Billings business owner admits tampering with pollution-monitoring devices for diesel trucks in violation of Clean Air Act

BILLINGS - A Billings business owner accused of developing and selling software devices and kits to circumvent emissions monitoring systems for at least 845 diesel trucks admitted today to violating the Clean Air Act, U.S. Attorney Jesse Laslovich said.

The defendant, Thomas James Nash, 37, appeared for arraignment on an information and pleaded guilty to tampering with Clean Air Act monitoring device. Nash faces a maximum of two years in prison, a $250,000 fine and three years of supervised release.

U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Susan P. Watters. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Nash was released pending further proceedings.

In a plea agreement filed in the case, the parties agree that a term of probation and a $250,000 fine is appropriate.

The government alleged in court documents that from 2019 until April 2021, Nash, through his businesses, DRK and Flash Performance, tampered with Clean Air Act monitoring devices by developing, marketing and selling software known as "tunes" that, when downloaded onto a vehicle's computer, would override and disable the on-board diagnostic system so that it would no longer detect malfunctions in the emissions control system. Nash loaded his tunes onto a device known as a "tuner" that would plug into a vehicle's on-board diagnostic port, establishing a connection so that the tune could be downloaded.

Nash also packaged the tuners with devices, such as "straight pipes," which are used to disable the emissions control hardware. Nash sold these packages as DRK "delete kits" over the internet on eBay. Nash specifically marketed these "delete kits" as a way to circumvent the emissions control system in diesel trucks and customers purchased them with that intention. When the hardware devices and "tunes" were installed, a truck's on-board diagnostic system was rendered ineffective, causing the truck to greatly exceed emission standards established under the Clean Air Act and release significantly more pollution. The pollutants include nitrogen oxide, carbon monoxide, non-methane hydrocarbons and particulate matter, which degrade air quality and pose a significant risk to public health. Further, Nash provided ongoing technical assistance to customers who purchased the kits to ensure they were able to effectively circumvent the emissions monitoring system. Nash successfully tampered with at least 845 trucks.

The U.S. Attorney's Office is prosecuting the case. The Environmental Protection Agency conducted the investigation.

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