Owner of Red Barn Diesel Performance Pleads Guilty to Conspiring to Tamper with Clean Air Act Monitoring Devices on Diesel Trucks

Press Release

EPA investigation shows Isaac Allen polluted the environment for personal gain

PORTLAND, Maine - A Windham man pleaded guilty Wednesday in U.S. District Court in Portland to conspiring to tamper with Clean Air Act monitoring devices and obstructing an agency proceeding.

According to court records, between January 2017 and September 2020, Issac Allen, 34, the owner of Red Barn Diesel Performance, conspired with a local truck sales business to download software, known as "tunes," that reprograms a vehicle's on-board diagnostic (OBD) system, thereby tampering with the OBD system's monitoring function so that it would not detect malfunctions in emissions control components. Such downloading is known as "tuning."

Disabling emissions controls or tampering with the OBD system of a diesel truck causes its emissions to increase significantly. Diesel exhaust contains nitrogen oxides, carbon monoxide, particulate matter, and non-methane hydrocarbons, posing cancer and noncancer health risks.

The U.S. Environmental Protection Agency (EPA) sent Allen an Information Request under the Clean Air Act for information about the vehicles serviced by Red Barn, including identification of all engine tunes installed and a description of whether the tunes affected various components of each vehicle's emissions control system or interfered with each vehicle's OBD system. Allen underreported the number.

Allen faces up to five years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

"The defendant in this case illegally tampered with the vehicle diagnostic systems from diesel trucks and then impeded EPA's investigation by intentionally misrepresenting the scope of his illegal conduct," said Special Agent in Charge Tyler Amon of the Environmental Protection Agency's Criminal Investigation Division (EPA CID) in Maine. "The pollution that results from excess vehicle emissions can lead to serious health conditions and has been linked to increased respiratory disease and childhood asthma. This guilty plea demonstrates that EPA will vigorously prosecute those who violate laws designed to protect our communities from harmful air pollution."

The EPA's Criminal Investigation Division investigated this case with support from the Maine State Police.

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Updated November 21, 2024