Charges have been filed against owners and mechanics at three Michigan truck shops where emission control systems of semitrucks were allegedly disabled.
Three companies and 11 individuals have been charged with violating the Clean Air Act, according to a statement from U.S. Attorney’s Office for the Western District of Michigan.
The individual defendants:
- Ryan Lalone, 47, of Gaylord, Mich., a company owner.
- Wade Lalone, 44, of Gaylord.
- Dustin Rhine, 32, of Indian River, Mich.
- James Sisson, 42, of Mount Pleasant, Mich.
- Douglas Larsen, 51, of Wayland, Mich., a company owner.
- Craig Scholten, 58, of Byron Center, Mich., a company owner.
- Ryan Bos, 45, of Grandville, Mich.
- Robert Swainston, 50, of Hopkins, Mich.
- Randy Clelland, 33, of Grand Rapids, Mich.
- Scott DeKock, 45, of Hudsonville, Mich., a former company owner.
- Glenn Hoezee, 55, of Howard City, Mich.
Ryan Lalone owns Diesel Freak LLC, according to public records filed in the case, and Wade Lalone, Rhine, and Sisson were employed there.
Accurate Truck Service LLC is owned by Larsen. Scholten, and Bos, and Swainston and Clelland were employed there.
Griffin Transportation Inc. is owned by Scholten and Bos.
DeKock used to own a shipping company where Hoezee was employed.
Nitty-gritty of the emission charges
Accurate Truck Service LLC allegedly removed or altered the hardware components of vehicles with heavy-duty diesel engines, which components controlled the vehicles’ emissions, according to the U.S. Attorney’s Office. Diesel Freak LLC allegedly reprogrammed the engine computers of the vehicles so that they would continue to function even after the hardware was removed or altered.
This process is sometimes referred to as a “deletion,” that is, “deleting” the emissions controls from the vehicles. “Deleting” emissions controls from the vehicles can improve performance and fuel economy and save maintenance costs, U.S. Attorney’s Office explained. Tampering with or removing emissions controls can drastically increase the emissions of nitrogen oxides, particulate matter, carbon monoxide, and non-methane hydrocarbons found in vehicle exhaust. Exposure to and inhalation of these chemicals at greater levels is associated with serious health risks.
Griffin Transportation, Inc., and the company DeKock formerly owned engaged Accurate Truck Service LLC and Diesel Freak LLC to “delete” trucks owned, operated, or leased by the companies. During the conspiracy, Diesel Freak LLC allegedly was involved in at least 362 deletions, Accurate Truck Service allegedly was involved in at least 83 deletions, Griffin Transportation in at least 12 deletions, and DeKock’s former company in at least four deletions.
Agreed-to fines
Accurate Truck Service and Griffin Transportation, have agreed to pay a combined $1 million fine, the U.S. Attorney’s Office reported. Diesel Freak LLC has agreed to pay a $750,000 fine subject to defense arguments regarding inability to pay. Any fine is a part of the criminal sentence and ultimately within the discretion of the sentencing judge, the U.S. Attorney’s Office advised.
Accusations, not evidence of guilt
Charges in an indictment are only accusations and are not evidence of guilt, the U.S. Attorney’s Office wrote. The defendants are presumed innocent unless and until proven guilty in a court of law. The government has the burden of proving guilt beyond a reasonable doubt.
A conviction for conspiracy is subject to a prison term of up to five years and a fine of up to $250,000 for an individual, $500,000 for an organization, or twice the gain from the offense, among other penalties. A conviction for violating the Clean Air Act carries a prison term of up to two years and the same fines, among other penalties.
The Clean Air Act became law in 1970. Its purpose was to protect the nation’s air resources to promote public health and welfare.
Here are the emission-tampering plea agreements for Accurate Truck Service and Griffin Transportation, Craig Scholten, Diesel Freak LLC, Douglas Larsen, Glenn Hoezee, Randy Clelland, Robert Swainstonm Ryan Bos, Ryan Lalone, Scott Dekock, and Wade Lalone. LL
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