Miami Companies and Owners Convicted of Conspiring to Tamper with Diesel Truck Monitoring Devices Required by the Clean Air Act

Source: United States Department of Justice News

MIAMI – Defendants Vivian Machado, 62, Eric Flaquer, 39, as well as Miami-based companies Quick Tricks Automotive Performance, Inc., and Kloud9Nine, LLC have pled guilty in federal district court to conspiring to tamper with monitoring devices on diesel vehicles, in violation of the Clean Air Act (CAA).

The purpose of the CAA, among other things, is “to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population.”  Motor vehicles, including those with heavy duty diesel engines, cause or contribute to air pollution which may endanger public health or welfare and are thus regulated including the requirement that manufacturers design and install emissions control systems to treat exhaust.  Those systems are monitored by an on-board diagnostic system (OBD).  The OBD is software and sensors that monitor emissions-related engine systems and components.  It is a felony to tamper with CAA-required monitoring devices.

According to court records and a Joint Factual Statement filed in Court, between January 2018 and December 2020, defendants Machado, Flaquer, and Quick Tricks were paid approximately $230,830.61 for 1,100 transactions for the sale of “delete tune files” that tamper with or disable the OBDs on heavy-duty diesel motor vehicles that were required under the CAA to have OBD systems to monitor the emissions control systems.  Similarly, between October 2019 and March 2021, Machado, Flaquer, and Kloud9Nine were paid $141,162.70 for an additional 657 transactions.  The defendants would customize the delete tune files based on the vehicle identification number and desired parameters and would conduct active customer service for the automotive businesses.  Knowing the conduct was illegal, the defendants would often warn customers by e-mail not to tell anyone about the purchases and to take steps to avoid detection by the U.S. Environmental Protection Agency (EPA), and “stay under the radar.”

The vehicles at issue in this case were driven in the Southern District of Florida and throughout the United States on public roads and highways.  Diesel exhaust contains a mix of acidic and hydrocarbon gases that are harmful to human health.  Excess emissions from illegally tampered vehicles can have important environmental justice implications for overburdened communities near major roads and highways.

U.S. District Judge Kathleen M. Williams has set a sentencing hearing for all four defendants for April 7, at 3:00 p.m., in federal district court in Miami. Machado and Flaquer face up to five years in prison and a criminal fine of up to $250,000 or twice the gross gain or loss resulting from the offense.  The companies face a term of probation up to five years and a criminal fine of up to $500,000 or twice the gross gain or loss resulting from the offense.

Markenzy Lapointe, United States Attorney for the Southern District of Florida and Charles Carfagno, Special Agent in Charge, U.S. Environmental Protection Agency (EPA), Criminal Investigation Division, Southeast Area Branch, announced the conviction. 

EPA, Criminal Investigation Division investigated the case.  Special Assistant U.S. Attorney Jodi A. Mazer is prosecuting it.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 22-cr-20516.

###

Defense News: Future USS Idaho Crewmembers Visit Namesake State

Source: United States Navy

 

Six sailors from future Virginia-class submarine – Executive Officer Lt. Cmdr. Darrell Smith, Chief of the Boat Master Chief Petty Officer Travis Skipper, Lt. Beckett Lemley, Petty Officer 1st Class Justin Teal, Petty Officer 2nd Class Peyton Freck, and Petty Officer 3rd Class Gianni Luzzetti – toured the state to learn more of Idaho’s rich history and military traditions, as well as share their Navy stories and build relationships in the community.

“It’s been an amazing trip so far,” said Smith during a visit to Weiser High School in Weiser, Idaho. “Everywhere we go, it’s been a wide, warm welcome in Idaho.”

“This whole trip has been humbling,” said Skipper at the same event in Weiser. “The amount of pride and patriotism that the state of Idaho has, it’s definitely opened our eyes and we’re thankful to be named the Idaho.”

Former Idaho Gov. Dirk Kempthorne, who acted as host for the ship’s commissioning committee, praised the crew’s impact on the people of Idaho during the numerous public events.

