Category Archives: litigation

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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X Marks Labor Sore Spot – IndustriALL Against Musk, Trump

Posted on 15 August 2024 by Ken Zino

“Elon Musk’s business model is one that is designed to avoid respecting human rights. We must defend workers and the rights that they have fought so long for. We stand with the UAW in their fight.” This conflict is not just about Tesla and its workers – it is a symbol of the broader battle for labor rights and the critical importance of the freedom to organize and strike. Without these rights, workers around the world remain vulnerable to exploitation and injustice. The right to strike is not just a tool—it is a crucial defense that ensures workers can stand up for themselves and each other, said IndustriALL  general secretary, Atle Høie yesterday, citing UAW federal labor charges filed against ex US President Donald Trump and Tesla CEO Elon Musk. Continue reading →

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CARB Settles Nuisance Odor Case at AB&I Foundry

Posted on 14 August 2024 by Ken Zino

The California Air Resources Board (CARB) and the Bay Area Air Quality Management District (BAAQMD) said today that they finalized a settlement with McWane, Inc., doing business as AB&I Foundry, of East Oakland, Calif., to resolve nuisance odors and permit … Continue reading →

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IIHS On Intelligent Speed Assistance

Posted on 13 August 2024 by Ken Zino

“ISA systems have been around for several decades. Using GPS devices with speed limit maps, onboard sensors or cameras that “read” signs or both, they can identify the speed limit in the vehicle’s location and detect when the driver exceeds it, but they vary in their response. Unlike the unit I used, which worked by restricting the engine’s output, some systems only provide an audible or visual warning or make the accelerator harder to press. As of July 1, new vehicles sold in Europe are required to have ISA that at least provides a warning, and the California legislature is currently considering a similar mandate for vehicles sold in the state.

“Even without a legal requirement, ISA systems of various types are starting to appear as options on new vehicles in the U.S., and companies such as MAGTEC and Sturdy sell aftermarket ISA systems, primarily targeting fleet operators. Navigation apps also include speed warnings if the user chooses. Continue reading →

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