A La Jolla man with the dubious distinction of being the first person in the nation to be charged with smuggling greenhouse gases from Mexico has been sentenced to 10 days in jail he has already served.
Michael Hart, 59, was ordered to pay $1,500 restitution for “proper destruction” of 10 boxes of “Freon 404A” made in China that were found and seized from his truck after he entered the U.S. from Mexico, according to court records.
These particular refrigerated gases were illegal to possess in the U.S. because they are considered “ozone-depleting substances,” according to court records. This is the first prosecution of the American Innovation and Manufacturing Act(AIM) of 2020.
This was an example of “introducing climate pollutants into the community and undermining carefully negotiated and hard-won international efforts” to address climate change, according to papers filed by U.S. Attorney Tara McGrath.
On Feb. 3, U.S. District Court Judge Marilyn Huff placed Hart on one year supervised release and imposed the $1,500 restitution and a $100 penalty assessment fee.
No further jail time was imposed as his attorney had urged Huff to give him credit for 10 days in jail that he had already served following his March 4, 2024 arrest. Hart was able to post $30,000 bond afterward.
When Hart drove his Dodge Caravan through the point of entry into the U.S. on Oct. 18, 2022, a Customs and Border agent asked him if he had anything to declare. Hart twice responded that he only had his tools in his van.
The agent inspected the van and noticed a paint tarp covering the ten 24-pound canister Freon boxes and tools. Hart was directed for further inspection at a secondary lot. According to records, the Freon contained an ingredient known as R-22, which has been phased out of production in the U.S. and is now considered an ozone-depleting substance.
Hart pleaded guilty to conspiracy to violate the Clean Air Act regulations and could have received five years in federal prison. Hart said he previously sold Freon boxes in the U.S. in the air conditioning industry.
