Herschel Clark, Emissions Fraud, Missouri 2010

Imperial, MO – Two Missouri men, Jon Clark and Herschel Clark, were convicted in federal court for their roles in a fraudulent emissions inspection scheme at Clark Tire and Auto Wholesale, LLC, located in Imperial, Missouri. The scheme, which ran from 2007 to 2009, involved falsely passing vehicles that would otherwise fail emissions testing, violating the Clean Air Act and defrauding both the state and vehicle owners.

According to court documents, Herschel Clark, a licensed emissions inspector, fraudulently scanned approximately 42 vehicles between November 2007 and October 2009. Instead of testing the vehicles presented, Clark utilized other vehicles – including a 1997 Chevrolet Malibu – to obtain passing results. A subsequent investigation by the Missouri State Highway Patrol revealed an additional 41 vehicles had been subjected to similar fraudulent practices. Investigators found evidence suggesting some vehicle owners were charged inflated prices for inspections and unnecessary repairs in exchange for the falsified passing grades.

Jon Clark, also a licensed emissions inspector, engaged in similar fraudulent activity between May and October 2009, falsifying emissions tests for approximately 25 vehicles. He reportedly used a 2005 Chevrolet Cavalier, among other vehicles, to generate passing scores for vehicles that would have failed legitimate testing. The Missouri State Highway Patrol later identified 24 additional instances of fraudulent scans linked to Jon Clark, with evidence indicating some owners were similarly exploited with inflated fees.

The investigation, which led to the criminal charges in August 2010, revealed a systemic effort to circumvent environmental regulations and profit from deceptive practices. The fraudulent emissions tests allowed vehicles that were polluting at higher rates to remain on the road, contributing to air quality issues in the region. Authorities suggest the scheme preyed on vehicle owners who were either unaware of the fraud or willing to pay a premium to avoid addressing legitimate vehicle repairs.

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Penalties and Sentencing

Both men pled guilty to one felony count of violating the Clean Air Act, specifically 42 U.S.C. 7413(c)(2)(A), which prohibits knowingly making false material statements in matters within the jurisdiction of the Environmental Protection Agency. On February 4, 2011, Jon Clark was sentenced to 24 months of probation and ordered to pay a $1,500 federal fine. Herschel Clark received a harsher sentence on March 10, 2011: 36 months of probation, including 12 months of home confinement monitored electronically, 100 hours of community service, and a $100 special assessment fee.

Key Facts

Defendants: Jon Arthur Clark & Herschel Clark
Location: Clark Tire and Auto Wholesale, Imperial, Missouri
Scheme Duration: 2007-2009
Vehicles Affected: Approximately 67 (42 by Herschel Clark, 25 by Jon Clark, plus additional identified by patrol)
Statute Violated: 42 U.S.C. 7413(c)(2)(A) – Clean Air Act
Penalties: Probation, fines, community service, home confinement

The case highlights the importance of rigorous oversight of emissions testing facilities and the potential for fraud within the automotive industry. Federal and state authorities continue to emphasize the need for accurate emissions testing to protect public health and the environment.

Source: EPA ECHO Enforcement Case Database

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