United States v. GDP Tuning, et al.

              On August 23, 2023, Barry Pierce and his two companies, GDP Tuning and Custom Auto of Rexburg d/b/a Gorilla Performance, pleaded guilty to violating the Clean Air Act and agreed to pay a total of $1 million in criminal fines (18 U.S.C. § 371; 42 U.S.C. § 7413). The companies also agreed to implement compliance programs and to not manufacture, sell or install any device that defeats a vehicle’s emissions controls.  Sentencing is scheduled for November 8, 2023.

            Between 2016 and 2020, the defendants tampered with a required monitoring device for removing required emissions control devices from (or “deleting”) over 200 diesel trucks at the shop location in Rexburg, Idaho, and reprogramming (or “tuning”) the onboard diagnostic systems of those trucks so they would function without the emissions equipment. GDP engaged in the nation-wide sale of millions of dollars’ worth of tuning devices and tunes for diesel engines.

             The U.S. Environmental Protection Agency Criminal Investigation Division conducted the investigation.