If a diesel shop is offering emissions delete services -- illegal under the Clean Air Act -- and is trying to fly under the radar of the U.S. Environmental Protection Agency, it might not be the best idea to name the business "DPF Delete Shop Inc."
That was just one among several alleged missteps of several individuals and their companies who were recently charged 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 U.S.
According to a press release from the U.S. Attorney's Office for the Eastern District of Washington, a federal grand jury returned the indictment charging:
- John Wesley Owens of Manson, Washington, and Joshua Wesley Owens of Mapleton, Utah, and their companies Diesel Truck Products, Inc. d/b/a DPF Delete Shop Inc., and Fulfillment Solutions & More, LLC
- Kevin Paul Dodd, of Maple Ridge, British Columbia, Canada, and his companies Evolution Auto Performance and Evo Tunes Inc.
- Philip John Sweeney, of Coquitlam, British Columbia, Canada, and his company KX Wheels
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 also 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.
[Related: Final sentences handed down in Michigan emissions 'delete' case]
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 the company website and relaunch 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 further 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, 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.”
[Related: 'Emissions delete' scheme leads to max penalty for fleet, repair shop]
The indictment also alleges that the Owens’ and Sweeney conspired to disguise the shipments of emissions 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.” [sic]
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 online sales of emissions defeat devices to customers in the United States.
“Safe and healthy air quality is critical for a thriving community,” said U.S. Attorney Waldref. “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. 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 of 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.
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