ATLANTA – Mehboobhusain Malik, who performed thousands of fraudulent emissions tests, has pleaded guilty to violating the Clean Air Act.
“The Georgia emissions program exists to protect our community’s air quality,” said U.S. Attorney Ryan K. Buchanan. “With his guilty plea, Malik admits that he essentially sold his position as a licensed emissions inspector by issuing fake emissions certificates for cars that should have failed the test.”
“This case demonstrates how local, state, and federal agencies work together to uphold and enforce laws designed to protect human health and the air that we breathe,” said Sara Lips, Director of Communications and Community Engagement for the Georgia Environmental Protection Division. “It further underscores EPD’s emphasis on compliance and enforcement in the Enhanced Inspection and Maintenance Program to ensure Georgia and Metro Atlanta continues to meet the National Ambient Air Quality Standards.”
According to U.S. Attorney Buchanan, the charges and other information presented in court: Under the Clean Air Act (the “Act”), states with areas that exceed the National Ambient Air Quality Standards must implement a vehicle inspection and maintenance program. In Georgia, implementation of the Act requires motor vehicle emissions testing in multiple counties, including Fulton, DeKalb, and Gwinnett. To perform the tests, a licensed emissions inspector logs into the Georgia Analyzer System (“GAS”) using biometric technology, inputs the Vehicle Identification Number and license plate number, and conducts the emissions inspection. Once the test is complete, the GAS uploads the test record to allow the vehicle to be registered if the test is passed, or blocked if the test is failed.
Since May 1, 2002, Georgia has been testing 1996 and newer vehicles by using their On Board Diagnostic (“OBD”) systems to check for emissions compliance. The OBD II is accessed through a 16-pin data connector, generally located beneath the vehicle’s dashboard. Simulators have been developed to allow auto manufacturers to simulate different conditions when they design new engines and/or vehicles. Because the simulators are designed to work with vehicle diagnostic tools, these simulators have the same 16-pin data connection as a vehicle’s actual OBD II system and can be used fraudulently to perform an emissions test.
Mehboobhusain Malik was an emissions inspector for Georgia who used his biometric login to initiate emissions tests. For vehicles that could not pass the emissions test, Malik and his confederates programmed a simulator with the vehicle information of the non-passing vehicle. The emissions test was run while the system was attached to the simulator in order to pass the test. That way, Malik falsely attributed the passing test to the vehicle that was programed into the simulator, allowing the vehicle to be improperly registered.
Malik performed thousands of these fraudulent emissions tests at multiple testing locations in the Atlanta metro area.
Mehboobhusain Malik, 72, of Lilburn, Georgia, pleaded guilty to one count of violating the Clean Air Act. Sentencing is scheduled for January 18, 2024, before U.S. District Judge Mark H. Cohen.
This case is being investigated by the U.S. Environmental Protection Agency-Criminal Investigation Division and the Georgia State Environmental Protection Division.
Assistant U.S. Attorney Christopher J. Huber is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
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