New Jersey company accused of dumping asbestos in Frankfort

The owner of a New Jersey-based business was arrested Friday, accused of dumping contaminated construction debris at a Central New York farm.

The U.S. Attorney TMs Office in Syracuse tells CNY Central that Mazza and Sons, Inc. and four employees have been indicted on charges of conspiracy to defraud the United States, violate the Clean Water Act and Superfund laws, and commit wire fraud. The company is accused of illegally dumping thousands of tons of asbestos-contaminated, pulverized construction and demolition debris at Cross Nicastro II TMs farm in Frankfort, New York in 2006. Prosecutors say much the dumping grounds contain federally-regulated wetlands.

Those arrested include:

- Julius DeSimone, 69, of Rome, NY- Donald Torriero, 54, of Utica, NY- Cross Nicastro II, 59, of Frankfort, NY- Dominick Mazza, 60, of Tinton Falls, NJ

Prosecutors say according to court documents, the accused concealed the illegal dumping by fabricating a State Department of Environmental Conservation permit and forging the name of a DEC official on the fraudulent permit. They also allegedly concealed, altered, and destroyed documents after learning they were under investigation.

The U.S. Attorney TMs Office says the conspiracy and substantive Clean Water Act, Superfund, and false statements counts of the indictment each carry a maximum possible term of incarceration of five years and a fine of $250,000. The obstruction of justice and wire fraud counts of the indictment each carry a maximum possible term of incarceration of twenty years and similar fines.

The suspects are scheduled to be arraigned in federal court in Syracuse on June 13.