“Just last night, for example, at a Boise State basketball game,” Kempthorne explained. “When the crew was introduced, it was an immediate standing ovation, which was as sincere and strong cheer as any play that ever happened in that auditorium.”

Kempthorne added that the people of Idaho, even those who know of the submarine, prefer to shake hands with the crew members, calling the interactions a “beautiful bond that is existing between the ship and state.”

The basketball game was one of two high-visibility sporting events – the other during an Idaho Steelheads professional hockey game – that the crewmembers took center court and ice to greet cheering fans.
Smith led the crowd in three cheers of ‘Let it be forever,’ the ship’s rallying cry and the English translation of the state’s motto, Esto Perpetua.”

The crew members visited the state capital to meet with sitting Gov. Brad Little, as well as other state officials. They also toured the campuses of the College of Idaho and Northwest Nazarene University, as well as two high schools in Caldwell and Weiser, Idaho. And most importantly, they paid their respects to veterans at the Idaho Veterans Cemetery in Boise.

“The crewmembers and students paid respects to the recently deceased Mr. Clark Syme, believed to be the last surviving World War II submarine veteran in Idaho,” said Lemley, who serves as the ship’s navigator, during the event at Caldwell High School. “The students then asked questions of the crew and participated in the USS Idaho battle cry, ‘let it be forever!’”

After three days of shaking hands and wowing audiences in the capital region, the crew changed from their dress uniforms to winter gear for four days of winter activities in Idaho’s northern mountains. The activities included snowmobiling, sleigh rides, a winter carnival parade, and Idaho’s annual Sled Dog Challenge, before the crew made their way back to Boise for a farewell dinner.

“The crew was welcomed warmly and got to count down the start of one of the dog teams,” Lemley added. Lemley also commented on the crew’s snowmobiling experience, stating “the crew covered over 40 miles on their way to Burgdorf, for the hot springs, and then to Warren, a small mining town where we ate dinner and rested for the night.”

Kempthorne, when asked about the crew’s overall visit, stated his time with the crew allowed him to “see it from both perspectives.”

“I see the excitement that the sailors are experiencing, and that they’ve said we’ve never seen such patriotism,” Kempthorne said. “And how the people [of Idaho] support so immediately.”

Kempthorne added that during a previous state visit, crewmembers collected water from multiple lakes in Idaho to be used for the ship’s christening ceremony.

“We went to the different lakes in Idaho gathering the water, which will all go into the champagne bottle,” Kempthorne explained. “So that when Terry Stackley, our sponsor, christens the boat, the first water that will touch the bow of the USS Idaho will be the waters of Idaho.”

The future USS Idaho – currently being built at General Dynamics Corp.’s Electric Boat shipyard in Groton, Connecticut – is scheduled to be the 26th Virginia-class submarine to join the fleet and eighth in the Block IV of the class. The Block IV submarines are notable for incorporating smaller-scale design changes that increase the number of deployments a sub can complete for each period of regular shipyard maintenance.

SSN 799 will be the fifth U.S. Navy ship to be named for the Gem State. The last ship to carry the name was a New Mexico-class battleship that served during World War II. The future USS Idaho will be homeported in Groton and operate under Submarine Squadron (SUBRON) 4.

Fast-attack submarines are multi-mission platforms enabling five of the six Navy maritime strategy core capabilities – sea control, power projection, forward presence, maritime security and deterrence. They are designed to excel in anti-submarine warfare, anti-ship warfare, strike warfare, special operations, intelligence, surveillance and reconnaissance, irregular warfare and mine warfare. Fast-attack submarines project power ashore with special operations forces and Tomahawk cruise missiles in the prevention or response to regional crises.

Defense News: Navy Awards Public Outreach Contract to Native Hawaiian Business to Solicit Public Input on Non-Fuel Re-Purposing of Red Hill

Source: United States Navy

JOINT BASE PEARL HARBOR-HICKAM, Hawaii – The Navy has awarded a contract to the Nakupuna Companies, a Native Hawaiian-owned and local small business, to develop and execute a public outreach program to solicit information from the public on recommendations for the Navy to re-purpose the Red Hill Bulk Fuel Storage Facility (RHBFSF).

