INDIANAPOLIS- Jeffrey Delucio, 54, of Richmond, Indiana, was sentenced to 16 months in federal prison for violating the Toxic Substance Control Act, specifically the provisions of the Act concerning lead paint renovations, and for obstructing justice by fabricating records to obstruct a federal grand jury.
According to court documents, Delucio operated Aluminum Brothers Home Improvements in Richmond, Indiana, which received federal grant money from the U.S. Department of Housing and Urban Development (HUD) to mitigate lead paint hazards in older low-to-middle income homes. Lead-based paint is the leading cause of lead poisoning in children, which can result in permanent developmental and health problems. Because of lead’s toxicity, federal law requires contractors renovating homes with lead-based paint to take certain precautions while working to protect themselves and those living in and around the homes under construction.
Delucio admitted in federal court that he and other Aluminum Brothers workers he supervised failed to follow these laws while conducting multiple the HUD-funded renovations in Richmond. As a result, lead-based paint chips were scattered throughout the properties and were not cleaned up timely or properly as work was being conducted. One of the residences was inhabited by a child with elevated blood lead levels, which had prompted the renovation work at that property to begin with.
Delucio further admitted that he failed to train his workers on lead-safe work practices and then falsified documents to conceal his conduct. Delucio’s company was subpoenaed by a federal grand jury for business records, including records of employee training on lead-safe work practices. In an effort to impede federal criminal investigators, including those from HUD and the Environmental Protection Agency (EPA), Delucio fabricated training records for each of his employees and supplied the false documents to EPA and HUD agents.
“Mr. Delucio put his community, employees, and the environment at risk, including a medically vulnerable child” said Zachary A. Myers, United States Attorney for the Southern District of Indiana. “These regulations are in place to ensure the health of Hoosiers for generations to come. We will continue working with the EPA, IDEM, and HUD to prosecute those who do not uphold their responsibility to preserve the environment and the safety of citizens.”
“The defendant created risks by not only failing to follow lead-safe work practices, but also falsely representing to the government their employees had received training,” said Special Agent in Charge Jennifer Lynn of EPA’s criminal investigation program. “Today’s sentencing demonstrates that individuals who intentionally violate environmental laws will be held responsible for their crimes.”
“Protecting families and communities from lead-based paint hazards is one of HUD OIG’s top priorities,” said Special Agent in Charge Machelle Jindra. “HUD OIG is committed to seeking criminal penalties for those who willfully disregard lead-based paint safety regulations and other violations of Federal law related to HUD programs.”
“This wasn’t simply a situation of an environmental crime. Mr. Delucio’s behavior had real-life health implications for families in Wayne County,” IDEM Commissioner Brian Rockensuess said. “We’re pleased that this investigation has led to a conviction, preventing him and his company from causing further harm.”
The EPA, Indiana Department of Environmental Management (IDEM), and U.S. Department of Housing and Urban Development (HUD) investigated the case. The sentence was imposed by U.S. District Judge James Patrick Hanlon and included a $1,000 fine. As part of the sentence, Judge Hanlon ordered that Delucio be supervised by the U.S. Probation Office for 2 years following his release from federal prison.
U.S. Attorney Myers thanked Assistant United States Attorney Kathryn E. Olivier who prosecuted the case.
This case was prosecuted as part of the Department of Justice’s Comprehensive Environmental Justice Enforcement Strategy. As the Attorney General of the United States announced on May 5, 2022, the Department’s Environmental Justice Strategy seeks to provide timely and effective remedies for systemic environmental violations and contaminations and for injury to natural resources in underserved communities that have been historically marginalized and overburdened, including low-income communities, communities of color, and Tribal and Indigenous communities. The Department’s Office of Environmental Justice Members of the public who have concerns about environmental justice matters in the Southern District of Indiana can report them to the U.S. Attorney’s office via email to [email protected].