Charlotte, NC – A Charlotte auto shop owner and his employee were sentenced last fall for a conspiracy to defraud federal emissions standards, a case highlighting the ongoing struggle to maintain air quality in the region. Ronald Eugene Kinard, 46, owner of Autoworks, and Jack Bard Haney, 48, an employee, systematically falsified vehicle emission inspections, allowing over 1,280 vehicles to pass that would have otherwise failed, according to court documents. The scheme, known as “clean scanning,” involved using surrogate vehicles to register passing results for failing cars, effectively circumventing the Clean Air Act.
The investigation, a collaborative effort between the U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID), the North Carolina State Bureau of Investigation (NC SBI), and the North Carolina Division of Motor Vehicles License and Theft Bureau, revealed that Kinard and Haney profited from the illegal activity. Customers were charged above standard inspection fees, sometimes reaching $100 per vehicle, for the fraudulent passing results. The practice took place between January 2010 and August 2011, demonstrating a sustained and deliberate effort to violate environmental regulations.
A Blow to Air Quality Efforts
The Charlotte metropolitan area currently exceeds the Environmental Protection Agency’s 8-hour standard for ozone, a dangerous air pollutant that can cause respiratory problems and lung damage. The EPA emphasizes the importance of accurate emissions testing to mitigate this issue. By deliberately undermining the inspection process, Kinard and Haney contributed to increased pollution levels and jeopardized public health. This case underscores the importance of diligent enforcement of environmental laws to protect vulnerable populations.
Legal Ramifications and Sentencing
Both men pled guilty in November 2011 to charges stemming from the scheme. Haney was initially sentenced on November 14, 2012, to six months of incarceration and one year of supervised release, with an additional six months of home detention. However, his violations continued while on supervised release, leading to a further sentence of three months imprisonment followed by nine months of supervised release, handed down July 17, 2014. Kinard received a sentence of six months in prison and two years of supervised release, including six months of home detention, along with a $10,000 fine and 50 hours of community service, delivered on November 26, 2012. Crucially, both defendants are permanently prohibited from conducting vehicle inspections in the future.
Specific Charges and Penalties
The defendants were convicted of violating several federal statutes. Kinard and Haney were charged with conspiracy to violate the Clean Air Act (CAA), specifically 42 U.S.C. 7413(c)(2)(A) and 42 U.S.C. 7413(c)(4), which address false statements regarding vehicle emissions. Haney also faced charges under 18 U.S.C. 1001 for making false statements to federal investigators. The penalties reflect the seriousness of the offenses, aiming to deter others from engaging in similar fraudulent practices. The case was prosecuted by Assistant United States Attorney Steven R. Kaufman of the U.S. Attorney’s Office in Charlotte.
Key Facts
- Defendants: Ronald Eugene Kinard and Jack Bard Haney
- Location: Charlotte, North Carolina
- Scheme: “Clean scanning” – falsifying vehicle emission inspections
- Vehicles Affected: Over 1,180 vehicles falsely passed by Kinard, over 100 by Haney
- Laws Violated: Title 18 U.S. Criminal Code, Clean Air Act (42 U.S.C. 7413(c)(4), 42 U.S.C. 7413(c)(2)(A), 18 U.S.C. 1001)
- Penalties: Six months imprisonment, supervised release, fines, community service, and permanent ban from conducting vehicle inspections.
This case serves as a reminder that environmental crimes are taken seriously by federal and state authorities, and those who prioritize profit over public health and environmental protection will face consequences.
Source: EPA ECHO Enforcement Case Database
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