Three companies and 11 people have been charged with violating the Clean Air Act in Western Michigan after emission control systems were disabled in semi-trucks.
According to a news release from U.S. Attorney for the Western District of Michigan Mark Totten, this case is one of the largest of its kind to be charged in the United States.
The companies charged for violating the Clean Air Act are Diesel Freak LLC, located in Gaylord, and Accurate Truck Service, LLC, and Griffin Transportation, Inc., both based in Grand Rapids. The 11 individuals charged in the case are listed below.
| Name | Age | City |
|---|---|---|
| Ryan Lalone | 47 | Gaylord |
| Wade Lalone | 44 | Gaylord |
| Dustin Rhine | 32 | Indian River |
| James Sisson | 42 | Mt. Pleasant |
| Douglas Larsen | 51 | Wayland |
| Craig Scholten | 58 | Byron Center |
| Ryan Bos | 45 | Grandville |
| Robert Swainston | 50 | Hopkins |
| Randy Clelland | 33 | Grand Rapids |
| Scott DeKock | 45 | Hudsonville |
| Glenn Hoezee | 55 | Howard City |
Those charged in this case are accused of tampering with or removing emissions controls on diesel trucks, also known as “deleting.” This process is said to improve performance and fuel economy while reducing maintenance costs, but it significantly increases the emissions of harmful substances such as nitrogen oxides, particulate matter, carbon monoxide, and non-methane hydrocarbons. Serious health risks are associated with exposure to higher levels of these chemicals.
Diesel Freak LLC
Diesel Freak LLC, owned by Ryan Lalone, employed Wade Lalone, Dustin Rhine, and James Sisson.
According to the U.S. Attorney’s Office, Diesel Freak LLC would reprogram the engine computers of the vehicles to ensure their continued operation after the hardware was removed or altered.
Accurate Truck Service, LLC
Accurate Truck Service, LLC is owned by Douglas Larsen, Craig Scholten, and Ryan Bos. The company employed Robert Swainston and Randy Clelland.
This company would remove or alter the hardware components that controlled the vehicles’ emissions.
Griffin Transportation, Inc.
Griffin Transportation Inc. is owned by Craig Scholten and Ryan Bos.
Shipping company
Scott DeKock used to own a shipping company, where Glenn Hoezee was employed. Although the shipping company is not among the charged companies, it was involved in the deletion scheme.
Deletion scheme
The U.S. Attorney’s Office says Accurate Truck Service, LLC and Diesel Freak LLC were enlisted by Griffin Transportation, Inc. and Scott DeKock’s shipping company to perform truck deletions.
It is estimated that Diesel Freak LLC was involved in at least 362 deletions. Accurate Truck Service, LLC was involved in at least 83 deletions, while Griffin Transportation, Inc. was involved in at least 12 deletions. DeKock’s shipping company was involved in at least four deletions.
“By illegally tampering with emissions controls on diesel trucks operating throughout the United States and Canada, defendants caused the excessive release of diesel exhaust containing toxic gases and impurities harmful to public health and the environment,” acting Special Agent in Charge Richard Conrad of the U.S. Environmental Protection Agency’s Criminal Investigation Division said in a statement. “This case highlights EPA and our law enforcement partners’ continued efforts to prosecute those who violate environmental and public health laws in the U.S. for financial gain.”
According to the U.S. Attorney’s Office, the three involved companies, Ryan Lalone, Wade Lalone, Douglas Larsen, Craig Scholten, Ryan Bos, Robert Swainston, Randy Clelland, Scott DeKock, and Glenn Hoezee have all signed plea agreements and intend on pleading guilty to a felony information.
Dustin Rhine and James Sisson were indicted by a federal grand jury.
Accurate Truck Service, LLC and Griffin Transportation, Inc. have agreed to pay a combined $1 million fine, while Diesel Freak LLC has agreed to pay a $750,000 fine, subject to defense arguments regarding their ability to pay.
The news release emphasizes that charges are accusations, and the defendants are presumed innocent until proven guilty.
Here is what the release said about convictions for these kinds of charges:
“A conviction for conspiracy is subject to a prison term of up to five years and a fine of up to $250,000 for an individual, $500,000 for an organization, or twice the gain from the offense, among other penalties. A conviction for violating the Clean Air Act carries a prison term of up to two years and the same fines, among other penalties.”
“Today’s criminal charges send a loud message of accountability to polluters who flout our environmental laws,” U.S. Attorney Totten said in a statement. “These rules not only protect the planet; they also protect people – especially the most vulnerable. They safeguard the water we drink, the lakes we fish, and the air we breathe. To the owners and drivers of the vehicles that participated in this scheme and are now spewing harmful pollutants: get them fixed now.”
Arraignments and change of plea hearings will be scheduled by the U.S. District Court.