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Test to Trial Case Studies in Fraudulent Vehicle Emissions How They Were Caught How They Were Handled 2015 I/M Solutions Training1 Stephen Leydon Vehicle.

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Presentation on theme: "Test to Trial Case Studies in Fraudulent Vehicle Emissions How They Were Caught How They Were Handled 2015 I/M Solutions Training1 Stephen Leydon Vehicle."— Presentation transcript:

1 Test to Trial Case Studies in Fraudulent Vehicle Emissions How They Were Caught How They Were Handled 2015 I/M Solutions Training1 Stephen Leydon Vehicle Emissions Testing Coordinator Georgia Environmental Protection Division Mobile & Area Sources Program

2 CASES Fraudulent Vehicle Report / Inspection – Motorist – Entrepreneur Fraudulent Inspections – Individual activity – Corporate activity 2015 I/M Solutions Training2

3 Case #1 VIR Fraud Georgia Code 16-10-20** – Fraud based upon providing a state agency fraudulent information Under Article 2 OBSTRUCTION of PUBLIC ADMINISTRATOIN and RELATED OFFENSES ** 16 -10 -20 False statements and writings; concealment of facts “up to $1,000 or not less than 1year nor more than 5 years, or both” 2015 I/M Solutions Training3

4 Fraudulent VIR Typically caught by county tag offices – No inspection showing in the GRATIS* system – Failed inspection shows in GRATIS system – Test ID not printed on VIR GRATIS has an algorithm to verify the VIR * Georgia Registration and Tittle Information System 2015 I/M Solutions Training4

5 Fake VIRFake VIR 5

6 6

7 Case #2 Individual Inspector Fraud Providing a passing inspection on a vehicle not tested Providing a false Document to a State Agency Forgery in the 1 st Degree Transmitting fraudulent information electronically to a state computer (VID) 2015 I/M Solutions Training7

8 Vehicle #1 Missing Cal ID Changed Protocol Wrong PID Count Wrong PCM ID New Monitor at 138,450 miles? 2015 I/M Solutions Training8

9 Vehicle #2 Missing E-VIN Missing Cal ID Wrong Protocol Wrong PID Count Wrong PCM ID 2015 I/M Solutions Training9

10 Vehicle #3 Missing E-VIN Missing CAL ID Wrong Protocol Wrong PID Count New monitor at 288,802 miles? 2015 I/M Solutions Training10

11 Case #3 Rico Fraud RICO Based Upon the Method of Fraud, Network, and Number of Involved Persons Inspection Records Indicate Fraud Observations Proved Fraud Video Surveillance Proved Fraud Audit of Transactions Implicated Multiple Entities Were Involved 2015 I/M Solutions Training11

12 16-9-30 Illegal Use of Financial Transaction Cards Obtaining money, goods, services etc, Making deposits… Withdrawing funds.. Transferring funds.. Etc. 2015 I/M Solutions Training12

13 16-9-93d Criminal Liability…Crimes of … Computer Theft, Forgery… d. Any person who creates, alters, or deletes data contained in any computer or network, who, if such person created…. A tangible document… has committed computer forgery. The absence of a of a tangible [document] shall not be a defense to the crime if alteration, creation, or deletion data was involved. 2015 I/M Solutions Training13

14 16-10-20 False Statements and Writings, Concealment of Facts Knowingly and willfully falsifies, conceals, or covers up [scheme, device, material fact].. In any matter within the jurisdiction of the [department]: 1-5 years not more than $1,000 or both. 2015 I/M Solutions Training14

15 Observed Inspections at Location Late November – Early December 2011 First inspection was valid Second inspection appears fraudulent Video was captured through a knot hole in the stockade fence Surveillance confirmed fraudulent activity {even with the doors down} Observed live inspection data on multiple vehicles never seen on the lot during surveillance 2015 I/M Solutions Training15

16 Initial Search Warrant December 19, 2011 Arrested Person at GAS Unit Performing Tests Seized the GAS unit Seized cell phone – Court Ordered Phone Records in January 2012 May 25, 2012 Grand Jury Subpoena for 8 Telephone Numbers June 28, 2012 RICO Arrest Warrants Signed in Douglas County 2015 I/M Solutions Training16

17 Subsequent Search Warrants July 9, 10 2012 Warrants Issued: – 14 in Douglas County – 1 in Fulton County Multiple Agencies: EPD, EPA, Sherif, Local Police – Four Teams Synchronized Efforts 9 out of 11 Arrested in One Morning – 1 In Custody on Other Charges, 1 Out of Town 2015 I/M Solutions Training17

18 Bond Hearing July 11, 2012 Local News Media in Court More Search Warrants Issued (2) for Physical Locations After Hearing Search Warrants issued for 8 Cell Phones Subsequent Subpoenas for Phone records 2015 I/M Solutions Training18

19 Court Video Used in Training WSB TV Channel 2 Video Footage 2015 I/M Solutions Training19

20 Graphic of Chapel Hill Network 2015 I/M Solutions Training20

21 Final Disposition of Douglas County Case 2015 I/M Solutions Training21 DefendantSentenceFinePleadComment Ring Leader 10 X 5yr/prob $4,00016-9-9380 Hrs Community Forfeit Seized Assets Banned from County/probation Player 21 X 5 yr/prob$2,00016-9-93Banned from County/probation Player 31 X 5 yr/prob16-9-93Banned from County/probation Player 4Dead DocIn ICE Custody on hold (36 months in July) Player 51 X 5 yr/prob$2,00016-9-93Banned from County/probation Player 61 X 5 yr/prob$2,00016-9-93Banned from County/probation Player 71 X 5 yr/prob$2,00016-9-9340 Hrs Community Banned from County/probation Player 8Nolle ProssPicked up on other charges, Died in jail Player 91 X 5 yr/prob$2,00016-9-30Banned from County/probation Player 101 X 5 yr/prob$2,00016-9-30Banned from County/probation Player 111 X 5 yr/prob16-10-20Time Spent /4mo Player 12Dismissed

22 Fayette County Case 2015 I/M Solutions Training22 DefendantSentenceFinePlead Comment Player 13x20 yr cct$25,000Deceptive Business10 yrs to serve Player 23x1 yr cnsComputer ForgeryTime served Player 32x10 yr cct$50,000Fraudulent Business120 days to serve Player 42x8 yr cct$2,500Computer Forgery210 days to serve Player 52x4 yr cctComputer Forgery1 st Offender Player 62x5 yr cct$500False Document/VIR1 st Offender Player 72x10 yr cct$2,500Computer Forgery2 yr to serve Player 82x8 yr cct$2,500Computer Forgery1 st Offender Player 91x2 ; 1x3 yr cns$1,500Forgery/False Docs270 days to serve Player 101x5 ; 1x3 yr cnsComputer Forgery60 days serve/cons Player 112x8 yr cct$2,500Computer Forgery3 years to serve Player 125x1 yr cct$1,500Fraudulent Business120 days to serve Player 13 In Jail in another county Player 14Out of State, Charge Pend

23 Final Thoughts GREAT Police Work Pays Off! If you don’t want to spend the time,, Don’t Do The Crime! 2015 I/M Solutions Training23

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