N.J. Inspectors Faked 131 Emission Tests: Prosecutor

NEWARK, NJ — A New Jersey grand jury has indicted a Hoboken man and former motor vehicle inspector for allegedly faking more than 100 emissions inspection results in Secaucus, Lodi and Newark, prosecutors say.

Lenny Roman, 38, of Hoboken, a former employee of Parsons Environment & Infrastructure Group Inc., the contractor that operates central inspection facilities (CIF) for the New Jersey Motor Vehicle Commission, was charged for his role in the alleged scheme along with two other current inspectors:

• Evan Pierre-Noel, 27, of West Orange, employed by Parsons as a motor vehicle inspector at the Secaucus CIF
• Mark Faison Jr., 48, of Newark, employed by Parsons as a motor vehicle inspector at the Newark CIF

A pair of car owners from Newark and Park Ridge were also charged in the indictment for allegedly having data simulators used to generate passing results for their own vehicles that had failed emissions inspections, prosecutors said.

On Monday, NJ Attorney General Christopher Porrino announced that most of the fraudulent inspections were allegedly performed at the Secaucus CIF, and a smaller number took place at the Lodi and Newark CIFs.

“This type of behavior has very real consequences by increasing the volume of pollutants that affect public health and the environment,” said Department of Environmental Protection Commissioner Bob Martin.

• See related article: Getting Your New Jersey Car Inspected Is About To Change Big Time

Prosecutors explained how the alleged scam worked:

“Most passenger cars and light-duty vehicles of model year 1996 or later have an onboard diagnostic (OBD) system that monitors the vehicle’s emissions system. During an OBD inspection, an inspector at a private inspection facility (PIF) or a central inspection facility (CIF) connects state-approved inspection equipment to a standardized ‘data link connector’ in the vehicle to retrieve OBD data in order to determine whether the vehicle passes or fails. The state’s investigation revealed that the defendants participated in the installation of an OBD simulator in place of the data link connector in vehicles that had failed emissions inspections in order to generate false data that enabled the vehicles to pass inspection.”

According to prosecutors, Roman allegedly sought out clients whose cars had failed inspection, typically charging them from $150 to $200 for passing results.

From October through December of 2015, Roman and various co-conspirators allegedly used an OBD simulator owned by Roman to falsify 131 emissions inspections involving 127 vehicles, prosecutors said.

Pierre-Noel allegedly conspired with Roman to carry out the scheme, using his position as a motor vehicle inspector at the Secaucus CIF to refer clients to Roman and assist with a number of the inspections in which Roman’s OBD simulator was used, prosecutors said.

Faison allegedly used Roman’s OBD simulator during an inspection of his own vehicle and also inspected several other vehicles with the OBD simulator at the Newark CIF, prosecutors stated.

Prosecutors also charged Roman with official misconduct for allegedly falsely reporting 157 state inspection stickers stolen from his private vehicle in April 2015 so that he could sell them for a profit.

Roman’s license to operate a private inspection facility was suspended after he reported the stickers stolen because he was not authorized to have the stickers in his vehicle, prosecutors said.

Roman worked at the Secaucus CIF until 2010 and later was licensed to operate a private inspection facility in Paterson, Lenny’s Diagnostic & Inspection, prosecutors stated.

According to prosecutors, police later found one of the stickers on a vehicle owned by a man who allegedly paid Roman $250 after his vehicle failed inspection. Detectives also found a pair of the stickers while executing a search warrant on Roman’s vehicle.

Authorities charged Roman and Pierre-Noel with conspiracy (2nd degree), official misconduct (2nd degree), violation of the federal Air Pollution Control Act (3rd degree), computer criminal activity (3rd degree), and tampering with public records or information (3rd degree). Roman also is charged with a second count of official misconduct (2nd degree) and pattern of official misconduct (2nd degree).

Authorities charged Faison with official misconduct (2nd degree), violation of the federal Air Pollution Control Act (3rd degree), and tampering with public records or information (3rd degree).

Prosecutors said that second-degree charges carry a sentence of five to 10 years in state prison and a fine of up to $150,000, while third degree charges carry a sentence of three to five years in prison and a fine of up to $15,000. The third-degree charge of computer criminal activity carries a mandatory period of parole ineligibility equal to one-third to one-half of the sentence imposed.

The indictment was handed up to Superior Court Judge Robert Billmeier in Mercer County, who assigned the case to Hudson County, where the defendants will be ordered to appear in court at a later date for arraignment.

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