Company President, Two Rhode Island Trucking Companies Sentenced in Federal Court for Conspiring to Violate the Clean Air Act

PROVIDENCE –  The owner and President of a North Kingstown-based trucking company and his two corporations were sentenced in federal court in Providence, RI, today for conspiring together with trucking and diesel vehicle sales and service companies throughout the United States and with a foreign national to violate the Clean Air Act by selling and providing a software program that tampered with on-board vehicle computers in order to alter or bypass key features in emission control systems.

United States Attorney Zachary A. Cunha announced today that, having previously pled guilty to a charge of conspiracy to violate the Clean Air Act, United States District Court Judge Mary S. McElroy today ordered Michael J. Collins to serve a term of three years of probation; to perform 100 hours of community service; pay a fine $50,000; and to create a compliance and ethics program and to notify his employees and stockholders of said program.

Additionally, District Court Judge McElroy placed each of Collins’ corporations on probation for three years and ordered each corporation provide a payment of $125,000 to the Rhode Island Environmental Recovery Fund.

Under the federal Clean Air Act, the Environmental Protection Agency (EPA) has established standards that limit the emission of air pollutants from various types of vehicle engines.  To meet those standards, vehicle manufacturers design and install certain hardware components as part of the systems that manage and treat engine exhaust to reduce multiple types of pollution.

For nearly five years, beginning in September 2014, Michael J. Collins, his North Kingstown company M&D Transportation, Inc.; his now-defunct computer company Diesel Tune-Ups of RI, Inc.; various trucking and diesel vehicle sales and repair companies throughout the United States; and a foreign national all conspired to alter or disable certain functions of the Electronic Control Modules (ECM) and On Board Diagnostic (OBD) monitoring systems of heavy-duty diesel vehicles such as semi-trucks or “big rigs.”  These alterations are referred to in the industry as “tunes.” 

At the time of Collins’ guilty plea in April, United States Attorney Cunha commented, “Our environmental laws are here to protect the clean air that every Rhode Islander deserves to breathe. When companies choose to ignore those laws and put profit over their legal duties, and spew diesel soot and contaminants across Rhode Island and New England in the process, this Office will hold them to account.”

Tyler Amon, Special Agent in Charge for EPA’s Criminal Investigation Division for New England added, “Tampering with diesel vehicles by installing defeat devices increases emissions of smog and soot, both of which contribute to serious health problems that often disproportionately affect families, especially children, living in underserved communities. Placing profit over public health in Rhode Island has clear accountability.”

Collins previously admitted to the court that for nearly five years, beginning in September 2014, he and his North Kingstown company M&D Transportation, Inc.; his now-defunct computer company Diesel Tune-Ups of RI, Inc.; various trucking and diesel vehicle sales and repair companies throughout the United States; and a foreign national all conspired to alter or disable certain functions of the Electronic Control Modules (ECM) and On Board Diagnostic (OBD) monitoring systems of heavy-duty diesel vehicles such as semi-trucks or “big rigs.”  These alterations are referred to in the industry as “tunes.” 

Collins admitted that in exchange for a fee, the foreign national would download tuning software through a laptop computer provided by Collins and his companies, that was then connected to each vehicle.  Through a remote connection, the “tunes” were downloaded onto each vehicle’s Electronic Control Module or computer to reprogram the vehicle’s monitoring systems. The vehicle’s monitoring systems were manipulated so that they would not detect malfunctions in the emission control components, thereby allowing vehicles to operate without proper emission controls. As a result, “tuned” vehicles could run with increased horsepower and torque, which can reduce maintenance and repair costs, but which results in significant increases in pollutant emissions.

The tuning business was marketed on Facebook. Interested companies were directed to contact a Rhode Island telephone number associated with Collins, M & D, and Diesel Tune-Ups. Customers paid Collins’ companies between $1,700 and $3,650 for each vehicle “tuned.” Collins and his companies wired a portion of the funds to their foreign co-conspirator and retained a portion of the funds for themselves.

The case was prosecuted by Assistant United States Attorney John P. McAdams.

The matter was investigated by the Environmental Protection Agency Criminal Investigation Division - Boston Area Office.

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