Five New York developers have been accused of knowingly subjecting their workers to exposure to asbestos in order to increase their profits.

According to a recent argument from Kings County’s top prosecutor, the five developers intentionally concealed the presence of asbestos during a renovation of four properties. They allegedly forged documents, including asbestos assessments, and sent the fraudulent documents to the city’s Department of Buildings for permits which would allow them to proceed with the renovation without paying for a professional asbestos abatement.

“These defendants are accused of greedily taking dangerous shortcuts — bypassing safety measures that are put in place to protect the public from serious and unnecessary health risks —to maximize profits at any cost, including the well-being of employees and prospective tenants,” said District Attorney Eric Gonzalez.

The five developers face a 61 count indictment and face up to seven years in prison.

Included in the defendants is engineer Scott Schnall who was permanently banned from practicing in the city in 2017. The permanent ban was enacted by Buildings Commissioner Rich Chandler after an investigation showed that Schnall lied on applications for six properties.

Schnall sued the city following the ban, alleging that it was retaliation for his statements in a 2014 New York Times article. In the article, Schnall was quoted critiquing the Building Department’s permit review and approval process, claiming the system was “screwed up”.

Asbestos Exposure Dangers

Due to the lies and deception allegedly committed by the defendants, workers faced exposure to asbestos. Even worse, because the developers lied about the asbestos content in the buildings, the workers were not sufficiently protected against exposure to asbestos. Department of Investigations Commissioner Mark Peters says that these workers may be at risk for a large number of side effects due to their exposure to asbestos, like asbestos cancer.

Although the workers victimized by the alleged scheme may not see the effects of their exposure to asbestos for years to come, they will likely be affected. Legal action against the defendants aims to hold them accountable for knowingly endangering the lives of workers in order to line their own pockets and cut costs associated with a federally-certified asbestos abatement team.

Asbestos was previously a widely used material valued for its fireproofing and insulation qualities. However, the Environmental Protection Act (EPA) banned the use of the material under the Clean Air Act of 1973 after it was shown that the material can cause cancer.

When asbestos or asbestos containing materials are disturbed or cut, they can release small asbestos fibers into the air. When these fibers are dispersed into the air, they can be inhaled and ingested or they can stick to clothing where they can cause secondhand exposure to asbestos.

If asbestos fibers are ingested or inhaled, they can cause chronic inflammation of the lungs and other parts of the body. This chronic inflammation has been shown to increase the risk for developing cancer. The damage from exposure to asbestos may take years to show, but it can cause serious conditions – most commonly lung cancer and mesothelioma.