Honolulu, HI – Clifford How was sentenced to probation, restitution, and substantial fines after pleading guilty to knowingly submitting falsified opacity testing reports to the Hawaii Department of Health. The case, stemming from incidents in late 2005 and early 2006, highlights a deliberate attempt to circumvent environmental regulations related to a local crushing and screening plant.
According to court documents, How, operating through his company Environmenteo Services, Inc. (EMET), provided opacity test results that were not accurate. These reports were crucial for construction companies seeking to legally operate crushers, equipment that requires annual testing to ensure compliance with air quality standards. The falsified reports allowed the plant to continue operating without demonstrating adherence to environmental regulations.
The investigation, which led to How’s indictment on November 6, 2008, revealed a pattern of misrepresentation across three separate submissions – in November and December 2005, and January 2006. Authorities allege How knowingly fabricated data within the reports, effectively misleading the Department of Health about the plant’s emissions levels. The motivation behind the scheme remains unclear, though investigators suspect financial gain as a primary driver.
Legal Ramifications
How was charged with violating Hawaii Revised Statutes (HRS) section 342B-49(b), which specifically prohibits knowingly making false statements, representations, or certifications in any report required by environmental regulations. This statute carries significant penalties for those who attempt to deceive regulatory agencies and compromise public health and environmental safety.
Sentencing and Restitution
On March 12, 2009, the court handed down a sentence of 60 months probation for How. In addition to probation, How was ordered to pay $315 in restitution to the Hawaii Department of Health to cover the costs associated with investigating the fraudulent reports. A substantial fine of $25,000 was also levied, intended to serve as a deterrent to others considering similar violations.
Looking Ahead
This case underscores the importance of accurate environmental reporting and the potential consequences of falsifying data. The Hawaii Department of Health has indicated a commitment to rigorous oversight of environmental testing services to prevent future instances of fraud. The GrimyTimes will continue to follow this case and report on any further developments.
Key Facts
- Defendant: Clifford How
- State: Hawaii
- Year: 2009
- Crime: False Reporting of Opacity Testing Results
- Statute Violated: HRS sec. 342B-49(b) – Knowingly making false statements in environmental reports.
- Penalties: 60 months probation, $315 restitution, $25,000 fine
- Company Involved: Environmenteo Services, Inc. (EMET)
Source: EPA ECHO Enforcement Case Database
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