A Colorado contractor is facing forgery and theft charges after investigators say he exposed a Boulder family to asbestos and lied about having the proper permits and licenses to conduct asbestos remediation.
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Rocco Roberts, 47, is facing charges of causing and contributing to a hazardous substance incident, two counts of forgery and one count of theft between $5,000 and $20,000, according to online court records.
The Boulder couple hired Roberts’ company, Home Defense Solutions, to remove asbestos from their home’s basement in 2023, after an asbestos inspection revealed materials in the basement were over the state-mandated limit of 1% asbestos, according to a Colorado Attorney General’s Office news release. Asbestos is a hazardous air pollutant that can cause cancer.
Roberts offered the lowest bid and told the family he was certified as a general asbestos contractor, according to an arrest affidavit.
Shortly after Roberts started the work in July 2023, one of the owners of the house, who is an architect, noticed what she described as “red flags” while the work was being performed, according to the affidavit. She told investigators that she noticed a trail of debris leading from the basement outside and confronted Roberts about what she felt was a lack of “containment barriers” from the basement. Roberts told the woman it wasn’t “a big issue” but agreed to put a full barrier up, according to the affidavit.
After Roberts told the family the work was done and it was safe to use the basement, the woman found debris in the basement, including inside the washing machine.
A Colorado Department of Public Health and Environment expert later determined the condition of the basement was considered a “major asbestos spill,” which refers to the uncontrolled release of asbestos by the disturbance of materials containing asbestos. That expert also determined the amount of debris could “threaten immediate irreparable harm” to the health and safety of people in the home, according to the affidavit.
Investigators later determined Roberts had not been certified since 2018, according to the affidavit. Home Defense Solutions became “delinquent” with the Secretary of State’s Office in February 2022.
Roberts also provided an asbestos abatement permit that appeared to have been signed by CDPHE. The state agency had no record of that document or any abatement projects at the Boulder home.
An air clearance test report Roberts gave the family also appeared to have been forged and included the name of someone who did not work at the company. When the family contacted the air test company, the company’s owner said his company had never performed tests at her home. The owner later told investigators he didn’t know who “Stacy Young” was and had received various calls over the years asking for “Stacy,” which led him to suspect this had happened before.
The family paid Roberts $8,400 for the work before discovering the error, and Roberts did not fulfill the family’s request for a refund. The family then paid over $17,000 to remediate the basement, according to the affidavit.
Calls from the Daily Camera to multiple phone numbers associated with Roberts went unanswered.
Roberts was arrested in Larimer County and is now out of custody after posting a $5,000 surety bail on July 22, according to online court records. He is set to appear for a status conference at 1:30 p.m. Aug. 27 in the Boulder County Justice Center.
Roberts was sentenced to 10 years in prison for theft between $5,000 and $15,000 in a 1999 Larimer County case.
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