Zachary Czubak, Patrick Fleming and their co-defendant tampered with federally mandated monitoring devices on private and commercial diesel vehicles and removed required air pollution control equipment on at least 37 vehicles between July 2019 and September 2020.

In July 2019, the co-owners of Arm Rippin Toys, including Czubak and Fleming, entered into an agreement to engage in “tuning and deleting” customers’ diesel vehicles. This process involves the removal of emissions control systems which are designed to reduce pollutants being emitted from the vehicles. Under normal operating conditions, an on-board diagnostic (OBD) system will detect any removal and/or malfunction of a vehicle’s emissions control equipment. By modifying OBDs on vehicles, Arm Rippin Toy’s co-owners and employees falsified, tampered with and rendered inaccurate the vehicles’ monitoring devices so that the modified vehicle could continue to function despite the removal or deletion of emissions control equipment. In total, Arm Rippin Toys collected approximately $100,000 for performing unlawful deletes and tunes on diesel vehicles.

• Clean Air Act (CAA)
• Title 18 U.S. Criminal Code (TITLE 18)