MAYOR ADAMS, DCWP COMMISSIONER MAYUGA SECURE $1.5 MILLION FOR CONSUMERS HARMED BY PREDATORY USED CAR DEALER GROUP

 

26 Motors Dealerships Banned From Doing Business in New York City for Five Years

 

Agreement Builds on Administration’s Significant Consumer Protection and Worker Restitution Wins, Putting $315 Million Back Into Pockets of New Yorkers

New York City Mayor Eric Adams and New York City Department of Consumer and Worker Protection (DCWP) Commissioner Vilda Vera Mayuga today announced an agreement with 26 Motors — a group of six used car dealerships — that will deliver $1.5 million in relief to New Yorkers harmed by the dealerships’ deceptive sales practices. The agreement resolves numerous violations of the city’s Consumer Protection Law that protects against deceiving and otherwise preying on vulnerable consumers, as well as licensing laws prohibiting other unlawful conduct in the industry. Mayor Adams and DCWP Commissioner Mayuga also secured $300,000 in civil penalties from the company, and a five-year ban on five of the seven individual owners from owning and operating a used car dealership in New York City.

“Working people use their cars to earn a living, drop their kids off at school, and take care of their loved ones, but the six car dealerships part of 26 Motors have been using predatory business practices to drive away with the hard-earned cash of New Yorkers,” said Mayor Adams. “Today, we’re proud to announce that we are holding 26 Motors accountable with an agreement that will deliver $1.5 million back into the pockets of working-class New Yorkers. This administration is being clear: We are coming after businesses that take New Yorkers for a ride.”

“This administration is committed to protecting consumers from illegal business practices and holding businesses accountable for exploiting New Yorkers,” said Deputy Mayor for Housing, Economic Development, and Workforce Maria Torres-Springer. “I thank the mayor and the Department of Consumer and Worker Protection for working to protect our neighbors and making our shared marketplace a safer one.” 

“DCWP has zero tolerance for businesses that use deceptive practices to prey on our fellow New Yorkers,” said DCWP Commissioner Mayuga. “A car is a major but necessary expense that many consumers need to get to work and to take care of their loved ones, and no one should be pressured or deceived into buying a defective vehicle. With this agreement, we are sending a clear message that this administration will continue to support working people and protect all New Yorkers from predatory businesses.”

For years, 26 Motors displayed a pattern of predatory business practices. The dealerships used false advertising to lure consumers into buying mechanically defective vehicles and refused to honor their advertised prices. They also deceived consumers about the true cost of vehicles by posting misleading information online. Additionally, the dealerships preyed on financially vulnerable consumers by forcing them into financing deals and provided false information to financial organizations to secure loans. Finally, they tricked consumers into signing illegal waivers and refused to provide them with legally required disclosures upon request, among other violations of the city’s Consumer Protection Law.

Since 2017, DCWP has received more than 100 consumer complaints about 26 Motors’ dealerships in the Bronx and Queens, alleging harm stemming from deceptive business practices, including the use of an elaborate false advertising scheme across numerous websites; overcharging consumers; selling mechanically defective vehicles; and routinely failing to provide consumers with legally mandated disclosures. 

In April 2023, DCWP charged 26 Motors with over 9,500 violations at the Office of Administrative Trials and Hearings related to the dealerships’ deceptive business practices. As part of the settlement, 39 consumers will receive at least $400,000 in payments, leaving $1.1 million for other consumers of the dealerships who have yet to come forward with claims. Claims can be submitted directly online.

DCWP currently licenses more than 460 secondhand auto dealers and has received more than 4,400 complaints about the industry over the past five years. In that same period, DCWP conducted more than 2,600 inspections of used car dealerships and issued more than 840 summonses. The most common violations include failure to post required signs, parking or storing cars on sidewalks and public roadways, and missing price disclosures. As a result of mediating complaints, charging businesses with violations of the applicable law and rules, and executing settlements, DCWP has secured over $1.9 million in consumer restitution and more than $5.2 million in fines against used car dealerships over the past five years.

To help further protect automotive consumers, the Adams administration encourages New Yorkers who are looking to buy a used car to read the Used Car Consumer Bill of Rights, which dealerships are required to post and give to each consumer before they sign a sales contract. This Consumer Bill of Rights must be provided to the consumer in the language in which the contract was negotiated if the translation is available on DCWP’s website. When shopping for a certified, pre-owned automobile, consumers should make sure they know the specific criteria for certification, obtain proof that the car they are interested in purchasing meets those criteria, and receive documentation of any promised warranties.

