Spokane, Washington - On October 18, 2024, A federal grand jury for the Eastern District of Washington returned an indictment charging John Wesley Owens, of Manson, Washington; Joshua Wesley Owens, of Mapleton, Utah; their companies Diesel Truck Products, Inc. d/b/ DPF Delete Shop Inc., and Fulfillment Solutions & More, LLC; Kevin Paul Dodd, of Maple Ridge, British Columbia, Canada; his companies Evolution Auto Performance and Evo Tunes Inc.; and Philip John Sweeney, of Coquitlam, British Columbia, Canada; and his company KX Wheels, for a scheme to smuggle and illegally import tens of millions of dollars in contraband emissions defeat devices from Canada into the United States and to sell and distribute them throughout the United States, in violation of the Clean Air Act.

Under the Clean Air Act, diesel trucks are required to maintain systems and components that limit harmful emissions of dangerous pollutants such as diesel particulates. Exposure to diesel exhaust can lead to serious health conditions like asthma and respiratory illnesses and can worsen existing heart and lung disease, especially in children and the elderly. Heavy-duty diesel trucks are also required under the Clean Air Act to maintain an onboard-diagnostic system which monitors the functionality of the hardware emissions control components. In order to ensure that the required emissions control systems are functioning properly, if the system detects that an emissions control component is not working, or has been removed, it will ultimately put the truck into what is known as "limp mode," which limits the top speed to as low as 5 miles per hour. Hardware and software designed to disable these emissions controls, commonly known as "defeat devices", can greatly increase the emissions of these dangerous pollutants into the atmosphere, particularly impacting communities that are close to arterial roads and highways.

The indictment alleges that the Owens, Sweeney, Dodd, and their companies conspired to violate the Clean Air Act and to smuggle contraband and illegal defeat devices into the United States. The indictment also charges the Owens and their companies with money laundering. According to the indictment, between December 2015 and November 2023, the Owens purchased more than $33 million dollars in illegal emissions defeat devices from Dodd, Sweeney, and their companies. The indictment alleges that Dodd, Sweeney, and the Owens smuggled and illegally imported these emissions defeat devices from Canada into Eastern Washington and then sold and distributed them to customers throughout the United States.

According to the indictment, in the Summer of 2020, the Owens, following requests for information about their business from the Environmental Protection Agency, decided to shut down their business website and re-launch under a new name. In May 2020, Joshua Owens sent an email to Dodd and said, "In June I'm winding down this 'legal entity' and staring up another one. Feels like I'm on borrowed time with the EPA." According to the indictment, in July 2020, Joshua Owens then started a new website, www.dpfdeleteshop.com, and new business name "DPF Delete Shop, Inc." listing a business address in the Cayman Islands, and continued to use this website to import, sell, and distribute illegal defeat devices, despite repeated warnings that they were illegal. The indictment alleges that in February 2023, when a customer complained by email and threatened to report Josh Owens and DPF Delete Shop Inc. to the EPA, Josh Owens responded by email "We have all your info. You'll be the guy we serve up on a silver platter to the EPA if it comes down to that."

The indictment further alleges that the Owens and Sweeney conspired to disguise the shipments of illegal emission control devices from Canada into Eastern Washington. In May 2022, Sweeney emailed John Owens and wrote, "John We have lots of ways that we can get stuff across the border, I will give you a call later I just need you to be complacent and how we do it and I don't wanna do it over email."

According to the indictment, between 2017 and 2023, based on online sales data, the Owens and their businesses received more than $74 million in revenue through their online sales of emissions defeat devices to customers in the United States.

"Safe and healthy air quality is critical for a thriving community. The Clean Air Act provides important safeguards that limit the amount of harmful emissions from diesel vehicles. Attempting to profit from evading pollution control systems puts the health and safety of everyone in our community at risk, especially children and individuals who suffer from asthma and respiratory illnesses," stated U.S. Attorney Waldref. "Strong and fair enforcement of environmental and public health laws ensures a safer community for all families to live, learn, play, and work."

The conspiracy charges carry a maximum sentence of up to 5 years in federal prison, while the smuggling and money laundering charges have a maximum sentence of up to 20 years imprisonment.

This case was investigated by the EPA's Criminal Investigation Division, the Federal Bureau of Investigation, and the Internal Revenue Service. Assistant United States Attorneys Dan Fruchter and Jacob E. Brooks, and Special Assistant United States Attorney Gwendolyn Russell, are prosecuting the case.

2:24-CR-00140-TOR