Charles Edward Bayer Jr., Mail Fraud and Clean Air Act Violation, New York 2017

Charles Edward Bayer Jr., a 31-year-old man from Lafayette, Louisiana, has pleaded guilty to a felony count of conspiracy to commit mail fraud and violate the Clean Air Act in a federal court in Syracuse, New York.

According to the authorities, between 2011 and 2013, Bayer participated in a conspiracy to design, manufacture, and sell motor vehicle simulator devices that allowed vehicles to cheat emissions inspections tests in a fraudulent manner. The devices were programmed to bypass the tests, allowing vehicles to pass even if they were not meeting emissions standards.

Bayer admitted that he was a leader in the conspiracy, which involved at least five others. He also admitted that he continued to sell and manufacture the devices even after one of his co-conspirators believed the EPA had become aware of the illegal sales. Bayer purchased the remaining inventory, source codes, and a customer list, and then proceeded to sell and manufacture the devices.

In total, Bayer and his co-conspirators sold at least 170 such devices throughout the country. Bayer added a disclaimer to the instructions that the devices were for “development/off road use only” to make the devices appear legitimate.

The charge to which Bayer pled guilty carries a maximum sentence of 5 years in prison and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

Bayer will be sentenced by Senior District Judge Norman A. Mordue on May 11, 2017. The case is being investigated by EPA-CID and the New York State Department of Environmental Conservation, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry and Senior Trial Attorney Todd Gleason.

The case highlights the ongoing efforts to combat emissions cheating and protect the environment. It also serves as a reminder of the serious consequences of violating federal laws and regulations.

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