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Mar-Cone VP Faces 20 Years for Purchase of Imported Black Market Refrigerant

A Miami businessman pleaded guilty in connection with the illegal receipt, purchase and sale of ozone-depleting refrigerant gas that had been smuggled into the U.S., following an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the U.S. Environmental Protection Agency's (EPA) Criminal Investigation Division and U.S. Customs and Border Protection (CBP). The investigation revealed that Carlos Garcia, 53, of Mar-Cone Appliance Parts Co., would routinely seek out and arrange the purchase of black market hydrochlorofluorocarbon-22 (HCFC-22), which is a widely used refrigerant for residential heat pump and air-conditioning systems, from various importers who did not hold the required unexpended consumption allowances, totaling about 55,488 kilograms of restricted HCFC-22, with a fair market value of approximately $639,458. The refrigerant gas was distributed by Mar-cone throughout the United States.

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Mar-cone was previously convicted and sentenced for related conduct and ordered to pay a $500,000 criminal fine, a $400,000 community service payment, and was ordered to forfeit to the U.S. $190,534.70 in illegal proceeds.

Garcia pleaded guilty to count four of the superseding indictment, which charged him with knowingly receiving, buying, selling and facilitating the transportation, concealment and sale of about 13,600 kilograms of ozone-depleting HCFC-22. Garcia faces a maximum sentence of 20 years in prison. Sentencing has been scheduled before U.S. District Judge Cecilia Altonaga for June 26.