United States Files Civil Complaint Against New York Online Seller of Illegal Vehicle Emission Control Defeat Devices

Press Release

Spectrum Wholesale, Inc. and its Principal Sold Over 600 Defeat Devices that Increased Harmful Vehicle Emissions

Breon Peace, United States Attorney for the Eastern District of New York, and Lisa Garcia, Regional Administrator of the U.S. Environmental Protection Agency, Region 2 (EPA), today announced the filing of a civil complaint in federal court in Central Islip against Long Island-based company Spectrum Wholesale, Inc. (Spectrum) and Thomas J. Ciccarelli, Spectrum's principal, alleging the defendants' illicit sale of hundreds of products designed to remove, bypass, defeat, or render inoperative the emissions controls that vehicle and engine manufacturers use to meet emission standards, is in violation of the Clean Air Act.

The complaint seeks a court order finding that defendants' sales violate the Clean Air Act, injunctive relief enjoining Defendants from further violations, as well as civil penalties for each violation.

"These sales have put the public health and the environment at risk by defeating critical vehicle emission controls on hundreds of vehicles," stated United States Attorney Peace. "My Office will continue to rigorously enforce the Clean Air Act against those who degrade the public health and environment to make a fast dollar."

"The increased air pollution resulting from these devices threatens the health of everyone, especially those with pre-existing health conditions, children and older adults," stated EPA Regional Administrator Garcia. "To protect public health, EPA is enforcing measures to eliminate the manufacture and sale of such devices to ensure that the vehicles on our roads meet required emission standards."

The Clean Air Act prohibits selling, offering for sale, or causing the sale or offer of aftermarket parts that defeat motor vehicle emission controls (commonly known as "aftermarket defeat devices"). The complaint alleges that between October 18, 2019 and September 2, 2020, primarily through online transactions, the defendants sold, offered for sale, or caused the sale of approximately 672 such devices. By enabling vehicle emission controls to be evaded, aftermarket defeat devices contribute to air pollution and harm to public health. They also impede efforts by the EPA, states, tribes, and local agencies to plan for and meet air quality standards. The use of defeat devices can exponentially increase emissions of particulate matter (PM), carbon monoxide (CO), nitrogen oxides (NOx), and nonmethane hydrocarbons (NMHC). For example, EPA testing has found that deleting a motor vehicle's emissions controls can increase tailpipe emissions of NOx by a factor of up to 300 times, CO by a factor of approximately 130 times, NMHC by a factor of approximately 1,000 times, and PM by a factor of up to 37 times.

The lawsuit is being handled by Assistant United States Attorney Matthew Silverman of the U.S. Attorney's Office, Eastern District of New York, along with EPA Office of Regional Counsel, Assistant Regional Counsels Cassandra Basile and Erick Ihlenburg.

In June 2021, the United States Attorney's Office for the Eastern District of New York created an Environmental Justice Team within the Office's Civil Division. The focus of the Environmental Justice Team is the protection of the rights of residents of the Eastern District of New York who are disproportionately burdened by environmental and health hazards. Additional information concerning the Office's Environmental Justice Team can be found at: https://www.justice.gov/usao-edny/environmental-justice-and-enforcement

The Defendants:

SPECTRUM WHOLESALE INC.
Oakdale, Long Island

THOMAS J. CICCARELLI
Oakdale, Long Island

E.D.N.Y. Docket No. 25-CV-127

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Updated January 8, 2025