Investigators Arrest Microb Phase President

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Investigators Arrest Microb Phase President

by FairfieldMinuteman.com

http://www.imakenews.com/pureaircontrols/e_article000284956.cfm?

x=b3mdVLq,bvtv58G

NEW HAVEN - In May of 2001, New York state troopers arrested

Schongar of Clifton Park for allegedly stealing identities to run up

more than $10,000 in credit card bills.

Meanwhile, Dr. Santilli, chief of the allergy department at St

of the allergy department at St. 's Medical Center, diagnosed

Staples Elementary School in Easton, Conn., as a sick school

and recommended extensive work, including replacement of mold spore

infested ceiling tiles. But the Board of Education decided to seek a

second opinion - from " Dr. " Schongar.

Four months after his arrest, Schongar - representing his company

Microb Phase Laboratories - continued to apply applications of a

mystery agent to kill mold. He was contracted by Staples from 2000 to

2003 and went on to spray other schools throughout the country, until

a federal Environmental Protection Agency and Easton Police

Department investigation stopped him in his tracks.

Schongar sat at a defense table inside the magistrate's court room at

the federal courthouse in New Haven late Thursday afternoon.

Assistant U.S. Public Defender Terry Ward sat beside him Assistant

U.S. Attorney Spears told the court Schongar, 58, was being

charged with mail fraud, wire fraud and violations of the Federal

Fungicide Insecticide and Rodenticide Act (FIFRA).

If convicted of mail and wire fraud, Schongar could face up to five

years in prison with a maximum fine of $250,000 on each count. The

FIFRA charge carries up to one year in prison and a maximum $25,000

fine on each count.

Schongar was released on $50,000 bond. A probable cause hearing is

tentatively scheduled for 1 p.m. on Aug. 4 at the federal courthouse

in New Haven. As a condition of his release, U.S. Magistrate Judge

Joan G. Margolis said Schongar may only travel to New York state and

Connecticut, may not apply for a passport and can no longer continue

his mold remediation business. Margolis also barred him from

contacting school officials he had done business with.

Outside the courtroom, Easton Police Chief said, " It

sends a very good message with this case, that if someone commits

environmental crimes, they are going to get caught. Especially when

it comes to schools and children.

" Hopefully this sends a good message to our school systems,

superintendents and boards of education. "

Both Superintendent of Schools Fossbender and Easton Board of

Education Chairman Rowland said they would cooperate with the

investigation as best they can.

" I hope that justice will be served, " Rowland said of the

investigation.

Ward said his client, Schongar, would not comment on his arrest.

Spears said Schongar has grand larceny convictions in New York and

Delaware and is the subject of a federal customs investigation in the

Syracuse, N.Y., area.

Ward said Schongar was not a flight risk and was " hardly a danger " to

the community.

" He's 58 years-old, a lifelong resident of the Albany area, has had a

heart condition for past 20 years, has been married for 22 years, and

responded to a phone call to be here, " Ward said of his client.

The affidavit

As the Minuteman reported in January and February, Schongar used Web

sites - including microbphase.com and a site for " Mold Away " - to

advertise his business under several names. The safety data sheet

Schongar gave Easton school officials detailing what he said sprayed

turned out to be Microbe Shield, a mold preventative manufactured by

AEGIS Environmental, a Midland, Mich., firm. The company had said

Schongar did not have permission to use its product, and two Staples'

ceiling tiles tested negative for Microbe Shield.

That information was included in EPA Agent Leonard F. Borges'

affidavit. Though Schongar had visited a number of schools in several

states, he has only been charged for alleged crimes at Connecticut

schools in Easton, Manchester and Bristol.

Borges said Schongar's company has gone under the names Microb Phase,

L.L.C.; British American Environmental Company; Microb Phase, Inc.;

Microb Phase Environmental; Microb Phase Laboratory, Inc.; Mold Away;

Air Tech and Air Tech Services.

The affidavit accuses Schongar of defrauding schools dating back to

at least 2000 in remediating air quality problems he

identified, " falsely and fraudulently representing that the product

that he applied was registered with the EPA and that his remediation

program was approved by the EPA; " and producing fraudulent reports

indicating his services and products had successfully solved the

problems.

Schongar has said Microb Phase contains alcohol, which would

classified it as a pesticide. Borges said Schongar violated FIFRA

because he allegedly mislabeled his product and did not register it

with the EPA.

In 2001, Schongar forwarded an inspection report and laboratory test

to Easton School officials indicating he had sampled and tested air

quality of certain rooms at Staples, according to the affidavit. The

report stated it " represents the findings of certified environmental

inspectors following the guidelines published by the American Society

for Testing Materials. The report contains precise information

concerning percentages (before treatment) of various microbial growth

identified by Schongar, including 'cladosprium,' 'aspergillum'

and 'penicillium' "

Schongars report sites laboratory analysis indicating " no growth " was

detected after his treatment, according to the affidavit.

But Borges said search warrants executed at Schongar's home, which

doubles as his principal place of business, and a self storage unit

listed under the name " Air Tech Environmental " at Clifton Park Self

Storage failed to turn up equipment that could be used in testing for

the presence of microbial growth.

Alleged fraud

Among the items seized under the search warrants, were falsified

documents stating Schongars education background, training and

experience, Borges said.

Borges said Schongar had said he was a certified environmental

inspector and had earned a PhD., which his investigation was unable

to verify. Evidence collected at Clifton Park Self Storage included

certificates, resumes and diplomas. On an alleged masters of

engineering degree from American University in Heidelberg, Germany,

Borges said Heidelberg was misspelled, adding investigators found

another, unsigned, version of the degree.

" A review of various alleged certifications indicates they appear on

the same card stock and are set out in similar format, not

withstanding the fact that the certifications purport to have been

issued by different organizations, " the affidavit reads.

Other alleged instances of fraud include Schongar telling Manchester

school officials in a letter that his company was awarded " a grant

from the National Center for Environmental Research and Quality

Assurance " and that he was involved with an " R & D study " with the EPA.

In a 2003 report to Green Hills Elementary School in Bristol,

Schongar allegedly told school officials laboratory analysis was

performed by " Analytical Laboratories, Inc. But Borges said Albany,

N.Y. business was bought by Alpine Laboratories in 1999, which closed

down Analytical Labs in 2000 because of a criminal EPA investigation

of that company. Borges said Alpine Labs told him it did not perform

testing services for Microb Phase.

Schongar had worked for Analytical Labs in the 1990s before being

terminated for applying a questionable substance at State University

in New York, according to Borges.

In an interview with Borges, Schongar allegedly admitted to

forwarding customers a technical bulletin Microbe Shield, which he

did not use. Borges said Schongar told him he mixes his own chemical

substance in his garage, adding it " typically consists of isopropyl

alcohol and some form of soap solution. "

For additional information, contact:

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