(From the U. S. Attorney for the Western District of Missouri)
The former administrator, maintenance contractor, and company owner of a Monett, Mo., skilled nursing facility were indicted by a federal grand jury today for their roles in a conspiracy to impede the EPA, a related state agency, and OHSA, and violate the Clean Air Act regarding the removal of asbestos-containing materials.
Juan Carlos Aguilar Gomez, 45, a citizen of Honduras, residing in Lawrence, N.Y., who was previously charged by criminal complaint on Aug. 1, 2025, with one count of violating the Clean Air Act, was charged in the indictment with one count of conspiracy to defraud the United States and violate the Clean Air Act, six counts of violating the Clean Air Act, and one count of making a false statement to a federal department or agency.
Rebecca Massey, 46, of Granby, Mo., was charged in the indictment with one count of conspiracy to defraud the United States and violate the Clean Air Act, six counts of violating the Clean Air Act, and one count of making a false statement to a federal department or agency.
Goldner Capital Management, LLC (GCM), a limited liability company located in the state of New York, was charged in the indictment with one count of conspiracy to defraud the United States and violate the Clean Air Act, and six counts of violating the Clean Air Act.
“The Department of Justice, working in partnership with the EPA, will seek to hold accountable those who violate environmental laws, as evidenced by the charges returned today,” said R. Matthew Price, United States Attorney for the Western District of Missouri.
“Conspiring to violate our nation’s environmental laws to prevent exposure to the lethal dangers of asbestos is a betrayal of trust that puts the most defenseless members of our society at risk. By neglecting proper asbestos inspections and precautions, the defendants have not only violated laws but endangered the health of over 150 residents and staff,” said Cate Holston, Assistant Special Agent in Charge for EPA’s Criminal Investigation Division in Missouri.
According to today’s indictment, in Dec. 2018, Gomez’s company was contracted to do maintenance and renovation work at nursing homes within GCM’s investment portfolio, including a long-term care facility in Monett, Mo. The services in their signed agreement included planning and overseeing all construction, alteration, maintenance, and repair projects at the facilities.
The facility provided senior and other assisted-living care to at least 67 residents and was staffed by approximately 80 employees between 2018 and 2021 and was owned and operated as part of an investment portfolio owned by GCM, which funded all capital improvements to facilities owned by the parent company.
As early as July 2020 GCM agents and employees, including Massey, began plans to renovate the facility, including plans to remove the existing linoleum flooring and replace it with new flooring. This flooring contained at least 6-12% chrysotile asbestos, was in poor condition and crumbled easily, making the tile a regulated asbestos-containing material (RACM) under EPA guidelines. The removal of RACM requires special handling and disposal precautions and procedures.
GCM, Massey, and Gomez were advised during the bidding process by other construction contractors and maintenance employees that the floor needed to be tested for the presence of asbestos and that an asbestos certified contractor needed to remove any flooring containing asbestos.
Despite receiving at least one bid from a reputable contracting company, which advised that the floors likely contained asbestos, no testing or asbestos abatement was conducted at the facility. Instead, GCM agents and employees engaged Gomez to conduct the proposed renovations. Neither Gomez, nor any of his employees were qualified asbestos abatement contractors, workers, or supervisors.
Renovations began around Oct. 2020 and continued through Jan. 2021. During renovations, Gomez and his employees used an electrical/mechanical floor stripper, other scrapers, chippers, and other abrading or grinding machinery to remove the tile flooring. This process generated visible emissions throughout the facility’s hallways, dining areas, and residents’ rooms. Additionally, Gomez and his employees posted no signs regarding potential asbestos exposure, erected no containment, used no water to mitigate visible emissions, had no decontamination units constructed, did not use negative air machines, and disposed of RACM waste in an unlined, unsealed dumpster that was sent to a landfill not authorized to accept RACM.
Massey, knowing that no asbestos analysis/inspection had occurred and that one was needed, permitted the work to continue even though as the Administrator she was empowered, and obligated, under law to shut down any operations that posed a health or safety hazard to the facility’s residents.
On Jan. 20, 2021, officials with the Missouri Department of Natural Resources (MDNR) inspected the facility and obtained a bulk floor sample from the hallway. MDNR conveyed to Massey that they were concerned that the materials contained RACM and that, if they did, the owners of the facility would need to evacuate the residents. Gomez told MDNR inspectors that he had no knowledge of the presence of asbestos or permitting requirements prior to their inspection, both of which were false statements.
The indictment alleges that on April 30, 2021, Massey falsely told OSHA inspectors that she was unaware of the renovation project involving the flooring prior to Gomez and his workers beginning work in Dec. 2020. She also claimed that she knew nothing about asbestos until MDNR arrived at the facility. Both were false statements.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Casey Clark, who was significantly assisted by former Environmental Crimes Section Senior Litigation Counsel Todd W. Gleason. It was investigated by the EPA – Criminal Investigations Division and the Missouri Department of Natural Resources.