Any consumer who has had a problem with a used car dealership should file a complaint with DCWP online or call 311.  New Yorkers who are trying to get their finances in order before buying a car or who are struggling with debt can make an appointment for free one-on-one financial counseling at one of the city’s Financial Empowerment Centers by calling 311 or going online.

Since the beginning of the Adams administration, DCWP has put more than $315 million back into the pockets of New Yorkers through consumer and worker restitution, debt relief, and financial empowerment programs. In 2023, DCWP held businesses accountable for violating the city’s workplace laws, securing almost $10 million for nearly 6,000 workers across multiple workplace cases. DCWP made strides in supporting the city’s growing self-employed population by securing more than $275,000 in worker relief over L’Officiel USA's widespread failure to pay freelancers on time or fully, in violation of the city’s “Freelance Isn’t Free Act.” DCWP also launched an expansion of “NYC Free Tax Prep” services for self-employed filers, providing free tax preparation services for gig workers, freelancers, and small business owners. In November, Mayor Adams and DCWP celebrated a win for delivery workers, beginning enforcement of the nation’s first Minimum Pay Rate for app-based restaurant delivery workers. And, just last week, DCWP earned another major win for New Yorkers when the U.S. Court of Appeals for the Second Circuit denied a challenge of the “just cause” provision of the city’s Fair Workweek Law.

“Purchasing a car under false pretenses, being tricked into buying a mechanically defective vehicle, or signing a purchase contract only to experience a 'bait and switch' on the contract terms can devastate a person's financial situation as well as their ability to maintain their daily lives,” said Daphne Schlick, director, New York Legal Assistance Group's Consumer Protection Unit. “This settlement is a win for consumers and a wakeup call for predatory dealerships that there are consequences for their harmful and illegal actions. We applaud DCWP's efforts in bringing this settlement to fruition and look forward to more bad actors being held accountable by providing relief to victims and putting an end to these duplicitous practices.” 

Statement from NYGOP Chair Ed Cox in Response to Displaced Students at Brooklyn's James Madison High School,

 

NYGOP Chair Ed Cox released the following statement in response to students at Brooklyn's James Madison High School, which Chuck Schumer attended, being forced into remote learning to make room for illegal immigrants:

 

"How many schoolchildren from Chuck Schumer's own high school need to have their lives disrupted before he does something about our immigration crisis? To displace New York's students in favor of illegal immigrants is shocking and beyond the pale.

 

"The solutions are staring Chuck Schumer and Joe Biden in the face: they should reform our broken asylum and parole rules, end catch and release, restore Remain in Mexico and end sanctuary city policies. 

 

"What's missing is the will: the only way to fix our immigration crisis is to elect Republicans at all levels of government in November." 

New Charter School Underway At 447 Wales Avenue In Mott Haven, Bronx

 

Civic Builders, a national nonprofit lender and developer dedicated to supporting public charter schools in under-resourced communities, is currently developing a new charter school located at 447 Wales Avenue in Mott Haven, The Bronx. The project, a partnership with Comp Sci High Charter School, and designed by KSS Architects, represents an  important investment in educational facilities in the area.

Comp Sci High, currently under construction, is designed to accommodate 504 students from grades nine through 12 and is slated to open for the 2024-2025 school year. The development occupies the site of a former auto body shop and two abandoned residential properties. Construction is being managed by Kel-Mar Designs, the general contractor for the project.

 

When complete, the project will stand 73 feet tall across six stories and have a total of 45,979 square feet of interior space. It will offer 20 full-size classrooms, four half-size classrooms, a science lab, an art room, and a computer lab. Additionally, the building will feature a large multipurpose room, a gymnasium/cafeteria, and a double-height coworking space. Notably, it will also feature two outdoor classrooms on terraces.

The total project cost for Comp Sci High is estimated to be $47.5 million, which includes the purchase price for the site, which was $5.3 million. The property is situated near the East 143rd Street-St Mary’s Street station, serviced by the 6 train, and the Jackson Avenue station, serviced by the 2 and 5 trains.

