Gas-transport company and owners indicted for submitting false gas tanker test results to the state

April 28, 2025 (DENVER) – The statewide grand jury indicted a Nebraska-based gasoline transport company and its owners for submitting falsified records concerning the vapor-tightness of tankers used to move gasoline throughout Colorado.

“Chemicals from gas released into the air can be harmful to human health and the environment. That is why the state requires annual testing of tankers to ensure that these harmful compounds are not released when transporting gasoline on Colorado roads. We are committed to enforcing state laws and regulations that protect the public health and environment,” said Attorney General Weiser.

Colorado emission regulations require gasoline-transport companies to submit their gasoline tankers for annual testing to ensure that gases that are harmful to human health and the environment are not released when transporting gasoline. The companies also are required to annually certify to the Colorado Department of Public Health and Environment that their tankers have been tested by a third-party testing company. After reviewing the certification and test results, CDPHE issues a certification for each tanker that complies with testing requirements. Without certification from CDPHE, gasoline tankers cannot transport gasoline in Colorado.

According to the indictment returned last Thursday, on at least 23 instances between January 2023 and August 2024, David Warffeli, doing business as Three M Trucking and on behalf of his gasoline-transport company, Whip-Co Trucking, LLC, submitted falsified records to CDPHE for vapor-tightness testing that was never performed. The tests were falsified in different ways. In some instances, legitimate tests that had been submitted to CDPHE in prior years were altered to reflect a more recent test date and then resubmitted to CDPHE. In other instances, falsified test results were submitted under the forged signature of an employee of a third-party testing company.

The indictment charges Mr. Warffeli and Whip-Co Trucking, LLC with attempt to influence a public servant, forgery of a public record, and perjury in the second degree. The indictment also charges Mr. Warffeli, Adelina Warffeli, and Arslan Shakshakpaev with conspiracy to commit attempt to influence a public servant and conspiracy to commit forgery of a public record. Finally, the indictment charges Mr. Warffeli, Ms. Warffeli, Mr. Shakshakpaev, and Whip-Co Trucking, LLC with violating Colorado’s Air Quality Control Act.

The Special Prosecutions Unit of the Colorado Attorney General’s Office conducted the investigation and is prosecuting the case in Denver District Court.

Read the indictment issued by the statewide grand jury (PDF).

A grand jury indictment is a formal accusation that an individual committed a crime under Colorado laws. All defendants are presumed innocent until proven guilty.

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Media Contact:
Lawrence Pacheco
Chief Communications Officer
(720) 508-6553 office | (720) 245-4689 cell
lawrence.pacheco@coag.gov