A San Diego man pleaded guilty in federal court this past Tuesday (24th) to a conspiracy to illegally import hydrofluorocarbons (HFC) from Mexico, becoming the first person in the United States to be convicted of smuggling greenhouse gases.
Michael Hart, 58, initially pleaded not guilty to the charges. In October 2022, Hart entered the U.S. at the San Ysidro border crossing carrying 10 cylinders labeled as “Freon 404A” from China, without disclosing them to port officials.
“Freon 404A” contains various banned HFCs used in refrigeration, air conditioning, building insulation, fire suppression systems, and aerosols. The U.S. Department of Justice stated in a press release that HFC smuggling activities have increased due to the international phase-down of refrigerants contributing to climate issues.
According to prosecutors, the impact of hydrofluorocarbons on global warming could be tens of thousands of times more potent than carbon dioxide.
Hart told investigators that he worked in the construction industry and had been smuggling Freon cylinders weekly, using them for his own air conditioning repair business and selling them to others. However, an investigation of Hart’s phone did not corroborate his claims.
Investigators uncovered a completely different story. It was revealed that Hart was selling HFCs on platforms like OfferUp, Facebook Marketplace, and others. He informed customers that he could obtain up to 15-20 HFC cylinders weekly.
With the help of others, Hart purchased refrigerants in Mexico, concealed them under waterproof tarp and tools in his vehicle, and imported them into the U.S. He then violated climate change regulations by selling the HFCs.
Hart also admitted to conspiring to illegally import hydrochlorofluorocarbons (HCFC), specifically HCFC-22, a substance banned under the Clean Air Act for its ozone-depleting properties.
This case marks the first prosecution under the American Innovation and Manufacturing Act of 2020 (AIM Act), which regulates the use of fluorinated compounds in products and manufacturing.
The AIM Act, enacted in 2022, prohibits a range of activities, including importing HFCs without Environmental Protection Agency (EPA) approval, as well as selling, distributing, or providing unauthorized imported HFCs.
Hart is scheduled to be sentenced on December 9. Initially facing up to 45 years in prison, his plea reduced his potential sentence to 5 years and a $250,000 fine.