Roger Scoggins, Emissions Fraud, CA 1987

Garden Grove, CA – A decades-old case of automotive emissions fraud resurfaced in GrimyTimes’ archives, revealing a scheme perpetrated by Custom Engineering and its key personnel in 1986 and 1987. The Environmental Protection Agency’s (EPA) criminal enforcement action targeted the “gray market” laboratory for falsifying testing results submitted to federal authorities, allowing non-conforming vehicles to bypass crucial emission standards.

The investigation, which culminated in guilty pleas and sentencing in early 1987, centered around allegations that Custom Engineering, along with its president, Arthur Closson, manager Roger Scoggins, and technical director, Robert Sidwell, knowingly submitted fraudulent documentation. These documents falsely claimed that vehicles undergoing testing met the required Federal emission regulations. The scheme enabled the company to certify vehicles that would otherwise have failed, potentially releasing significant pollutants into the atmosphere.

Indictment and Plea Bargains

A 36-count indictment was returned on June 10, 1986, outlining the scope of the alleged fraud. Closson and the company were charged with 18 counts of mail fraud (18 U.S.C. 1341) and 15 counts of making false statements (18 U.S.C. 1001). Scoggins faced 18 counts of mail fraud and 11 counts of false statements, while Sidwell was charged with four counts of mail fraud, four counts of false statements, and, critically, three counts of perjury (18 U.S.C. 1623) for providing false testimony to the grand jury.

Facing mounting evidence, plea bargains were reached in December 1986. Custom Engineering and Closson each pled guilty to five counts of making false statements and four counts of mail fraud. Scoggins admitted guilt to two counts of mail fraud, and Sidwell to two counts of false statements. The reduction in charges suggests a level of cooperation with investigators, though the full extent remains unclear from available records.

Sentencing and Penalties

Sentencing took place over the following months. On March 31, 1987, both Scoggins and Sidwell received 60 months of probation. A more severe sentence was handed down to Closson on May 4, 1987, with a six-month period of incarceration followed by 60 months of probation. Notably, no fines were imposed on any of the defendants or the company. While probation was granted to the company, the 60-month probationary period suggests the court recognized the seriousness of the offense despite the lack of monetary penalties.

The case highlights the importance of rigorous oversight in the automotive industry and the potential for significant environmental harm when testing protocols are compromised. While the penalties appear lenient by today’s standards, the 1987 prosecution served as a warning against tampering with federal regulations designed to protect public health and the environment. The long-term impact of the fraudulently certified vehicles, and whether further enforcement actions were taken regarding those vehicles, remains unknown.

Key Facts

• Defendant: Roger Scoggins, Arthur Closson, Robert Sidwell, Custom Engineering
• Location: Garden Grove, California
• Year: 1987
• Statutes Violated: 18 U.S.C. 1001 (False Statements), 18 U.S.C. 1341 (Mail Fraud), 18 U.S.C. 1623 (Perjury)
• Penalties: Scoggins & Sidwell – 60 months probation. Closson – 6 months incarceration & 60 months probation. Custom Engineering – 60 months probation. No fines imposed.
• Crime: Falsification of automotive emissions testing results submitted to the EPA.

Source: EPA ECHO Enforcement Case Database

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