Defense News: Overcoming Obstacles: How the Naval Studies Certificate Prepares Leaders for the Future

Source: United States Navy

Cpl. Erica Pickle, of Birmingham, Alabama, graduated from the first cohort of the United States Naval Community College’s Naval Studies Certificate program summa cum laude – with the highest distinction. 

“I enjoyed all of the courses,” said Pickle, as she walked into the building to record her speech. “But I thought the NAV 101 and NAV 105 courses were the most interesting. We think [that] we think every day, but we don’t think of thinking as a process.” She said these courses introduce different concepts that help her think through the process and comparing and contrasting different perspectives to develop her leadership skills. “It brings you into NAV 105, where you get to try those critical thinking processes and try and test some of those things you picked up along the way.”

The NAV 101 course is Naval Ethics and Leadership and is the first Naval Studies course students take in the program. NAV 101 starts with the Sailor, Marine, or Coast Guardsmen at the self level and puts them into the perspective of learning from each other and developing a broad view of leadership, setting the tone for the rest of the program.

After taking all of the other Naval Studies courses, students take the capstone course, NAV 105 – Introduction to the Geopolitical environment. This course focuses on taking everything the student has learned up to this point and developing a research paper, which includes the historical case studies in NAV 102 – Modern Naval History, the bigger picture of the naval services in NAV 103 – Naval Force Design, and putting it into the context of the Federal government in NAV 104 – Civilian/Military Relations, Organization, and American Government. The students choose an international topic and discuss why this is strategically relevant to the naval forces. These courses were designed to align with similar courses taught at other institutions in the Naval University System.

The first graduates of the Naval Studies Certificate program comprises 34 Sailors, Marines, and Coast Guardsmen from  Japan to Bahrain, California to North Carolina. These five courses were taught entirely online and asynchronously, giving each service member an opportunity to balance their work life with the pursuit of naval-relevant education.

For those who have been in the Marine Corps since before the Global War on Terrorism, they have seen education opportunities change drastically during their career.

“I wish I had this program when I was younger,” said Sgt. Maj. Michael Hensley, USNCC’s command senior enlisted leader. Having started his career as an infantry Marine, Hensley spent weeks in field training exercises. These conditions did not facilitate the opportunity for Hensley to pursue his education via traditional means. “If I wanted to go to school as a young Marine, they would have to have someone drive me out of the field to attend class for a few hours, then drive me back when class was done. This would have to be done a couple times a week.”

“There’s no way I could have participated in something like this if it wasn’t virtual,” said Pickle. The online and asynchronous model allows Sailors, Marines, and Coast Guardsmen anywhere with an internet access the ability to continue their education.

Pickle said she knew the Coast Guard existed, but wasn’t aware of the importance of their mission. “I remember seeing a Coast Guard officer in the recruiting office, and that was my literal extent of knowledge of the Coast Guard,” she said. “Now, I have a much clearer understanding of the role and purpose they have and their effects on the entire operation.”

“The Naval Studies Certificate is designed with fleet input to be both a part of the student’s associate degree and build skills the operating force needs,” said Russ Evans, associate dean of Naval Studies at USNCC. “Whether it is expeditionary advanced operating bases or distributed lethality, we will ask more junior individuals to make bigger decisions with less support more quickly. The Naval Studies Certificate is designed to prepare students for those challenges.”

The Naval Studies Certificate’s 15-semester-credit program is a stackable certificate within each of the associate degree programs offered by USNCC. These stackable certificates mean USNCC students will be able to build on the education they earn to develop a journey of lifelong learning.

“We want our Sailors, Marines, and Coast Guardsmen to continually progress in learning. Through continued lifelong learning, our men and women in uniform are key to enhancing operational readiness and advancing the warfighting advantage over our competitors and adversaries,” said President Randi R. Cosentino, Ed.D., of USNCC. “This Naval Studies Certificate program is a key component to ensuring the Navy, Marine Corps, and Coast Guard better develop the intellectual talent we have at all paygrades in the services.”

