An investigation conducted by the Attorney General’s Office and the Arizona Department of Environmental Quality (ADEQ) revealed that Montemayor took payments from undercover investigators posing as consumers to repair vehicles that should not pass the state required emissions test. Instead of performing the appropriate repairs to correct underlying problems, the staff would install an electronic override device to create a false passing result. Undercover investigators confirmed the fraudulent activity was taking place in 2014.
“The defendant violated the trust of law-abiding consumers who were seeking required vehicle repairs,” said Attorney General Mark Brnovich. “He put his personal gain before the health and safety of our community by bypassing laws that help keep our air clean.”
“Participating in the vehicle emissions inspection (VEI) program is one of the most valuable ways Arizona residents can help improve air quality and protect public health. I appreciate the diligence of ADEQ staff and the VEI contractor, Gordon Darby, who supported the AG’s investigation and helped bring this case to a successful end,” ADEQ Director Henry Darwin said.
On March 19, 2015, Montemayor was sentenced to nine months in jail as a term of supervised probation and ordered to pay $10,000 to the Attorney General’s Anti-Racketeering Fund.
Anyone who believes they are a victim of fraudulent business activity is urged to contact The Attorney General’s Consumer Protection and Advocacy Division by phone at (602) 542-5763 (Phoenix), (520) 628-6504 (Tucson), or toll free outside metro Phoenix, (800) 352-8431, or by email at firstname.lastname@example.org.