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Big chill: Man accused of illegal refrigerant sale

Sat, Nov 21, 2009    to del.icio.us

BY ED WHITE
Associated Press Writer

DETROIT — Federal agents went undercover to catch a man who's accused of using Craigslist to commit a crime that threatens the ozone layer.

Doug Mertz of suburban Detroit said he was arrested Thursday after selling 10 cans of R-22 refrigerant for $2,400 to an agent from the U.S. Environmental Protection Agency.

"We talked about football — the Bears, Steelers — exchanged money, shook hands and then everything came down," Mertz, 35, said Friday. "I was put in handcuffs. It's totally not right. He lied to me to entrap me."

R-22 is used in air conditioners and other cooling systems. With only a few exceptions, the EPA says it's illegal to sell the refrigerant to people who aren't certified to handle it.

Users need a license because leaks can deplete the ozone layer, which shields the Earth from harmful ultraviolet rays. Rules restricting production take effect in 2010, according to the EPA's Web site.

EPA agent Richard Porter said he used the name "Richard Jablonski" to communicate with Mertz via e-mail after getting a tip that he was offering R-22 for sale on Craigslist.

Mertz' ad said: "If you cannot get R-22 on your own, no EPA card or license, we can do business," Porter said in a court filing.

Porter said he "made it clear" in his e-mails that "Jablonski" and his "employees" were not licensed.

Mertz claims there was nothing illegal about the deal because the cans were not opened by someone who lacked a permit. The West Bloomfield man has a small service business and an EPA license to use refrigerant.

Porter declined to comment Friday. The maximum penalty for offering to sell R-22 is five years in prison. Mertz's next court date is Dec. 9.

"The poor go to trial and the rich just live a nice life," Mertz said. "I'm just trying to make some money. I've got like 500 dollars in my bank account."



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