Detroit, MI – Larry Tester, owner of Genesis Air, a Michigan-based air emissions testing firm, was sentenced following a guilty plea to state environmental fraud in November 2007. The case, investigated by state environmental authorities, revealed a pattern of falsified data submitted to clients and regulatory agencies, jeopardizing public health and environmental compliance.
Genesis Air provided crucial stack testing services to various facilities, determining their adherence to both state and federal Clean Air Act standards. These tests are vital for permitting processes and ensuring industrial operations aren’t exceeding allowable emission levels. According to court documents, Tester intentionally misrepresented the results of a stack test conducted for a client, providing inaccurate data that painted a misleading picture of the facility’s emissions.
The fraud came to light after discrepancies were discovered in the submitted report, prompting a review by the affected client. This review triggered a state investigation that confirmed the falsification. Investigators determined that the inaccurate report could have led to improper permitting decisions and a failure to address legitimate air quality concerns. The scope of potential widespread falsification remains unclear, though authorities focused on the single instance substantiated by evidence.
On November 17, 2006, Tester was formally charged with violating state environmental regulation 32431152(A). He subsequently entered a guilty plea and, following court proceedings, received a sentence of 24 months probation. In addition to probation, Tester was ordered to pay a $955 state fine and $12,890 in restitution to the client impacted by the fraudulent report. The restitution aimed to cover the costs incurred by the client to re-test their emissions and rectify the inaccurate data.
Penalties and Restrictions
The court imposed strict conditions on Tester’s probation, explicitly prohibiting him from participating in the stack testing business for the duration of the sentence. Furthermore, as part of the sentencing agreement, Tester was mandated to publish a public apology in a relevant trade journal, acknowledging his wrongdoing and the damage it caused to the integrity of the industry. This unusual requirement aimed to serve as both a deterrent to others and a form of public accountability.
Key Facts
- Defendant: Larry Tester
- Company: Genesis Air
- State: Michigan
- Year: 2007
- Statute Violated: Michigan State Environmental Regulation 32431152(A)
- Penalties: 24 months probation, $955 fine, $12,890 restitution, ban from stack testing, public apology
- Crime: Falsification of air emissions test results.
GrimyTimes will continue to follow any further developments related to this case and investigate potential broader issues within the air emissions testing industry in Michigan.
Source: EPA ECHO Enforcement Case Database
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