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Darren Kattan, Emissions Fraud, NY 2017

Syracuse, NY – Two Louisiana men were sentenced this week for their roles in a conspiracy to defraud vehicle emissions testing, federal authorities announced. Darren Kattan, 31, of Baton Rouge, and Charles Bayer, 33, of Lafayette, were each sentenced to three years of probation for designing, manufacturing, and distributing devices used to bypass state motor vehicle inspections.

The investigation, led by the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) and the New York State Department of Environmental Conservation, revealed that Kattan initially developed the simulator devices between 2010 and 2013. These devices were specifically engineered to deceive emissions testing equipment, allowing vehicles to pass inspection despite potentially exceeding legal pollution limits. Authorities estimate at least 170 of these devices were distributed nationwide.

According to court documents, Kattan wasn’t acting alone. He collaborated with co-conspirators, including Bayer, to produce and disseminate the fraudulent technology. The scheme unraveled following an undercover operation by EPA-CID agents. Kattan was apprehended in Louisiana after turning over the source codes for his devices in exchange for a $10,000 payment—a payment that ultimately didn’t shield him from prosecution. Bayer, meanwhile, continued the operation, purchasing Kattan’s remaining inventory and actively selling the devices after 2011, fully aware of their illegal purpose.

Legal Ramifications

Both men pleaded guilty to violating Title 18 U.S. Criminal Code, specifically 18 U.S.C. 371 (Conspiracy to Commit Offense or Fraud), and related Clean Air Act violations. While neither received jail time, the penalties levied reflect the seriousness of the offense. Bayer was ordered to pay a $5,000 fine, while Kattan faced a steeper penalty of $10,000. Furthermore, both will spend the first four months of their three-year probation under house arrest.

Impact on Environmental Regulations

The EPA-CID emphasizes that this case underscores the agency’s commitment to enforcing environmental laws and holding accountable those who attempt to circumvent regulations designed to protect public health and the environment. Tampering with emissions control systems not only violates the law but also contributes to air pollution, impacting respiratory health and contributing to climate change. This case serves as a warning to others considering similar schemes.

Key Facts

  • Defendants: Darren Kattan and Charles Bayer
  • Location: Syracuse, New York (sentencing); Louisiana (origin of scheme)
  • Years Active: 2010 – 2013
  • Crime: Conspiracy to commit mail fraud and violate the Clean Air Act by selling emissions defeat devices.
  • Devices Distributed: At least 170
  • Penalties: Three years probation (with 4 months house arrest), Bayer fined $5,000, Kattan fined $10,000
  • Investigating Agencies: EPA-CID, New York State Department of Environmental Conservation

Assistant U.S. Attorney Michael F. Perry and Senior Trial Attorney Todd Gleason of the Department of Justice’s Environmental and Natural Resources Division prosecuted the case, highlighting the collaborative effort required to address complex environmental crimes.


Source: EPA ECHO Enforcement Case Database

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