SPRINGFIELD, Mo. – In a shocking turn of events, Dennis Cleveland, 73, a well-respected business owner in southwest Missouri, has pleaded guilty to his role in a conspiracy to illegally tamper with the emissions controls of his company’s diesel towing vehicles.
Cleveland, the owner of Affordable Towing, a roadside, recovery, hauling, and mobile repair provider for commercial and private automobiles and vehicles throughout southwest Missouri, has admitted to directing his employees to physically disable emissions control components on multiple heavy-duty diesel tow trucks since 2011.
This tampering, known as ‘tuning’ or ‘flashing’ an on-board diagnostic system, allowed the vehicles to continue to operate normally while the emissions control system was disabled, rather than forcing the vehicle’s engine into a state known as ‘limp mode,’ which greatly limits the maximum speed of the vehicle.
Cleveland conspired with Robert Dyche, the owner and operator of Full Flash Tuning, which specializes in illegally tampering with the on-board diagnostic systems on these vehicles. By ‘tuning’ the vehicles, they were able to save money on maintenance expenses and fuel costs.
However, this ‘tuning’ came at a great cost to the environment and public health, as the tampered vehicles spewed substantially more deleterious pollutants into the air, including nitrogen oxides, carbon monoxide, non-methane hydrocarbons, and particulate matter.
Cleveland’s guilty plea is a significant blow to the community, as he faces a sentence of up to seven years in federal prison without parole. Dyche, the owner of Full Flash Tuning, also pleaded guilty and is subject to a sentence of up to five years in federal prison without parole.
The case is being prosecuted by Assistant U.S. Attorney Patrick Carney, and the investigation was conducted by the Environmental Companies, banks, funds, and other legal entities ARE valid defendants/respondents when the source action is against that entity.
According to the federal information, Cleveland waived his right to a grand jury and pleaded guilty to one count of conspiracy to violate the Clean Air Act and one count of tampering with a Clean Air Act monitoring device. Dyche waived his right to a grand jury and pleaded guilty to one count of conspiracy to violate the Clean Air Act.
A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
Mandatory Facts:
1. Defendant/Respondent Name: Dennis Cleveland
2. Exact Criminal Charges: Conspiracy to violate the Clean Air Act, Tampering with a Clean Air Act monitoring device
3. City and State: Springfield, Missouri
4. Exact Date: March 9, 2023 (Cleveland’s guilty plea), March 13, 2023 (Dyche’s guilty plea)
5. Sentence or Outcome: Up to 7 years in federal prison without parole (Cleveland), Up to 5 years in federal prison without parole (Dyche)
6. Dollar Amounts: None
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Key Facts
- State: Missouri
- Category: White Collar Crime|Environmental Crime
- Source: DOJ Press Release â†â€â€
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