Zachary Czubak, Emissions Tampering, Alaska 2023

Anchorage, AK – Zachary Czubak has been sentenced to five years of probation, 180 hours of community service, and a $66,000 criminal fine for his role in a scheme to illegally modify diesel vehicles, circumventing federal clean air regulations. The case, brought by the Environmental Protection Agency (EPA), reveals a deliberate effort to disable pollution controls and falsify emissions data, impacting air quality in Alaska and potentially beyond.

Czubak, along with co-defendant Patrick Fleming and others associated with their business, Arm Rippin Toys, engaged in the practice of “tuning and deleting” emissions control systems on at least 37 diesel vehicles between July 2019 and September 2020. This process involved the physical removal of crucial components designed to reduce harmful pollutants released into the atmosphere. More insidiously, the defendants then tampered with the vehicles’ onboard diagnostic (OBD) systems to conceal these modifications.

According to the EPA, the OBD manipulation allowed the modified vehicles to operate illegally, bypassing the systems that would normally flag the removal of emissions controls. By falsifying the data reported by these monitoring devices, Arm Rippin Toys effectively allowed customers to operate vehicles that were in direct violation of the Clean Air Act. The scheme generated approximately $100,000 for the company, demonstrating a clear financial motive behind the environmental crime.

The investigation uncovered that Arm Rippin Toys actively sought out customers desiring these illegal modifications. The “tuning and deleting” services were offered and performed, knowing full well that they violated federal law. Fleming received the same sentencing as Czubak – five years of probation and a $66,000 fine – indicating a shared responsibility in the criminal enterprise. Federal authorities emphasize the seriousness of these offenses, which contribute to increased levels of harmful pollutants and pose a risk to public health.

Table of Contents

Toggle

Legal Ramifications

Czubak and Fleming were found to have violated the Clean Air Act, specifically regulations designed to control emissions from diesel vehicles. They were also charged with violating Title 18 U.S. Criminal Code, section 371, which addresses conspiracy to defraud the United States. Tampering with federally mandated monitoring devices is a serious offense, carrying significant penalties designed to deter others from engaging in similar illegal activities. The fines levied against Czubak and Fleming represent a substantial financial penalty, and the probation periods require ongoing supervision and adherence to specific conditions.

Key Facts

Defendant: Zachary Czubak and Patrick Fleming
Location: Alaska
Years Active: 2019-2020
Crime: Illegal modification of diesel vehicles, tampering with emissions monitoring devices, and conspiracy to violate federal law.
Financial Gain: Approximately $100,000
Penalties: 5 years probation, 180 hours community service, $66,000 fine per defendant.
Laws Violated: Clean Air Act, Title 18 U.S. Criminal Code (18 U.S.C. 371)

The EPA continues to prioritize enforcement of environmental regulations, and this case serves as a stark reminder that those who attempt to circumvent the law will be held accountable. The agency urges anyone with information regarding similar schemes to come forward and assist in protecting public health and the environment.

Source: EPA ECHO Enforcement Case Database

Related Federal Cases