Category Archives: litigation

Hino Motors Fined $1.6B for Emissions Fraud

Posted on 21 March 2025 by Ken Zino

The U.S. Environmental Protection Agency (EPA) and the Department of Justice (DOJ) have announced that U.S. District Court Judge Mark A. Goldsmith for the Eastern District of Michigan has accepted Hino Motors, Ltd.’s guilty plea to a one-count criminal information charging it with having engaged in a multi-year criminal conspiracy to defraud both the United States government and American consumers and illicitly smuggle goods into the country. Continue reading →

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HF Sinclair Plea Deal – Climate- and Health-Harming Emissions

Posted on 17 January 2025 by Ken Zino

The Justice Department, the Environmental Protection Agency (EPA) and the New Mexico Environment Department (NMED) announced today a proposed settlement with HF Sinclair Navajo Refining LLC, an HF Sinclair Corp. subsidiary, resolving alleged Clean Air Act and New Mexico Air Quality Control Act violations at the company’s oil refinery in Artesia, New Mexico. The refinery is adjacent to a community overburdened by pollution. This settlement is part of the Justice Department and EPA’s ongoing commitment to address unlawful pollution in historically marginalized and dis-proportionally impacted communities.

“This settlement reinforces the United States’ commitment to protect communities from illegal refinery benzene and VOC emissions,” said Acting Assistant Attorney General Katherine E. Konschnik of the Justice Department’s Environment and Natural Resources Division (ENRD). “Under the settlement, the refinery will make significant capital investments in pollution controls and implement additional programs to improve air quality and reduce health impacts on the residents of Artesia, including the students at Roselawn Elementary School.” Continue reading →

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Toyota’s Hino Motors Emissions Fraud – $1.6B Plea Deal

Posted on 16 January 2025 by Ken Zino

The U.S. Justice Department, Environmental Protection Agency (EPA), FBI, Customs and Border Protection (CBP), Department of Transportation’s Office of Inspector General (DOT-OIG), National Highway Traffic Safety Administration (NHTSA), and State of California reached criminal and multiple civil resolutions, valued at more than $1.6 billion, with Hino Motors Ltd., Hino Motors Manufacturing U.S.A., Inc. and Hino Motors Sales U.S.A., Inc. (collectively, Hino) for violations related to the submission of false and fraudulent engine emission testing and fuel consumption data to regulators and the illicit smuggling of engines into the United States. These resolutions are subject to approval by the U.S. District Court for the Eastern District of Michigan.

“Hino knew the requirements that engines must meet to be certified to operate in the United States, yet it falsified data for years to skirt regulations,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD) yesterday. “Hino’s actions led to vast amounts of excess air pollution and were an egregious violation of our nation’s environmental, consumer protection and import laws.” Continue reading →

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Grass Isn’t Always Greener – SEC Fraud Charges Joecool

Posted on 14 January 2025 by Ken Zino

The Securities and Exchange Commission today announced litigated charges against Joecool.com, LLC and its CEO, Joseph Ariel Haber, for alleged misappropriation and misuse of investor funds, as well as false and misleading statements to investors. There are also charges against recidivist securities law violator Robert Tye Cournoyer for his alleged false and misleading statements to investors and for acting as an unregistered broker.

The SEC’s complaint, filed in federal district court in Nevada, Case No. 25-cv-00076, alleges that between at least November 2019 and February 2024, Joecool raised approximately $2 million from investors through an unregistered securities offering by representing that investor funds would be used to produce, package, promote, and sell various CBD-infused coffee products. The SEC requested “a trial by jury on all claims so triable.” Continue reading →

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Seventh Big Rigging Guilty Plea in Michigan Asphalt Industry

Posted on 10 January 2025 by Ken Zino

The former president of a Michigan asphalt paving company pleaded guilty last Wednesday for his role in a conspiracy to rig bids for asphalt paving services contracts in Michigan, the U.S. Justice Department said today. Documents filed in the U.S. District Court for the Eastern District of Michigan, show that Timothy Baugher, former president of Pontiac-based Asphalt Specialists LLC (ASI), conspired with F. Allied Construction Company Inc. (Allied), and employees from those companies to rig bids in each other’s favor. Baugher participated in the conspiracy from July 2017 through May 2021.

Wednesday’s guilty plea is the 10th in the Antitrust Division’s ongoing investigation into collusion in the Michigan asphalt paving industry. Baugher’s former employer, ASI, and another former ASI executive also pleaded guilty for their participation in the conspiracy with Allied in January 2024. Allied and two of its executives previously pleaded guilty in August 2023 for their participation in the conspiracy. On Aug. 15, 2024, ASI was sentenced to pay a fine of $6,500,000.
Continue reading →

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EPA Fines Iowa 80 and Joplin 44 Truck Stops

Posted on 6 January 2025 by Ken Zino

Two truck stops in Iowa and Missouri – Iowa 80, advertised as “the world’s largest truck stop,” and Joplin 44 – agreed to pay a combined $390,784 to resolve alleged violations of the federal Clean Water Act, the U.S. Environmental Protection Agency said today. According to EPA, the truck stops failed to comply with regulations intended to protect water bodies from petroleum discharges.

