Michael Terry, Violating Clean Air Act, Missouri 2009

St. Louis, MO – Michael Terry was sentenced to one year of probation in February 2009 for his role in a scheme to falsify vehicle emissions tests at the Gateway Vehicle Inspection Program. The case, investigated by the Environmental Protection Agency (EPA) Criminal Investigation Division, revealed a deliberate effort to circumvent Clean Air Act regulations, allowing polluting vehicles to remain on Missouri roadways.

According to court documents, Terry, along with co-defendants Mark Banskter and James Dubose, conspired to fraudulently pass vehicles that failed to meet required emission standards. Vehicle owners reportedly paid the men to manipulate the testing process, effectively bypassing environmental safeguards designed to protect public health and air quality.

The EPA’s investigation uncovered that Banskter, the central figure in the operation, directly falsified the emission test results. Terry assisted in this fraudulent activity. Dubose was charged with making false statements related to the scheme. The scheme involved knowingly submitting inaccurate data to the Gateway Vehicle Inspection Program, misleading authorities about the true emissions output of the tested vehicles.

Banskter received the harshest sentence of the three, 10 months in prison and one year of probation, after pleading guilty to his involvement. Dubose also received one year of probation. While no fines were imposed on any of the defendants, the case serves as a warning that environmental crimes carry significant legal consequences.

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Legal Ramifications

The defendants were charged with violating several federal statutes. Specifically, Banskter and Terry each faced two counts of knowingly making false statements under the Clean Air Act (42 U.S.C. 7413(c)(2)(A)). Dubose was charged with one count of making false statements, a violation of 18 U.S.C. 1001(a)(3), in addition to three counts of violating the Clean Air Act. These violations carry penalties including imprisonment and potential fines, highlighting the seriousness with which federal authorities treat environmental fraud.

Key Facts

Defendant: Michael Terry
Crime: Clean Air Act Violation & False Statements
Location: St. Louis, Missouri
Year: 2009
Sentencing: 1 year probation
Co-Defendants: Mark Banskter (10 months prison, 1 year probation), James Dubose (1 year probation)
Statutes Violated: 42 U.S.C. 7413(c)(2)(A), 18 U.S.C. 1001(a)(3)

The case underscores the EPA’s commitment to aggressively pursuing individuals who attempt to undermine environmental regulations for personal gain. The falsification of emissions tests not only harms the environment but also compromises the integrity of the vehicle inspection system, potentially exposing the public to harmful pollutants.

Source: EPA ECHO Enforcement Case Database

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