Providence, RI – Mark B. Hawkins, operator of Whitco Ameritest Corporation, was sentenced in December 2011 following a guilty plea related to falsifying environmental testing documentation submitted to the Rhode Island Department of Environmental Management (RI DEM). The case, originating in late 2009, highlights a concerning instance of fraudulent reporting within the state’s regulated environmental sector.
According to court records, Hawkins certified that Whitco Ameritest had performed required tightness tests on underground storage tanks. These tests are crucial for ensuring environmental safety and preventing leaks that could contaminate soil and groundwater. However, investigators determined that Hawkins was not licensed by the RI DEM to conduct such testing at the time the certifications were submitted. This deliberate misrepresentation constituted a clear violation of state law.
The initial charge, filed on December 9, 2009, centered around Rhode Island Criminal Statute 11-18-1, which specifically prohibits providing false documents to a public official, employee, or agent. The RI DEM relies on the accuracy of submitted reports to enforce environmental regulations and protect public health. Hawkins’ actions undermined this process and potentially put Rhode Island’s environment at risk.
After a period of legal proceedings, Hawkins ultimately pled guilty to Count #7 of the original indictment on December 14, 2011. The court imposed a sentence of 12 months probation, along with a $180 court assessment fee. More significantly, Hawkins was ordered to pay $4,750 in restitution to those impacted by the fraudulent reports – the specific victims were not detailed in available case data. All remaining charges against Hawkins were dropped, as were all charges initially filed against Whitco Ameritest Corporation.
While the case concluded with a plea bargain, the incident raises questions about oversight and enforcement of licensing requirements for environmental testing firms operating within Rhode Island. The relatively light sentence, a year of probation and modest financial penalties, may also draw scrutiny from environmental advocacy groups. GrimyTimes is continuing to investigate whether similar instances of falsified environmental data have occurred and if current regulations are sufficient to prevent future violations.
Key Facts
- Defendant: Mark B. Hawkins, operating Whitco Ameritest Corporation
- State: Rhode Island
- Year of Offense: 2009 (charge filed), 2011 (plea & sentencing)
- Statute Violated: Rhode Island Criminal Statute 11-18-1 – Providing a false document to a public official/employee/agent.
- Penalties: 12 months probation, $180 court assessment fee, $4,750 restitution
- Nature of Crime: Fraudulent certification of underground storage tank tightness tests, performed without proper licensing.
GrimyTimes will continue to follow this story and provide updates as they become available.
Source: EPA ECHO Enforcement Case Database
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