Redding Woman Indicted for Fake Drug Test Results

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A Redding woman has been indicted for 25-counts of mail fraud and making false statements to a government agency over the alleged falsification of drug test results for commercial drivers, according to a statement released by the U. S. Attorney’s Eastern District of California office, August 22nd. 

According to the indictment, Demetri Dearth, 56, was the owner and operator of Advanced Substance Abuse Programs (ASAP) based in Redding. Dearth purported to assist approximately 80 U.S. Dept. of Transportation regulated employers of commercial drivers to comply with U.S. DOT regulations requiring pre-employment and random drug tests of commercial drivers.

Investigation Details

According to the indictment, instead of sending specimens collected from drivers to laboratories and the MRO to review, Dearth created false and fraudulent documents purportedly signed by doctors indicating that the drug tests had come back from the lab negative. Dearth then billed her clients for these tests.

“Department of Transportation regulations requiring that commercial drivers be tested for drugs are in place to keep our roads and highways safe,” U.S. Attorney Wagner stated. “We will prosecute those who put public safety at risk by disregarding these regulations for their own personal gain.”

“This indictment demonstrates U.S. DOT’s commitment to ensuring both public safety and the integrity of the Department’s regulations requiring pre-employment and random drug testing,” said William Swallow, U.S. DOT Office of Inspector General Regional Special Agent-In-Charge. “Working with our law enforcement and prosecutorial colleagues, we will continue our efforts to prevent, detect, and prosecute attempts to circumvent U.S. DOT regulations.”

This case is the product of an investigation by the U.S. DOT – Office of Inspector General, Assistant United States Attorney Lee S. Bickley is prosecuting the case.

If convicted of mail fraud, Dearth faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The maximum statutory penalty for false statements to a government agency is five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the federal sentencing guidelines, which take into account a number of variables.

CHP/CSAT Inspection Triggers Investigation

Jason Lindell who works for Boyd Trucking Co., in Red Bluff says his company was a victim of Dearth’s fraud. Lindell said it all started with a failed California Highway Patrol Biennial Inspection of Terminals and Controlled Substance and Alcohol Testing (BIT/CSAT) inspection, which at first he thought was a mistake.

“We were going through a standard BIT/CSAT inspection by CHP and when we went through the drug portion of the inspection, the CHP inspector told us our random testing amounts had not come up to what they were supposed to be,” said Lindell. DOT and state regulations require 50 percent random drug testing and 10 percent random alcohol testing. Lindell explained he submitted drug test results paperwork for 25 driver employees. He said CHP believed 22 of those documents were suspicious looking.

Tammy Boone who runs a local drug testing program said there were many red flags. Her company helps businesses stay in compliance with regulatory requirements. Boyd utilized her services to investigate the suspicious test results.

“The specimen ID numbers looked like they had been typed in an old fashioned type writer, names of the drivers were even misspelled,” Boone explained.

When Boone emailed the laboratories who were supposed to have performed these urine drug screens, she received the answer she was afraid of – the documents were fake. “There was absolutely no record of these 22 tests at the lab identified on the chain-of-custody form, so we knew they there were forgeries,” she said. Boone turned the case over to federal DOT authorities who submitted the case to the U.S. District Attorney’s office who is now prosecuting the case.

Boyd Trucking’s Lindell had to perform a new round of pre-employment drug test for all his drivers, which cost him $1,000. Fortunately all of them tested negative. Lindell said he is glad that it’s over for him and for anyone else who relied on this company for drug testing.

“There’s a lot of important decisions that were made on these test results and there’s some companies that may have had employees slip through the cracks,” Lindell said.

The Unknowns

Authorities are not saying how many people Dearth may have failed to test but with 80 companies involved, it was probably hundreds. Nor would they say anything about drivers that tested positive after this fraud was exposed.

“What’s really unfair about this is that nine times out of ten, as in Boyd Trucking’s situation, they have no idea that these test results have been forged,” Boone said.
It’s also important to note that the DOT regulations state that drug testing is an “employer based regulation.” When an employer chooses a third party to help them with safety compliance, the performance of the third party’s duties still falls under the responsibility of the employer company. So make sure you utilize a reputable third party administrator like American Alliance Drug Testing (AATD) for all your drug and alcohol testing needs.

