Michigan Resident and Heavy-Duty Diesel Parts Supplier Sentenced for Conspiracy to Violate Clean Air Act

ALBANY, NEW YORK – Kyle Offringa, age 34, of Caledonia, Michigan, and Highway and Heavy Parts, LLC (“HHP”), a heavy-duty diesel parts supplier headquartered in Coleman, Michigan,  have been sentenced and fined a total of $125,000 for their pleas last year to an indictment charging them with conspiracy to violate the Clean Air Act (“CAA”).  United States Attorney John A. Sarcone III and Daniel Meyers, Acting Assistant Special Agent in Charge of the United States Environmental Protection Agency (“EPA”)’s Criminal Investigations Division (“CID”), Northeast Area Branch, made the announcement.  

Pursuant to the CAA, the EPA enacted regulations that required heavy-duty diesel engine manufacturers to limit emissions on those engines.  To comply with these regulations, manufacturers install hardware components, including filters, exhaust recirculation systems, and exhaust aftertreatment systems.  Heavy-duty diesel trucks are also required under the CAA to maintain an onboard-diagnostic system (“OBD”), which monitors the functionality of the hardware emissions control components.  If the OBD detects that an emissions control component is not working, or has been removed, it will ultimately put the truck into what is known as “limp mode,” which limits the top speed to as low as 5 miles per hour.  This is designed to incentivize truck operators to repair any faulty components.

Offringa and HHP previously pled guilty to the indictment and admitted that between at least June 2017 and March 2019, they conspired together and with HHP’s customers, including coconspirators DAIM Logistics, Inc. and Patrick Oare of Fultonville, New York, to tamper with (“tune”) the emission control monitoring devices and systems of numerous diesel vehicles.  As part of the conspiracy, HHP referred its customers who had removed emissions hardware on their heavy-duty diesel trucks to Offringa, who then reprogrammed the OBDs to bypass the CAA monitoring functions so the trucks would remain operational in exchange for a fee of $1,000 to $1,500 per OBD.  HHP charged its customers approximately $250 for each tune performed by Offringa on top of what Offringa charged. 

Today, Offringa was sentenced to a fine of $100,000, payable immediately.  Offringa also agreed to allow the EPA to monitor his businesses for ongoing compliance for two years.  Earlier this year, HHP was sentenced to a fine of $25,000, which it paid at the time of sentencing. 

EPA CID investigated the case, with the assistance of the Federal Bureau of Investigation and the New York State Department of Environmental Conservation Police.  Assistant United States Attorney Benjamin S. Clark prosecuted the case.