Three individuals and a company have been indicted by a federal grand jury in Springfield, Missouri, for allegedly conspiring to violate asbestos-related laws at a long-term care facility in Monett, Barry County. The indictment charges Juan Carlos Aguilar Gomez, 45, of Lawrence, New York; Rebecca Massey, 46, of Granby, Missouri; and Goldner Capital Management, LLC (GCM), based in New York.
According to the indictment, Gomez’s company was contracted in December 2018 to handle maintenance and renovation work at nursing homes within GCM’s investment portfolio. This included a long-term care facility that provided assisted-living care for at least 67 residents and employed about 80 staff members between 2018 and 2021.
As early as July 2020, plans began to renovate the facility’s flooring. Contractors advised GCM agents and employees—including Massey—that the existing linoleum floor likely contained asbestos and should be tested. Despite this advice and receiving at least one bid from a reputable contractor highlighting potential asbestos content, no testing or certified asbestos abatement was conducted.
Renovations started around October 2020 under Gomez’s supervision. Neither he nor his employees were certified in asbestos abatement. The removal process involved machinery that created visible dust emissions throughout the facility. No precautions such as containment barriers or decontamination units were implemented during the work. Waste containing regulated asbestos material (RACM) was disposed of improperly in an unlined dumpster sent to an unauthorized landfill.
The indictment alleges that Massey allowed renovations to proceed despite knowing there had been no required asbestos analysis or inspection. As administrator of the facility, she was legally responsible for halting operations posing health risks but did not do so.
On January 20, 2021, officials from the Missouri Department of Natural Resources inspected the site after concerns about possible RACM exposure. They collected samples from the flooring and warned Massey about evacuation requirements if asbestos was confirmed present. During this inspection, Gomez reportedly denied prior knowledge of any asbestos risk or permitting requirements—statements later deemed false.
Additionally, on April 30, 2021, Massey allegedly made false statements to OSHA inspectors regarding her awareness of both the renovation project and potential asbestos hazards before being informed by state officials.
U.S. Attorney R. Matthew Price for the Western District of Missouri stated: “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.”
Cate Holston from EPA’s Criminal Investigation Division added: “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.”
The indictment includes multiple counts against Gomez and Massey for conspiracy to defraud federal agencies and violating provisions under the Clean Air Act; both also face charges for making false statements.
Prosecution is led by Assistant U.S. Attorney Casey Clark with assistance from former Environmental Crimes Section Senior Litigation Counsel Todd W. Gleason. The investigation involved both EPA Criminal Investigations Division and Missouri Department of Natural Resources.
Authorities emphasize that all charges are accusations only until proven otherwise in court.
