Niobrara dealership convicted of violating Clean Air Act

United States Attorney Susan Lehr recently announced that Moody Motor Co., Inc., located in Niobrara, was sentenced on July 31, in federal court in Omaha, for accessory after the fact to a Clean Air Act violation.

U.S. District Court Judge Susan M. Bazis sentenced Moody Motor Co., Inc. to a one-year term of probation, a $39,741.95 fine and a $125 special assessment.

Moody Motor is a certified Ford dealership. In addition to selling new and used vehicles, Moody Motor has a vehicle service department. The company has been in operation since 1955. 

In January 2022, Environmental Protection Agency – Criminal Investigations Division received information stemming from an investigation in Dallas, Texas, involving Diesel Performance of Texas. DPTX sold tuners and delete kits which are products used to modify exhaust systems in violation of the Clean Air Act. An employee of DPTX had supplied Moody Motor Co. with these products approximately 14 times between April 2019 and Jan. 31, 2022. 

On April 28, 2022, EPA-CID executed a search warrant at Moody Motor Co., Inc. and interviewed multiple employees. The employees admitted to performing aftermarket delete and tune work. One of the mechanics estimated that they had installed delete devices on approximately 10-20 vehicles. The mechanic confirmed that the tunes used were purchased from DPTX. One truck that Moody Motor installed a delete device on was identified and was owned by a relative of one of the employees. Moody employees stated that they did this because the truck was a trade-in that needed a lot of work done on it to include having sensors out and that this was easier than replacing the sensors. They did install a straight pipe and an EGR block on the truck. The owner of the truck was contacted and agreed to bring the truck in to be inspected by EPA-CID who confirmed that the emissions control system had been illegally modified and the invoice reflected that the delete tune had been purchased from DPTX.

This case was investigated by the Environmental Protection Agency – Criminal Investigation Division.