The California Department of Consumer Affairs, Bureau of Automotive Repair (BAR) has conducted undercover investigations some of which have lead to criminal convictions for fraud and administrative sanctions such as losing licenses.
In 2008, BAR conducted an undercover investigation to determine if technicians or shops were committing “clean piping” fraud. “Clean piping” occurs when a technician enters data into the official Emissions Information System verifying registration and test data results for a car that is not the car used for the actual test.
On June 4, 2008, BAR conducted an undercover investigation which revealed that Jesus Jimenez Lopez (DOB 9/9/1962) was engaged in a “clean piping” scheme. The BAR investigation determined that Mr. Lopez entered data into the Smog Analyzer system that did not match the vehicles actually being tested at the time of the tests on three separate occasions at Ventura Smog and Test Only located in Ventura, California. Submitting false certificates and fraudulent smog test certificates are felony offenses.
Mr. Lopez was arrested and charged due to this alleged clean piping fraud. On March 25, 2010, Lopez pled guilty to three felony counts: (1) a violation of Health and Safety Code Section 44059, (2) perjury by submitting false information through the Bureau of Automotive Repair's Emissions Information System, and (3) Vehicle Code section 4463(a), filing a false registration document.
On June 16, 2010, the Honorable Edward F. Brodie sentenced Mr. Lopez to three years probation and 120 days in the Ventura County jail for pleading guilty to these three felony charges. In addition, pursuant to the terms of his probation, Mr. Lopez is not allowed to operate any smog testing equipment without being licensed and cannot be on the premises of any smog testing station unless his personal vehicle is being tested, or he is otherwise licensed to conduct such business by the California Bureau of Automotive Repair.
Prior to the resolution of this criminal case, Mr. Lopez's license to conduct smog inspections was previously revoked by the Bureau of Automotive Repair in administrative proceedings.
Attorney Commentary: This is the type of case where there is an administrative case and criminal case running parallel. In this case, the administrative case finished before the criminal case. Often the administrative boards will wait until the criminal case in concluded before taking action against a license. The loss of the license can often be an equal or greater penalty than the criminal sanction. If there is an arrest that relates to one's license or profession, it is important to consult an experienced California board attorney for strategy and representation. In many cases, the licenses can be saved. The value of those licenses can be significant over a 10 or 20 year period.
Attorney Commentary: This is the type of case where there is an administrative case and criminal case running parallel. In this case, the administrative case finished before the criminal case. Often the administrative boards will wait until the criminal case in concluded before taking action against a license. The loss of the license can often be an equal or greater penalty than the criminal sanction. If there is an arrest that relates to one's license or profession, it is important to consult an experienced California board attorney for strategy and representation. In many cases, the licenses can be saved. The value of those licenses can be significant over a 10 or 20 year period.
Posted by Tracy Green, Esq. Any questions or comments should be directed to Tracy Green, a very experienced Bureau of Automotive Fraud attorney and automotive repair fraud attorney at tgreen@greenassoc.com.
The firm focuses its practice on the representation of licensed professionals, individuals and businesses in civil, business, administrative and criminal proceedings. They have a specialty in representing licensed businesses such as automotive repair shops and technicians before the California Bureau of Automotive Repair. Their website is: http://www.greenassoc.com/
The firm focuses its practice on the representation of licensed professionals, individuals and businesses in civil, business, administrative and criminal proceedings. They have a specialty in representing licensed businesses such as automotive repair shops and technicians before the California Bureau of Automotive Repair. Their website is: http://www.greenassoc.com/
