MIAMI – In a stunning revelation, Vivian Machado, 62, Eric Flaquer, 39, and Miami-based outfits Quick Tricks Automotive Performance, Inc., and Kloud9Nine, LLC have been found guilty in federal district court for conspiring to tamper with monitoring devices on diesel vehicles, violating the Clean Air Act (CAA).
The CAA, a critical piece of legislation aimed at protecting public health and welfare by enhancing air quality, mandates that heavy-duty diesel engines be equipped with emissions control systems. These systems are monitored by on-board diagnostic systems (OBD), which track emissions-related engine functions. It’s a serious felony to tamper with these devices.
Between January 2018 and December 2020, Machado, Flaquer, and Quick Tricks received approximately $230,830.61 for selling ‘delete tune files’ that disabled OBDs on heavy-duty diesel vehicles. From October 2019 to March 2021, they made an additional $141,162.70 for another 657 transactions. Despite knowing the illegal nature of their actions, the defendants went to great lengths to keep their activities secret from the U.S. Environmental Protection Agency (EPA).
The tampered vehicles were operated on public roads and highways across the United States, contributing to harmful emissions. Diesel exhaust poses significant health risks due to its mixture of acidic gases and hydrocarbons. This illegal activity has profound environmental justice implications for communities living near major roadways.
U.S. District Judge Kathleen M. Williams has scheduled a sentencing hearing for April 7 at 3:00 p.m. in federal district court in Miami. Machado and Flaquer face up to five years in prison and fines of up to $250,000 or twice the profit from their crimes. The companies could be sentenced to probation up to five years and fines up to $500,000.
Markenzy Lapointe, United States Attorney for the Southern District of Florida, and Charles Carfagno, Special Agent in Charge of the EPA’s Criminal Investigation Division, Southeast Area Branch, confirmed the convictions. The case was investigated by the EPA’s Criminal Investigation Division, with Special Assistant U.S. Attorney Jodi A. Mazer leading the prosecution.
RELATED: Miami Duo, Firms Plea Guilty to Diesel Emissions Tampering
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Key Facts
- State: Florida
- Agency: DOJ USAO
- Category: Public Corruption|White Collar Crime|Organized Crime
- Source: Official Source ↗
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