During her graduation speech, Pickle compared her education to the obstacle course Marines use to develop their confidence and capabilities to overcome any challenge. “There are walls to scale, ropes to climb, barbed wire to low-crawl under,” she said, “but every graduate here, they put in the work, and they earned that Naval Studies Certificate.”

The Naval Studies Certificate program will be opening up for a pilot command-referral phase February 1, 2023. These Sailors, Marines, and Coast Guardsmen will be directly referred by their commands as prime candidates to earn an independent Naval Studies Certificate.

“For the USNCC to be successful, we have to provide naval-relevant classes and content,” said Dan Goff, Ph.D., professor of Naval Studies and a retired Marine. “The only way we can really ensure that is feedback from the students, but also the commands where those students come from.

“I really think the information is invaluable,” said Pickle. “For enlisted service members – not just Marines, not just Navy – but generally, being reminded of what democracy is or what the purposes of the services are is really important.”

To learn more about the Naval Studies Certificate program, or to find out more about the command nomination program, go to www.usncc.edu

The United States Naval Community College is the official community college for the Navy, Marine Corps, and Coast Guard. To get more information about the USNCC, go to www.usncc.edu. Click on the Apply Now link to become a part of the USNCC Pilot II program.

Rhode Island Law Enforcement Working Collaboratively to Combat Elder Fraud

Source: United States Department of Justice News

PROVIDENCE – “Every day, this Office sees the financial ruin and emotional devastation inflicted on elderly victims by scams and fraud schemes. The most recent FBI statistics are staggering: in 2021 nearly 100,000 American seniors reported being defrauded by scammers of $1.7 billion dollars. That’s more than just a statistic – it’s a life changing event that many never recover from, and we are determined to leverage our resources to bring to justice those who prey on our elderly and vulnerable friends and neighbors.”

That’s the sobering reality United States Attorney Zachary A. Cunha outlined today at the outset of a law enforcement elder fraud investigation and prosecution training program attended by more than sixty members of Rhode Island federal, state, and local law enforcement.

Hosted by the United States Attorney’s Office and the Rhode Island Police Chiefs’ Association, in collaboration with the United States Postal Inspection Service, today’s training program focused on identifying the most common elder fraud scams; utilizing techniques and federal laws to build a case from a one-victim complaint to identifying larger fraud networks; overcoming challenges law enforcement and prosecutors face while investigating and prosecuting elder fraud cases; the importance of collaboration between law enforcement agencies; and support and resources available for victims of crimes against the elderly.

“Elder fraud consists of financial crimes that target older people’s money or property. It includes telephone, internet, and varying mail scams, noted Bristol Police Chief  Kevin M Lynch. “As President of the Rhode Island Police Chiefs’ Association, we know that your local police will be your first call to report an incident. We pledge to work with our partners in State and Federal law enforcement and will be your advocate and champion to ensure that your property, identity, and concerns are investigated and safeguarded to the best of our ability. Do not hesitate to contact your local police department even if you are embarrassed or have questions, as knowledge and timely collaboration are key to successful outcomes.”

“The partnership between the U.S. Postal Inspection Service and the Rhode Island U.S. Attorney’s Office has always been a strong one,” said Darnell Edwards, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division.  “Today’s training on elderly fraud investigation and prosecution highlights our joint effort to combat criminals’ ability to prey on our most vulnerable. The U.S. Postal Inspection Service remains committed to investigating and pursuing criminals to ensure the public’s trust in a safe and secure mail system.”

In addition to significant collaboration across the country between federal and state law enforcement agencies investigating and prosecuting the perpetrators of scams against the elderly, the Department of Justice recently expanded its Transnational Elder Fraud Strike Force to amplify efforts to combat scams originating overseas. In the past year, the Justice Department notified over 550,000 individuals that they may be eligible for remission payments.

United States Attorney Cunha and Chief Lynch thank New England Institute of Technology for the use of their East Greenwich facility for today’s training program.

###