Joseph DeMatteo, Emissions Fraud, Nevada 2011

LAS VEGAS, NV – Joseph DeMatteo, a former Nevada-certified emissions tester, has been sentenced to five months of home detention and three years of probation for his role in a widespread vehicle emissions testing fraud scheme. The sentencing, handed down on February 28, 2011, marks a significant development in a case that exposed systemic corruption within the Clark County emissions testing system.

DeMatteo was one of ten individuals indicted on January 6, 2010, by a federal grand jury on felony charges related to falsifying vehicle emissions test reports between November 2007 and May 2009. The scheme, known as “clean scanning,” involved entering the Vehicle Identification Number (VIN) of a vehicle failing or absent from the inspection into the system, while actually testing a different, compliant vehicle. This allowed failing vehicles to fraudulently pass inspection, for an extra fee ranging from $10 to $100.

What initially appeared as a localized issue quickly escalated when DeMatteo fled after the indictments were released, becoming a fugitive from justice. He was added to the EPA’s fugitive list, and it took a public tip to authorities to finally locate and arrest him in Las Vegas on June 8, 2010. On October 14, 2010, DeMatteo pleaded guilty to making a material false statement in violation of the Clean Air Act.

The EPA and the Nevada Department of Motor Vehicles Compliance Enforcement Division investigated the case, highlighting the importance of interagency cooperation in combating environmental crime. “Today’s sentence demonstrates that individuals who knowingly violate our nation’s environmental laws and then flee the court’s jurisdiction will be caught and brought to justice,” stated Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. The practice directly undermined Las Vegas’s efforts to meet federal air quality standards, as the city currently violates ozone and carbon monoxide limits—pollutants linked to serious respiratory and cardiovascular health issues.

DeMatteo’s sentence includes a $100 special assessment to the court, in addition to the home detention and probation. He is the sixth of the ten indicted individuals to be sentenced. The remaining defendants – Eduardo Franco, Alexander Worster, Wadji Waked, Adolfo Contreras, David Nelson, William McCown, Gary Smith, Peter Escudero, and Louis Demeo – are also facing legal consequences for their involvement in the scheme. The U.S. Attorney’s Office for the District of Nevada and the Justice Department’s Environmental Crimes Section prosecuted the case.

Key Facts

• Defendant: Joseph DeMatteo
• Crime: Falsifying vehicle emissions test reports
• Location: Clark County, Nevada
• Statutes Violated: 42 U.S.C. 7413(c)(2)(A) – knowingly making false material statements under the Clean Air Act.
• Penalty: 5 months home detention, 3 years probation, $100 assessment
• Scheme: “Clean scanning” – fraudulently passing failing vehicles by substituting data from compliant vehicles.

The case serves as a stark reminder of the potential for fraud to compromise environmental regulations and public health. The EPA continues to prioritize enforcement of the Clean Air Act, emphasizing that those who attempt to circumvent the law will be held accountable.

Source: EPA ECHO Enforcement Case Database

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