California company pleads guilty to selling thousands of kits to defeat emission controls

A Roseville firm accused of selling thousands of devices that allowed truck drivers to defeat emissions controls on vehicles pleaded guilty Tuesday in federal court in Sacramento, agreeing to pay $1 million in fines and penalties.

Sinister Manufacturing Co., which does business as Sinister Diesel, pleaded guilty to conspiracy to violate the federal Clean Air Act and defraud the United States and to violating the act by tampering with emissions control systems of diesel trucks, U.S. Attorney Phil Talbert’s office said.

Under terms of a plea agreement and a separate civil consent decree, the company also agreed to pay a $500,000 criminal fine and $500,000 in civil penalties.

“Sinister Diesel sold products that allowed drivers to strip the emissions controls from their trucks, causing a dramatic increase in the release of pollutants that worsen air quality and harm the quality of life,” Talbert said in a statement. “Environmental laws that control diesel pollution are especially important to protect sensitive populations such as the young, the elderly, and people who suffer from respiratory conditions.

“My office will continue to vigorously prosecute those who place profit above the public’s health and the environment.”

Sinister attorney Brian Stretch did not respond to a request for comment Tuesday.

The company was charged two weeks ago after prosecutors alleged that Sinister engaged in the activities from its 2010 inception through April 2020, selling tens of thousands of “delete kits” and “tuners” or “tunes” to allow a vehicle that has had its emission controls removed to run normally.

The practice is designed to help drivers increase horsepower and avoid maintenance costs, court documents say.

“Deleting a diesel truck causes its emissions to increase dramatically,” court documents say. “Diesel emissions include multiple hazardous compounds that deleteriously impact human health and the environment.”

“At times, Sinister characterized its delete products as for racing and/or included disclaimers in its sales and marketing materials indicating that its products should be used only in off-road settings,” court documents say. “However, Sinister knew the bulk of its end-user customers were diesel truck drivers who used the delete products they purchased from Sinister on public roads, not racetracks.

“Sinister counseled end users on how to evade state emissions tests for motor vehicles, advising customers to remove Sinister’s delete products in order to pass emissions tests and then reinstall them.”

Talbert’s office said Sinister derived one-quarter of its gross revenues from its delete products, and that between October 30, 2015, and July 17, 2017, it “sold 39,792 defeat devices, including at least 35,960 kits that disable vehicles’ exhaust gas recirculation systems.”

The consent decree, signed by Sinister CEO and co-founder Brian George, prohibits the firm from making or selling such devices and destroying any it still possesses. The decree also calls for the company to “implement a robust internal training program and notify its distributors and former customers about the settlement,” Talbert’s office said.