Former EPA Fugitive Sentenced for Violating Clean Air Act (HQ, NV)
WASHINGTON — Joseph DeMatteo of Clark County, Nev. has been
sentenced to serve five months home detention, followed by a term
of three years probation, for criminally violating the Clean Air
Act. He was also ordered to pay a $100 special assessment to the
court. DeMatteo, a U.S. Environmental Protection Agency (EPA)
fugitive, was one of 10 Nevada-certified emissions testers indicted
on Jan. 6, 2010 by a federal grand jury on one felony count for
falsifying vehicle emissions test reports in Las Vegas between Nov.
2007 and May 2009. It is a crime to knowingly alter or conceal any
record or other document required to be maintained by the Clean Air
Act.
“Today’s sentence demonstrates that individuals who
knowingly violate our nation’s environmental laws and then
flee the court’s jurisdiction will be caught and brought to
justice,” said Cynthia Giles, assistant administrator for
EPA’s Office of Enforcement and Compliance Assurance.
“Abusing emissions testing responsibilities puts
communities’ air quality at risk. With information provided
through the EPA fugitive’s list, we were able to work with
the public and other law enforcement agencies to capture and
complete the sentencing of a defendant who attempted to circumvent
the law.”
Although the other nine defendants were promptly located and
charged, DeMatteo failed to surrender to federal law enforcement
authorities. Shortly after the indictments were released, DeMatteo
was placed on the EPA fugitive list. DeMatteo was arrested in Las
Vegas on Jun. 8, 2010 by special agents after EPA received a tip on
his whereabouts. On Oct. 14, 2010, DeMatteo pleaded guilty to
making a material false statement in violation of the Clean Air
Act.
The other defendants indicted are Eduardo Franco, Alexander
Worster, Wadji Waked, Adolfo Contreras, David Nelson, William
McCown, Gary Smith, Peter Escudero, and Louis Demeo. DeMatteo will
be the sixth defendant sentenced.
The defendants engaged in a practice known as “clean
scanning” vehicles. The identification number of a vehicle
that cannot pass the emissions test—or is not even present
for testing—is entered into the computer system, but a
different car that can pass the emissions test is actually tested.
The data is then recorded on the vehicle inspection report so that
the initial car fraudulently "passed" the test. The cost of getting
the fraudulent report was anywhere from $10 to $100 more than the
usual emissions testing fee.
Las Vegas is required to perform emissions testing because
currently it violates ozone and carbon monoxide standards. Ozone is
linked to a number of serious health problems, including causing
asthma attacks and increasing the risk of premature death in people
with heart or lung disease. Carbon monoxide can cause harmful
health effects by reducing oxygen delivery to the body’s
organs.
The case was investigated by EPA’s Office of Criminal
Enforcement and the Nevada Department of Motor Vehicles Compliance
Enforcement Division. The case was prosecuted by the U.S.
Attorney’s Office for the District of Nevada and the Justice
Department’s Environmental Crimes Section.
Launched in December 2008, EPA’s fugitive website contains
information about individuals who have failed to turn themselves in
after being indicted and charged with or convicted of violating
environmental laws. To date, information from citizens or law
enforcement organizations have assisted in the arrest or capture of
five fugitives and the surrender of two others. Of those, five were
sentenced, one was found not guilty, and one is scheduled for
sentencing later this month.
Because some fugitives may be armed and dangerous, the public
should not try to apprehend any of the individuals. The website
contains a form that can be used to report information related to a
fugitive’s identity and/or current location. EPA reviews all
reports submitted.
Citizens may also report the information to their local police or,
if outside the United States, to the nearest U.S. Embassy.
More information on EPA’s fugitive website: http://www.epa.gov/fugitives