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Pennsylvania Hazmat Package Manufacturer Pleads Guilty to Fraud Charges

On November 3, 2015, Frank Menichini pleaded guilty in U.S. District Court, Philadelphia, Pennsylvania, to falsifying certifications related to hazardous material packaging with the intent to obstruct an investigation within the jurisdiction of the U.S. Department of Transportation. 

Menichini was the operator of DVG Packaging of Exton, Pennsylvania. DVG manufactured flexible plastic packaging used in the transportation of infectious substances related to the health care industry. The packaging was often used in air transportation and the Pipeline and Hazardous Materials Safety Administration (PHMSA) requires that these packages pass strength and pressure tests to insure the packaging can withstand the internal pressure associated with aircraft transport. PHMSA sets mandatory standards for hazardous materials packaging, including packaging designed to carry infectious substances, to ensure transportation safety. In addition, PHMSA regulations require manufacturers to demonstrate and certify that the associated packaging meets these standards. 

Menichini admitted that he falsified documents and records related to the package pressure tests. In addition, he admitted that he supplied false reports to both PHMSA inspectors and DVG customers that incorrectly showed the packages met PHMSA requirements. Menichini also admitted that he falsified test result documents to impede and obstruct a PHMSA inspection.

PHMSA provided substantial assistance with this investigation.