MAYOR ADAMS RESTORES FUNDING TO KEEP CITY STREETS AND PARKS CLEAN, FIGHT RATS

Administration’s Measured, Responsible Fiscal Management Has Reduced Migrant Costs, Allowing for Select, Reasonable Funding Restorations 

Funding Will Maintain 23,000 Litter Baskets Across City and Parks Opportunity Program, Offering Paid Opportunities and Training to Thousands of Low-Income New Yorkers

New York City Mayor Eric Adams today announced that thanks to measures the city has implemented to responsibly manage the city’s budget and strategically navigate significant fiscal challenges, funding will be restored to maintain 23,000 New York City Department of Sanitation (DSNY) litter baskets and allow DSNY to continue installing its Litter Basket of the Future — one of TIME Magazine’s Best Inventions of 2023. Additionally, Mayor Adams announced that funding will be permanently restored for the New York City Department of Parks and Recreation (NYC Parks) and New York City Department of Social Services’ (DSS) Parks Opportunity Program (POP), which gives thousands of low-income New Yorkers six-month paid opportunities and training programs each year. POP workers help maintain and operate New York City parks and facilities, and the training they receive through the program prepares them for full-time NYC Parks job opportunities.

The funding restorations build on successful efforts by the Adams administration to keep city streets and public spaces clean for all New Yorkers to enjoy — with efforts to containerize 100 percent of the city’s garbage, drastically reduce the time trash bags sit on city streets, and target hot spots for cleaning and rat mitigation within city parks during evening hours. As a result, the administration is also winning its “War on Rats,” with rat sighting complaints down 20 percent in 2023 in rat mitigation zones, where the administration is deploying targeted and effective rat-reduction strategies. The restorations also follow targeted and effective steps taken by the Adams administration in the face of a $7 billion budget gap in Fiscal Year (FY) 2025 due to federal COVID-19 stimulus funding drying up, expenses from labor contracts this administration inherited being unresolved for years, and the growing costs of the asylum seeker crisis — steps that have included helping put migrants on the path to self-sufficiency and reducing per-diem costs for migrants. The restorations will be reflected in the FY25 Preliminary Budget, which will be presented next Tuesday, at the City Charter deadline.

“When we came into office, we made it clear: out with the mean streets and in with the clean streets, and today’s restoration into programs at the Sanitation Department and the Parks Department help us continue to make the right investments in our ‘Trash Revolution,’” said Mayor Adams. “We’re building a city where New Yorkers won’t have to dodge rats or tiptoe around mountains of smelly black bags anymore, but these measured and reasonable restorations can only be made by making the right financial decisions and implementing creative policies going forward. And while we can celebrate this good news today, we still have a massive budget gap to fill in the next fiscal year and need more support from our state and federal partners going forward.”

“The strength and character of our city is derived from our public spaces — our parks, pools, recreation centers, clean streets, and plazas. They are our oasis, away from our apartments and desks, where the collective experience and magic of our city happens,” said Deputy Mayor for Operations Meera Joshi. “We are grateful to all those who called and wrote and made their priorities known. Together, we will deliver a cleaner, greener New York.”

“There are 23,000 DSNY litter baskets across the city,” said DSNY Commissioner Jessica Tisch. “While we were prepared to remove 40 percent of them — over 9,000 baskets — in order to meet the crisis, this would have had a profound impact on the cleanliness of our neighborhoods, and we are grateful to instead be able to continue to ‘Get Stuff Clean.’”

“For 30 years, the Parks Opportunity Program has been instrumental in placing thousands of the most vulnerable New Yorkers into full time-employment,” said NYC Parks Commissioner Sue Donoghue. “We are incredibly grateful for the commitment from this administration to continue on this legacy of providing access to green jobs and job training.”

“Despite unprecedented fiscal constraints, this administration has worked to ensure that there is minimal impact on critical services for vulnerable communities, and preserving funding for vital programs like the Parks Opportunity Program which offers employment supports for low-income New Yorkers reiterates that commitment,” said DSS Commissioner Molly Wasow Park. “We look forward to working with our partner agencies at Parks and DSNY to continue to find ways to support New Yorkers in need through vital partnerships, which can help them achieve long-term stability.”

