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TEN INDICTED FOR UNDERGROUND TANK TESTING FRAUD
Release Date: 05/05/2000
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FOR RELEASE: FRIDAY, MAY 5, 2000
TEN INDICTED FOR UNDERGROUND TANK TESTING FRAUD
On April 28, Kevin Moriarty of Boca Raton, Fla., Gary Ebel of Sulphur Springs, Texas, Katherine R. Wilson of Sherwood, Ark., Michael Doss of East Ridge, Tenn., Nelson Olmeda of Chickamauga, Ga., Bernard Butler of Greenwood, Ind., John Riley of Austin, Texas, Steven Becsey of Little Rock, Ark., Milton Barren of Call, Texas, and Joseph Moriarity of Ocean Isle Beach, N.C., were indicted on a charge of conspiring to commit mail and wire fraud in connection with the testing of underground storage tanks. Testing is required under EPA’s Resource Conservation and Recovery Act and by state law. Three underground storage tank testing companies, AST and ASTI in Little Rock, Ark., and AUST in Austin, Texas, and ASTI, also in Little Rock claimed to use the Horner EZY-CHEK III method to test the tanks. This test takes about three hours to perform; however, the indictment alleges that employees did not stay on site long enough to properly conduct the tests, did not have the proper equipment to do the tests and sent in falsified results by mail and by telefax. In addition, the indictment alleges that tank testers employed by the three companies falsified data relating to line testing. Falsifying data can cause leaks to go undetected and leaking underground storage tanks are a major source of groundwater contamination in some places. If convicted, each defendant faces up to five years in prison and/or a fine up to $250,000. The case was investigated by EPA’s Criminal Investigation Division, the FBI and the Defense Criminal Investigative Service with assistance from the Pennsylvania Department of Environmental Protection and the Texas Natural Resource Conservation Commission. The case is being prosecuted by the U.S. Attorney’s Office in Pittsburgh, Pa.
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