Michael Hart’s unexpected plea leaves many wondering about the fate of his smuggling operation under the American Innovation and Manufacturing Act of 2020.

At a Glance

• Michael Hart of San Diego pleaded guilty to federal conspiracy charges for smuggling hydrofluorocarbons (HFCs).
• This case is the first prosecuted under the American Innovation and Manufacturing Act of 2020.
• Hart smuggled potent greenhouse gases with a higher global warming impact than carbon dioxide.
• Hart advertised the illegal refrigerants on OfferUp and Facebook Marketplace.

First-Ever Prosecution for Smuggling Greenhouse Gases

Michael Hart from San Diego has pleaded guilty to a federal charge of conspiring to smuggle hydrofluorocarbons (HFCs) from Mexico into the United States. As part of his operation, Hart purchased these potent greenhouse gases in Mexico and smuggled them into the U.S. hidden in his car. This case marks the first prosecution under the American Innovation and Manufacturing Act of 2020 (AIM Act), a critical legislation aimed at reducing the use of HFCs to mitigate their significant impact on global warming.

Hart initially claimed he needed the refrigerants for his construction business. However, investigators exposed that he sold them on platforms like OfferUp and Facebook Marketplace. Assistant Attorney General Todd Kim underscored the commitment to enforcing the AIM Act and preventing environmental harm. These HFCs are known for their high global warming potential, significantly surpassing that of carbon dioxide.

Operation and Arrest

Hart’s smuggling operation involved weekly shipments of HFCs concealed in his vehicle. In March, he was arrested while entering the U.S. with 10 boxes labeled “Freon 404A” from China, a substance known to contain banned HFCs used in refrigeration and air-conditioning. The illegal smuggling of such refrigerants is on the rise due to an international phase-down of these chemicals.

The investigation revealed that Hart communicated with conspirators in the U.S. who placed orders for the refrigerants with him. He was originally charged with 13 counts, but under his plea deal, prosecutors agreed to dismiss 12 counts. Judge Marilyn Huff will sentence Hart on December 9, 2024, with a potential maximum of five years in prison and a $250,000 fine.

“Clean air is not for sale to the highest bidder,” U.S. Attorney Tara McGrath remarked. “The Department of Justice will use every tool at our disposal to protect air quality and hold criminal polluters accountable.”

San Diego man pleads guilty in first ever prosecution for smuggling greenhouse gases https://t.co/oDIN74mVWN

— The San Diego Union-Tribune (@sdut) September 25, 2024

Legal Implications and Environmental Impact

The smuggling and illegal importation of HFCs highlight a severe environmental issue. According to the Climate and Clean Air Coalition, “Their impact on global warming can be hundreds to thousands of times greater than that of carbon dioxide per unit of mass.”

Hart’s guilty plea is a landmark case under the AIM Act, emphasizing the U.S. government’s stringent measures on environmental protection. U.S. Attorney McGrath reiterated the importance of protecting air quality and holding polluters accountable. The EPA and Justice Department restated their dedication to preventing illegal substances from entering the U.S., showcasing a firm stance on environmental law enforcement.