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North Tonawanda man spared prison in federal asbestos fraud case

A North Tonawanda was spared prison Friday on his misdemeanor conviction as an accessory to false asbestos reporting in the Kensington Towers Apartment complex abatement project.

U.S. District Judge Richard J. Arcara ordered Brian Scott, 34, a former air-sampling technician and project monitor for JMD Environmental Inc., to serve a year of probation.

Assistant U.S. Attorney Aaron J. Mango said Scott is the second defendant to be sentenced in the case alleging violations of the Clean Air Act. Seven others face sentencing for the false reporting of asbestos cleanup at the six buildings in the Kensington Towers complex in Buffalo, from June 2009 to Jan. 11, 2010.

While officials of Johnson Contracting of WNY Inc. reported falsely that all floor tiles with asbestos had been removed from the buildings, Scott was aware that they had not been removed and supported the false claims, authorities said.