Hino Motors Ltd.

Update – January 16, 2025

Criminal Charges

On January 15, 2025, the Department of Justice filed an information charging Hino Motors, Ltd. (HML) in a single conspiracy count with five objects: to defraud the Environmental Protection Agency (“EPA”), to defraud the National Highway Transportation Safety Administration (“NHTSA”), to violate the Clean Air Act, to commit wire fraud, and to smuggle goods into the United States, all in violation of 18 U.S.C. § 371.  The Information alleges HML’s history of fraud, including the alteration and falsification of emissions test data, the failure to perform durability tests, the falsification of information relevant to on-board diagnostic monitors, and the failure to disclose auxiliary emissions control devices.

The charges in the criminal information filed against Hino Motors, Ltd. are merely accusations. All defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Hino Motors Ltd Criminal Information

Press Release

Global Resolution 

As part of global resolutions, Hino Motors, Ltd. has agreed to plead guilty to engaging in a multi-year criminal conspiracy. The plea agreement, which is subject to approval by the court, requires it to pay a criminal fine of $521.76 million, serve a five-year term of probation — during which it will be prohibited from importing any diesel engines it has manufactured into the United States — and implement a comprehensive compliance and ethics program and reporting structure. Hino Motors, Ltd. has also agreed to entry of a forfeiture money judgment against it in the amount of $1.087 billion.  Pursuant to the plea agreement, Hino’s future payments towards its civil settlement obligations, as well future payments as part of a civil class action settlement brought by private plaintiffs, will be credited towards its criminal forfeiture money judgment obligation.

Future court dates have not yet been set.

Plea Agreement

Original Posting – December 13, 2024

Federal Investigation

The United States is investigating allegations whether Hino Motors Ltd. and/or its subsidiaries (collectively referred to as “Hino”) engaged in a conspiracy to defraud United States regulators, customs officials, and customers in connection with the sale and import of heavy-duty diesel engines that did not comply with U.S. emissions and fuel economy regulations, all in violation of Title 18, U.S.C. § 371. Publicly available details of some of the issues under investigation are set forth in the class action lawsuit filed in Express Freight International et al. v. Hino Motors Ltd. et al, No. 1:22-cv-22483-DPG. A copy of the complaint is attached hereto: Complaint. Please note that the filing of the civil complaint is not an admission of guilt.

Crime Victims’ Rights

Under the Victims’ Rights and Restitution Act (34 U.S.C. § 20141), a victim is “a person that has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime.” 34 U.S.C. § 20141(e)(2). Under the Crime Victims’ Rights Act (CVRA, 18 U.S.C. § 3771), a “crime victim” is defined as “a person directly and proximately harmed as a result of the commission of a federal offense or an offense in the District of Columbia.” 18 U.S.C. § 3771(e)(2)(A). The CVRA affords victims the following rights:

• To be reasonably protected from the accused;
• To reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused;
• To not be excluded from any public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at the proceeding;
• To be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding;
• To confer with the attorney for the Government in the case;
• To full and timely restitution as provided in law;
• To proceedings free from unreasonable delay;
• To be treated with fairness and respect for the victim’s dignity and privacy;
• To be informed in a timely manner of any plea bargain or deferred prosecution agreement; and
• To be informed of these rights under this section and the services described in section 503(c) of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C. § 10607), now 34 U.S.C. § 20141) and provided contact information for the Office of the Victims’ Rights Ombudsman at the U.S. Department of Justice.

However, the CVRA prohibits any limitation on the executive branch’s prosecutorial discretion, stating: “Nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction.” 18 U.S.C. § 3771(d)(6).

Further, under the Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141, victims of federal crimes are entitled:

• To receive reasonable protection from a suspected offender and persons acting in concert with or at the behest of the suspected offender;
• To be informed of the status of the investigation of the crime to the extent it is appropriate and will not interfere with the investigation;
• To be informed of the status of the suspected offender, including arrest, detention, release, acceptance of plea, verdict and sentence;
• To be informed of the place where they may receive emergency medical and social services;
• To be informed of any restitution or other relief they may be entitled to under law;
• To be informed of public and private programs available for counseling, treatment and other victim support;
• To receive assistance in contacting victim service providers; and
• To have personal property being held for evidentiary purposes maintained in good condition and returned as soon as it is no longer needed.

34 U.S.C. § 20141( c).

Contacting the Department of Justice

If you believe you are a victim related to this investigation, you may submit information and/or supplementary materials by completing a Victim Impact Statement. Please complete any submissions by January 3, 2025. This website will also be used for future case updates.

You may also contact the Department via email at crimevictimprogram.enrd@usdoj.gov.  

NOTE: Our office cannot act as your attorney or provide you with legal advice. You can seek the advice of an attorney with respect to the possibility that you might be a victim, the rights and services described above, or other related legal matters.

The contact information for Victims’ Rights Ombudsman Ella M. Fitzgerald is:

Address:  RFK Main Justice Building 950 Pennsylvania Ave., N.W., Room 2261, Washington, DC 20530-0001; Toll-Free: (877) 574-9302; Phone: (202) 252-1010; Fax: (202) 252-1011 Email: usaeo.VictimOmbudsman@usdoj.gov; Website: https://www.justice.gov/usao/office-victims-rights-ombuds”