New Jersey man pleads guilty to nationwide conspiracy to violate the Clean Air Act by remotely disabling pollution control devices on diesel trucks

Press Release

Over three years defendant removed pollution control software on hundreds of diesel trucks, with each tampered truck capable of polluting 30 to 1200 times that of a legally configured truck

Tacoma - A 44-year-old Columbia, New Jersey man pleaded guilty today to conspiracy to violate the Clean Air Act for his scheme to interfere with pollution control software on diesel trucks, announced U.S. Attorney Tessa M. Gorman. Jonathan Achtemeier admitted that between 2019 and 2022, he removed the pollution control software on hundreds of vehicles nationwide. U.S. District Judge Tiffany M. Cartwright scheduled sentencing for February 14, 2025.

According to records filed in the case, Achtemeier conspired with mechanics in garages and operators of truck fleets to disable the anti-pollution software installed on diesel trucks. Coconspirators who wanted to disable their trucks' pollution control hardware system-a process commonly known as "deleting"-sought Achtemeier's help to trick the truck's software into believing the emissions control systems were still functional, a process known as "tuning." Monitoring software on a deleted truck will detect that the pollution control hardware is not functioning and will prevent the truck from running. Achtemeier disabled the monitoring software on his client's trucks by connecting to laptops he had provided to various coconspirators. Some of the coconspirators would pass the laptop on to others seeking to have the anti-pollution software disabled on their trucks. Once the laptop was hooked up to the truck's onboard computer, Achtemeier could access it from his computer and tune the software designed to slow the truck if the pollution control device was missing or malfunctioning. Achtemeier could "tune" trucks remotely, which enabled him to maximize his environmental impact and personal profit.

Removing the pollution control equipment and disabling the software results in trucks polluting at 30 to 1,200 times the level of a truck with pollution control systems. Tampering with pollution control software is a violation of the Clean Air Act.

Achtemeier charged as much at $4,500 per truck for work that often took him two hours or less. Achtemeier advertised his services on social media nationwide, doing business as Voided Warranty Tuning (VWT) or Optimized Ag. Between 2019 and 2022 his company took in more than $4.3 million in gross profits.

The coconspirators in this case have service garages or truck fleets in various areas of Washington State. The trucks that were altered range from pick-ups such as a Dodge R3500 to Kenworth and Freightliner semi-trucks.

Conspiracy is punishable by up to five years in prison and a $250,000 fine.

The case was investigated by the Environmental Protection Agency Criminal Investigation Division (EPA-CID).

The case is being prosecuted by Assistant United States Attorneys Lauren Watts Staniar, Dane Westermeyer, and Seth Wilkinson, with Special Assistant United States Attorney Karla Perrin. Ms. Perrin is an attorney with the EPA.

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Updated November 20, 2024