In August 2023, Mayor Adams laid out projections estimating the cost of the asylum seeker crisis to grow to more than $12 billion over three fiscal years — between FY23 and FY25 — if circumstances did not change. From April 2022 through December 2023, the city has already spent an estimated $3.5 billion on shelter and services for over 168,500 individuals who came through the city’s intake center during that timeframe. With sunsetting COVID-19 stimulus funding, slowing tax revenue growth, expenses from labor contracts this administration inherited being unresolved for years, and a lack of significant state or federal government action on the asylum seeker crisis, Mayor Adams took action — announcing a 5 percent Program to Eliminate the Gap (PEG) on city-funded spending for all city agencies with plans for additional rounds of PEGs in the Preliminary and Executive Budgets. And, through strong fiscal management that included implementing measures to reduce household per-diem costs and helping put migrants on the path to self-sufficiency, the city will achieve a reduction in city-funded asylum seeker spending on the migrant crisis, which will be detailed in the FY25 Preliminary Budget.

As a result of the administration’s policies, nearly 60 percent of the asylum seekers who came through the city’s intake center have left the city’s care and taken the next steps in their journeys. Through the Asylum Application Help Center and the city’s satellite sites, the city has helped submit more than 25,000 work authorization, temporary protected status, and asylum applications, moving asylum seekers that much closer to being able to legally work and be self-sufficient.

U.S. Marshals Arrest More Than 73,000 Fugitives in Fiscal Year 2023

 

The U.S. Marshals Service (USMS) arrested 73,362 fugitives (28,065 on federal and 45,297 on state and local warrants) in fiscal year (FY) 2023. On average, the agency arrested 293 fugitives per day (based on 250 operational days).

“The Justice Department is laser-focused on driving down violent crime by using data and intelligence to go after the individuals most responsible for it,” said Deputy Attorney General Lisa O. Monaco. “By arresting the nation’s most violent fugitives in communities with the highest violent crime rates, the U.S. Marshals Service is making our communities safer.”

“I am proud of the dedication displayed by the men and women of the U.S. Marshals Service, whose efforts continue to drive our mission forward,” said USMS Director Ronald Davis. “I cannot underscore enough, the importance of our partnerships with our state, local, federal, Tribal, and international agencies who are pivotal in accomplishing our collective achievements.”

FY 2023 Arrest Statistics:

• Sex offenders – 10,088 (Sex offenses include sexual assault, failure to register/noncompliance with the national sex offender registry, and other offenses.)
• Gang members – 3,496
• Homicide suspects – 5,447
• International/foreign fugitives – 1,487 (A foreign fugitive is wanted by a foreign nation and believed to be in the United States.)
• Organized Crime Drug Enforcement Task Forces (OCDETF) Program fugitives – 1,051 (OCDETF cases combine the resources and expertise of numerous federal agencies to target drug trafficking and money laundering organizations.)
• Adam Walsh Child Protection and Safety Act (AWA) violations – 287 (AWA categorizes sex offenders into a three-tiered system based on the crime committed and requires offenders to maintain their registration information accordingly. For example, Tier 3 offenders – the most serious – must update their whereabouts every three months with lifetime registration requirements.)
• “15 Most Wanted” fugitives – four

The USMS seized more than 4,731 firearms during numerous violence reduction and counter gang operations in FY 2023.

The total warrants cleared by USMS arrest: 86,388[1]

• State and local warrants – 57,280
• Federal warrants – 29,108

Major Operations

In January 2023, the USMS conducted Operation North Star II (ONS II), a 30-day initiative resulting in the arrest of 833 fugitives, violent criminals, sex offenders, and self-identified gang members in Albuquerque, New Mexico; Buffalo, New York; Cleveland; Columbus, Ohio; Detroit; Jackson, Mississippi; Kansas City, Missouri; Milwaukee; Oakland, California; and Puerto Rico. USMS used its broad arrest authority and network of task forces to arrest individuals wanted on charges including 95 for homicide and 68 for sexual assault. In addition, investigators seized 181 firearms, more than $229,000 in currency, and more than 160 kilograms of illegal narcotics.

From March to May 2023, the USMS, along with state and local agencies in 16 federal judicial districts and geographical locations across the United States, led a 10-week national operation that resulted in the recovery or safe location of 225 endangered missing children, which includes runaways and those abducted by non-custodial persons. Operation We Will Find You was a nationwide missing child operation focused on geographical areas with high clusters of critically missing children. With technical assistance from the National Center for Missing and Exploited Children, Operation We Will Find You resulted in the recovery of 169 children and the safe location of 56 children.

