Durham, NC – A former North Carolina emissions inspector has been sentenced for his role in a conspiracy to falsify vehicle emissions tests, allowing hundreds of polluting vehicles to bypass crucial environmental checks. Angel Dario Rodriguez Nunez, 30, of Durham, was sentenced to five years of probation, including six months of house arrest, and a $500 fine on February 20, 2013, after pleading guilty to federal charges in April 2012.
According to court documents, Nunez, while employed at both Express Auto Sales and Services and Car Care Express Auto Sales and Services in Durham, conspired with others between May 2009 and July 2010 to accept payments ranging from $150 to $225 to pass vehicles that would have otherwise failed emissions inspections. The scheme involved utilizing “surrogate” vehicles – typically older models manufactured between 1996 and 1999 – that wouldn’t register a vehicle identification number when connected to emissions testing equipment. By inputting the customer’s VIN and using the surrogate vehicle, Nunez and his co-conspirators generated fraudulent passing reports.
How the Scheme Worked
The fraudulent reports were then submitted electronically to the North Carolina Office of Information and Technology Services. Investigators determined that a total of 817 vehicles were illegally passed using this method, with Nunez personally falsifying tests for 353 of them. The EPA requires vehicle emissions testing in areas of North Carolina that exceed national standards for carbon monoxide and ozone, making the integrity of these inspections crucial for public health and environmental protection.
Federal Charges and Penalties
Nunez was initially charged on March 6, 2012, with violating Title 18 U.S. Criminal Code for conspiracy (18 U.S.C. 371) and Title 42 U.S.C. 7413(c)(2)(A) of the Clean Air Act, which prohibits knowingly making false statements or certifications related to emissions testing. While facing potential jail time, Nunez received a reduced sentence due to his cooperation with the ongoing investigation into the broader conspiracy.
Investigation & Cooperation
The investigation was a collaborative effort between the United States Environmental Protection Agency (EPA) Criminal Investigation Division, the North Carolina State Bureau of Investigations (SBI), and the North Carolina Department of Motor Vehicles License and Theft Bureau. Federal prosecutors emphasized the severity of the crime, stating that falsifying emissions tests undermines the Clean Air Act’s goals and creates an unfair advantage for those who circumvent environmental regulations.
Official Statements
“Falsifying vehicle emission inspections directly undermines the Clean Air Act’s goal to protect and enhance our Nation’s air resources,” stated U.S. Attorney Thomas G. Walker. “This prosecution reflects that corruption among licensed inspectors that perpetrates pollution for personal monetary gain will not be tolerated.” Attorney General Roy Cooper added, “Cheating on emissions tests damages the air we breathe and puts businesses that do things the right way at an unfair disadvantage.” Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in North Carolina, highlighted the importance of accurate emissions testing for public health and environmental safety.
Key Facts
- Defendant: Angel Dario Rodriguez Nunez
- Location: Durham, North Carolina
- Scheme Duration: May 2009 – July 2010
- Total Vehicles Passed Illegally: 817
- Vehicles Falsely Tested by Nunez: 353
- Payment per Vehicle: $150 – $225
- Laws Violated: Title 18 U.S. Criminal Code (Conspiracy), Title 42 U.S.C. 7413(c)(2)(A) (Clean Air Act – False Statements)
- Penalty: 5 years probation, 6 months house arrest, $500 fine
Assistant United States Attorney Banumathi Rangarajan prosecuted the case.
Source: EPA ECHO Enforcement Case Database
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