Certified Emissions Tester Indicted, Fails to Appear

Joseph DeMatteo of Clark County, Nev., has been added to the EPA fugitive Website for failing to surrender to federal law enforcement authorities following his indictment for criminal violations of the Clean Air Act.

“EPA is serious about enforcing the nation’s environmental laws and making sure that those who are charged with criminal violations are held accountable,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The public can help EPA achieve its mission by reporting any information they have on the whereabouts of Mr. DeMatteo to EPA’s fugitive Web site or local law enforcement.”

DeMatteo was one of 10 Nevada-certified emissions testers indicted on Jan. 6 by a federal grand jury for one felony count for falsifying vehicle emissions test reports in Las Vegas between Nov. 2007 and May 2009. The maximum penalty for the felony violations contained in the indictment includes up to two years in prison and a fine of up to $250,000.

Las Vegas is required to perform emissions testing because currently it violates ozone and carbon monoxide standards..

All of the defendants, including DeMatteo, are alleged to have engaged in a practice known as “clean scanning” vehicles. The scheme involved entering the vehicle identification number for a vehicle that would not pass the emissions test into the computerized system, then connecting a different vehicle the testers knew would pass the test. The allegedly falsified data was recorded on the vehicle inspection report, and an inspection report passing the vehicle was issued for anywhere from $10 to $100 more than the usual emissions testing fee. It is a crime to knowingly alter or conceal any record or other document required to be maintained by the Clean Air Act. An indictment is merely an accusation, and a defendant is presumed innocent unless and until proven guilty in a court of law.

The fugitive Website shows the public how to contact EPA if they have information about where a fugitive may be found. To date, information from citizens or law enforcement organizations have assisted in the arrest or capture of three fugitives and the surrender of two other fugitives. Of those, four were sentenced and one was found not guilty.

Citizens may also report the information to their local police or, if outside the United States, to the nearest U.S. Embassy.

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