During the summer of 2023, the USMS conducted Operation North Star III (ONS III), arresting 4,455 fugitives. The operation targeted violent offenders in 20 cities and resulted in the clearance of 2,818 violent warrants, to include homicide, forcible sexual assault, robbery, aggravated assault, and firearms violations. During this three-month enforcement effort, investigators also seized 555 firearms, more than $1 million in U.S. currency, and 85 kilograms of illegal narcotics. The primary jurisdictions of ONS III were Albuquerque, New Mexico; Baltimore; Buffalo, New York; Chicago; Cleveland; Columbus, Ohio; Detroit; Houston; Indianapolis; Jackson, Mississippi; Kansas City, Missouri; Los Angeles; Memphis, Tennessee; Milwaukee; New Orleans; New York; Oakland, California; Philadelphia; Puerto Rico; and Washington, D.C.

The USMS Capital Area Regional Fugitive Task Force, District of Maryland, and Task Force partners conducted a large-scale, multi-agency law enforcement operation focused on apprehending violent fugitives and wanted gang members throughout the month of May 2023, arresting dozens of violent offenders throughout Maryland. Operation Washout resulted in a total of 95 fugitive arrests, including 17 suspects wanted for homicide, 16 wanted for attempted homicide, 19 wanted for robbery, and seven wanted for weapon-related offenses. Six validated gang members were among those arrested. Additionally, law enforcement seized 10 firearms, 72 pounds of marijuana, 78 grams of crack cocaine, six grams of heroin, and $3,200 in currency.

Notable Arrests in FY 2023

On Jan. 13, 2023, Michael Anthony Baltimore, 44, a fugitive on the USMS 15 Most Wanted list was arrested in Broward County, Florida, after he fled the scene of a bar fight. Baltimore was wanted by the Carlisle, Pennsylvania, Police Department and the USMS in the Middle District of Pennsylvania for homicide, assault, and parole violation charges. Baltimore is alleged to have shot to death Kendell Jerome Cook and injured another man at the GQ Barbershop on North Hanover Street in Carlisle on May 22, 2021. 

On Aug. 13, 2023, USMS personnel assisted in the manhunt and capture of Danilo Cavalcante, 34, who had escaped from a Pennsylvania prison days after being sentenced to life in prison without parole in the fatal stabbing of his ex-girlfriend. The manhunt went on for 14 days until he was caught near South Coventry Township, Pennsylvania.

On Aug. 29, 2023, the USMS, along with West Virginia State Police, Lewisburg Police Department, and Greenbrier County Sheriff’s Office, arrested Samuel Paul Hartman, 39, in Lewisburg, West Virginia. Hartman had escaped from an Arkansas prison facility in 2022, after being sentenced to life in prison in 2013 for sexually assaulting his 14-year-old stepdaughter. He escaped on a work detail in a field near the detention facility. Also taken into custody were Hartman’s wife, Misty Hartman, 39, his mother, Linda Annette White, 61, and White’s boyfriend, Rodney Trent, 52, of Lester, West Virginia. Both women are alleged to have helped Hartman escape using a pickup truck and jet skis. Trent faces felony charges for allegedly harboring a sex offender and for assisting the trio while on the run.

On May 10, 2023, the USMS-led Northern Ohio Violent Fugitive Task Force arrested Cherie Goss, 42, on charges of attempted first-degree murder. Goss was wanted by the Broward County Sheriff's Office in Fort Lauderdale, Florida, after charges were filed against her in early April. The USMS was able to track her to Stark County, Ohio, where she was arrested.

On Sept. 27, 2023, the USMS arrested Jason Billingsley, 32, a suspect in the murder of tech CEO Pava LaPere, 26. Billingsley, a convicted felon and registered sex offender, was taken into custody near Bowie, Maryland, with the assistance of local law enforcement agencies.

On Sept. 27, 2023, the USMS North Star Fugitive Task Force, Dakota County Sheriff’s SWAT, and the Minnesota Department of Corrections arrested Kevin Lamarr Mason, 28, after he had been erroneously released from the Marion County Jail in Indiana on Sept. 13 on a clerical mistake. The prisoner release created a massive manhunt stretching nationwide and eventually back to where he was wanted in Minnesota.