“This settlement represents the federal government’s commitment to protecting our nation’s waterways and creating a level playing field for businesses who are complying with the law,” said EPA Region 7 Enforcement and Compliance Assurance Division Director David Cozad. Continue reading →

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Ram ProMaster Diesel Engines – CARB Fines FCA $4.2M

Posted on 24 December 2024 by Ken Zino

The California Air Resources Board (CARB) said this week it has reached a settlement agreement with FCA US LLC (FCA) of Auburn Hills, Mich., for $4,185,820 for violations of CARB’s air quality regulations. The FCA vehicles concerned include model year (MY) 2014 through 2016 Ram ProMaster 1500, 2500 and 3500 vehicles equipped with 3-liter inline-4 diesel engines.*

“CARB’s robust compliance testing ensures that auto manufacturers sell the exact vehicles that received certification for sale within California, without alterations made to skirt the state’s regulations and release excess emissions that harm air quality and public health,” said CARB Executive Officer Dr. Steven Cliff. Continue reading →

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Clean Air Act – Power Performance Enterprises Fined

Posted on 18 December 2024 by Ken Zino

Louisiana-based company Power Performance Enterprises Inc. (PPEI) and its president and owner, Kory B. Willis, were sentenced yesterday in federal court in Sacramento, California, for violating and conspiring to violate the Clean Air Act by tampering with the monitoring devices … Continue reading →

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Florida Man Pleads Guilty to Odometer Tampering

Posted on 13 December 2024 by Ken Zino

Drew Mitchell Schreiber, of Orlando, Florida, pleaded guilty yesterday in the U.S. District Court for the Middle District of Florida to three counts of odometer tampering, The U.S. Justice Department said today. In all, Schreiber sold 140 rolled-back vehicles. Because many of these vehicles were more than 10 years old, Schreiber obtained so-called “exempt” titles that did not reveal the actual mileage of the vehicles.

“Just because a motor vehicle may be exempt from mileage recording on a title does not give a dealer the right to roll back odometers,” said Principal Deputy Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “With vehicles remaining in use for longer periods of time, many Americans rely on older vehicles as their primary mode of transportation. Used car buyers deserve peace of mind knowing that the odometer reading in their vehicle is correct.” Continue reading →

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DOJ – Cruise Deferred Prosecution for Pedestrian Crash

Posted on 19 November 2024 by Ken Zino

GM’s Cruise autonomous vehicle company* based in San Francisco, fixed a criminal charge in federal court for providing a false record to National Highway Traffic Safety Administration (NHTSA) with the intent to impede, obstruct, or influence the investigation of a crash involving one of Cruise’s autonomous vehicles. Cruise has agreed to resolve the charge through a deferred prosecution agreement and payment of a $500,000 criminal fine.

“Federal laws and regulations are in place to protect public safety on our roads. Companies with self-driving cars that seek to share our roads and crosswalks must be fully truthful in their reports to their regulators,” said Martha Boersch, Chief of the Office of the U.S. Attorney’s Criminal Division. Continue reading →

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NLRB Rules Against Anti-Union Captive-Audience Meetings

Posted on 13 November 2024 by Ken Zino

The National Labor Relations Board today issued a decision in Amazon.com Services LLC, ruling that an employer violates the National Labor Relations Act by requiring employees under threat of discipline or discharge to attend meetings in which the employer expresses its views on unionization. Members Prouty and Wilcox joined Chairman McFerran in issuing the decision. Member Kaplan – a Trump appointee – dissented. Continue reading →

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American Airlines and JetBlue Alliance Blocked

Posted on 9 November 2024 by Ken Zino

The U.S. Court of Appeals for the First Circuit last Friday affirmed the U.S. District Court for the District of Massachusetts’ ruling in favor of the Justice Department and the Attorneys General of six states and the District of Columbia in their civil antitrust lawsuit to stop the Northeast Alliance between American Airlines and JetBlue. Continue reading →

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Shawn Fain to Speak to Stellantis UAW Membership Tonight

Posted on 17 September 2024 by Ken Zino

Yesterday, the UAW filed federal unfair labor practice charges at the National Labor Relations Board over what it says is Stellantis’ illegal refusal to provide information about the company’s plans regarding product commitments it made in the UAW’s 2023 collective bargaining agreement. Several UAW locals covering thousands of members have also filed contract grievances over the company’s attempt to move Dodge Durango production out of the United States, in violation of the UAW’s national agreement.

“In our 2023 contract, we won major gains, including a commitment to reopen an idled assembly plant in Belvidere, Illinois, and to build the Dodge Durango in Detroit. We also won the right to strike over those commitments, if we have to,” said UAW President Shawn Fain. “Now, Stellantis wants to go back on the deal. As a united UAW, we intend to enforce our contract, and to make Stellantis keep the promise.” Fain will address the UAW membership on Facebook Live tonight. Continue reading →

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North Carolina Parts Seller Fined for Emission Defeat Devices

Posted on 10 September 2024 by Ken Zino

North Carolina automotive parts manufacturer and seller, Rudy’s Performance Parts Inc. (Rudy’s), and its owner, Aaron Rudolf, have agreed to pay a total of $10 million in criminal fines and civil penalties for manufacturing, selling and installing devices, commonly known as “defeat devices,” used to remove or disable required emissions controls in motor vehicles, the U.S. Department of justice said today.

“Defeat devices, such as those sold by Rudy’s, can lead to pollution at high levels that pose health risks and harm the environment,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This plea agreement and civil settlement show that we will take strong action to enforce the Clean Air Act and emissions controls requirements for motor vehicles.” Continue reading →

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Global Warming – EPA Issues HFC Enforcement Alert

Posted on 6 September 2024 by Ken Zino

“After another summer of record-breaking heat, the urgency of the climate crisis continues to accelerate. The Biden-Harris administration is committed to meeting our goals to phase-down HFCs, which contribute dramatically to near-term climate change, so that our children and grandchildren can have a sustainable future,” said Assistant Administrator David M. Uhlmann, of EPA’s Office of Enforcement and Compliance Assurance.

“EPA and its law enforcement partners will police our borders and ports to halt HFC smuggling to protect our nation from the harmful effects of climate super pollutants,” said Ulmann.” Continue reading →

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