hours of community service while on supervised release and he must donate $5,000 to "Habitat for Community."

Brodzenski was the initiator of the criminal activity by the defendants, which involved the fraudulent certifying of refrigerant technicians. Brodzenski was convicted of illegally certifying approximately 100 refrigerant technicians. Brodzenski was also convicted of conspiring with Refrigerant Certification Services, Inc., James Rubar, and Charles Joseph Warren to defraud the United States Environmental Protection Agency, by impairing, obstructing and defeating the agency's lawful governmental function in administering the Stratospheric Ozone Protection provisions of the Clean Air Act which require the training and certification of refrigerant technicians. Brodzenski and the other defendants defrauded the United States Environmental Protection Agency, by agreeing that Refrigerant Certification Services, Inc., would issue certifications for money without requiring applicants to pass required examination.

The other defendants were previously convicted and sentenced and include: Refrigerant Certification Services, Inc., a company which at the time was authorized by the United States Environmental Protection Agency as an EPA approved refrigerant technician certifying organization which issued refrigerant technician identification cards pursuant to that program. James Rubar was and is President and partial owner of Refrigerant Certification Services, Inc. Charles Joseph Warren was in charge of marketing services for Refrigerant Certification Services.

The case was prosecuted by Gregory C. Sasse, Assistant United States Attorney, following an investigation by the United States Environmental Protection Agency Criminal Investigation Division and the Federal Bureau of Investigation.

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