Niobrara Ford Dealership Sentenced in Relation to Clean Air Act Violation

United States Attorney Susan Lehr announced that Moody Motor Co., Inc., located in Niobrara, Nebraska, was sentenced on July 31, 2024, in federal court in Omaha, Nebraska for accessory after the fact to a Clean Air Act violation. United States District Court Judge Susan M. Bazis sentenced Moody Motor Co., Inc. to a 1-year term of probation, a fine in the amount of $ 39,741.95, and a $125 special assessment.

Moody Motor Co., Inc. is a certified Ford dealership located in Niobrara. In addition to selling new and used vehicles, Moody Motor Co., Inc. has a vehicle service department. Moody Motor Co., Inc. has been in operation since 1955.

In January 2022, Environmental Protection Agency - Criminal Investigations Division (EPA-CID) received information stemming from an investigation in Dallas, Texas involving Diesel Performance of Texas (DPTX). DPTX sold tuners and delete kits which are products used to modify exhaust systems in violation of the Clean Air Act. An employee of DPTX had supplied Moody Motor Co., Inc. with these products. DPTX sold Moody Motors these products approximately 14 times between April 2019 and January 31, 2022.

On April 28, 2022, EPA-CID executed a search warrant at Moody Motor Co., Inc. and interviewed multiple employees. The employees admitted to performing aftermarket delete and tune work. One of the mechanics estimated that they had installed delete devices on approximately 10-20 vehicles. The mechanic confirmed that the tunes used were purchased from DPTX. One truck that Moody Motor Co., Inc. installed a delete device on was identified and was owned by a relative of one of the employees. Moody Motor Co., Inc.'s employees stated that they did this because the truck was a trade in that needed a lot of work done on it to include having sensors out and that this was easier than replacing the sensors. They did install a straight pipe and an EGR block on the truck. The owner of the truck was contacted and agreed to bring the truck in to be inspected by EPA-CID who confirmed that the emissions control system had been illegally modified and the invoice reflected that the delete tune had been purchased from DPTX.

This case was investigated by the Environmental Protection Agency - Criminal Investigation Division.