Preparing For a CHP CSAT Inspection or DOT Compliance Review

We have been receiving several calls from clients unsure as to what they need to do for a scheduled CHP Bi-annual Inspection of Terminal (BIT) inspection and Controlled Substance Alcohol and Testing (CSAT) review or a DOT Compliance Review.

In your AADT Company Compliance Manual, Section 3 “What to Do When” we have guidance on Preparing for a CSAT or Compliance Review by either the CHP or U.S. DOT FMCSA inspectors. This can also be found online at: www.aadrugtesting.com

Below, we have prepared a list of required documents, document storage and training requirements as an aid in the preparation for a drug and alcohol compliance review by a regulatory enforcement agency. Compliance review requirements may vary due to each agencies and even inspectors preferences; we suggest that when you are notified of a scheduled compliance review, ask the inspector what he/she will want to review. Typically, you are given a 48-hour notice to prepare for the inspection; the regulation requires this minimum period of time to produce records.

We suggest contacting AADT immediately following a notification if you have any questions and so we can assist you with answers and/or materials that you may need. Since some of the required reports must come directly from the laboratory (Lab) or medical review officer (MRO) it may take up to two business days (48-hours) to obtain those reports. Again be sure you contact AADT as soon as possible prior to your review/inspection date.

Here’s What You Need:

  1. Have your Certification of Enrollment and Company Profile available for the inspector’s review. It is suggested to have it readily available in the front sleeve of your AADT Compliance Manual.
  2. Be sure to have all employee’s confidential drug and alcohol testing records separate from their general employment information and only accessible by authorized company personnel.
  3. Make sure every employee has received and reviewed a copy of the Company’s Controlled Substance and Alcohol Misuse Policy (a sample policy is located in Section 4); and the employee has signed the Certificate of Receipt Form 101, located in Section 4, and the signed copy is in the employee’s confidential personnel file. Also have your Company Drug & Alcohol Testing Policy available for your inspector’s review.
  4. Make sure the employee has completed the Consent Form for Urinalysis and/or Alcohol Testing Form 113 and there is a signed copy in the employee’s confidential personnel file. If the Pre-employment Testing Verification Form 104, located in Section 6, was used as referenced when asking the employee at the time of application if he/she has ever tested positive or refused to test on a previous pre-employment DOT drug or alcohol test, this form would also need to go into the file.
  5. Make sure all of the employee’s Driver Request and Authorization for Release of Information Form 114, located in Section 6, have been received by past employers or all documentation of attempts to obtain the information is in the employee’s confidential personnel file.
  6. Make sure the employee has completed the requirements for pre-employment testing. The employer’s copy (Copy 4) of the COC/CCF and the MRO signed copy of the test result(s) and/or the employer’s copy of the Alcohol Testing Form (if it was a requirement under company’s policy) with the test receipt attached needs to be in the employee’s confidential personnel file. We also suggest a copy of the original submitted Add/Delete a Driver Form 110 to be placed in the file for confirmation purposes.
  7. If the employee has been subject to random testing the Random Test Notification, the employer’s copy (Copy 4) of the COC/CCF and the MRO signed copy of the test result (s) and/or the employer’s copy of the Alcohol Testing Form with the test receipt attached needs to be in the employee’s confidential personnel file.
  8. If the employee has been subject to any other testing, the employer’s copy (Copy 4) of the COC/CCF and the MRO signed copy of the test result (s) and/or the employer’s copy of the Alcohol Testing Form with the test receipt attached, and all documentation pertaining to testing needs to be in the employee’s confidential compliance file.
  9. Have all records of the completion of a DOT approved training course on controlled substance use and alcohol misuse available for all Company Supervisors or DERs that have completed the course.
  10. For all DOT purposes you will need the Management Information System (MIS) Reports for the past 2 years. These forms can be completed by the employer or contact AADT if you need assistance. If you would like AADT to provide the information on the report, be advised if you conduct any testing outside of AADT and do not forward that information to AADT the report we produce would only pertain to the information we have been provided and therefore inaccurate.
  11. All semi and annual testing statistical reports for a minimum of the past two years and up to five years. These reports are to be provided directly by the testing laboratory. You will have received a copy automatically from the lab provided you had more than 5 test results from that lab within the required testing period. Otherwise these reports are available upon request but may take up to two business days to obtain.
  12. The Consortium Data report of the testing percentages for the random testing pools.