Finding Missing Children

In FY 2023, the USMS assisted in the location or recovery of 495 missing children. Since the passage of the Justice for Victims of Trafficking Act, the USMS has contributed to the location or recovery of more than 3,248 missing children.

Additional information about the USMS can be found at www.usmarshals.gov.

[1] The number of warrants cleared nearly always exceeds the number of arrests in a given year because fugitives are often wanted on numerous warrants, and a single arrest can clear them all at once.

United States and California Announce Diesel Engine Manufacturer Cummins Inc. Agrees to Pay a Record $1.675 Billion Civil Penalty in Vehicle Test Cheating Settlement

 

The Justice Department, Environmental Protection Agency (EPA), California Air Resources Board (CARB) and California Attorney General’s Office today released the details of a proposed settlement with diesel engine maker Cummins Inc. for alleged violations of the Clean Air Act and California law. Beyond agreeing to pay a $1.675 billion civil penalty – the largest ever assessed in a Clean Air Act case – Cummins has agreed to spend more than $325 million to remedy the violations, which included the use of software “defeat devices” that circumvented emissions testing and certification requirements.

Under the settlement, Cummins must complete a nationwide vehicle recall to repair and replace the engine control software in more than 600,000 RAM 2500 and RAM 3500 pickup trucks equipped with the company’s diesel engines. Cummins will also extend the warranty period for certain parts in the repaired vehicles, fund and perform projects to mitigate excess ozone-creating nitrogen oxides (NOx) emitted from the vehicles and employ new internal procedures designed to prevent future emissions cheating. In total, the settlement is valued at more than $2 billion.

NOx pollution contributes to the formation of harmful smog and fine particulate matter in air. Children, older adults, people who are active outdoors and people with heart or lung diseases are particularly at risk for health effects related to smog or particulate matter exposure. Nitrogen dioxide formed by NOx emissions can aggravate respiratory diseases, particularly asthma, and may also contribute to asthma development in children. 

“The Justice Department is committed to vigorously enforcing environmental laws that protect the American people from harmful pollutants,” said Attorney General Merrick B. Garland.  “The types of devices we allege that Cummins installed in its engines to cheat federal environmental laws have a significant and harmful impact on people’s health and safety. This historic agreement makes clear that the Justice Department will be aggressive in its efforts to hold accountable those who seek to profit at the expense of people’s health and safety.”

“Today’s agreement, which includes the largest-ever Clean Air Act civil penalty, stands as notice to manufacturers that they must comply with our nation’s laws, which protect human health and the health of our environment,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We appreciate the work of our partners, the EPA and the State of California, in helping us reach this significant settlement.”

“Today’s landmark settlement is another example of the Biden-Harris administration working to ensure communities across the United States, especially those that have long been overburdened by pollution, are breathing cleaner air,” said EPA Administrator Michael Regan. “Today we‘ve reaffirmed that EPA’s enforcement program will hold companies accountable for cheating to evade laws that protect public health.”

“Cummins installed illegal defeat devices on more than 600,000 RAM pickup trucks, which exposed overburdened communities across America to harmful air pollution,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance. “This record-breaking Clean Air Act penalty demonstrates that EPA is committed to holding polluters accountable and ensuring that companies pay a steep price when they break the law.” 

“Cummins knowingly harmed people’s health and our environment when they skirted state emissions tests and requirements,” said California Attorney General Rob Bonta. “Today’s settlement sends a clear message: If you break the law, we will hold you accountable. I want to thank our federal and state partners for their collective work on this settlement that will safeguard public health and protect consumers across the country.”

“The collaboration between California and its federal partners makes it clear that companies will be held accountable for violating essential environmental laws that are in place to provide the clean air that communities across California and the nation want and deserve,” said CARB Executive Officer Dr. Steven Cliff. “California’s air quality regulations protect public health and are backed by a world-class emissions testing laboratory that ensures CARB’s enforcement efforts are rigorously supported with data and science, which CARB was pleased to contribute to this landmark case.” 

Background

As in prior cases against other manufacturers, EPA discovered defeat devices in Cummins engines used in RAM pickup trucks through testing at the agency’s National Vehicle and Fuel Emissions Laboratory. That testing of RAM trucks was done as follow-up on a 2015 EPA warning to manufacturers that the agency planned to conduct special testing to identify defeat devices using driving cycles and conditions that were non-standard, but still reflected normal vehicle operation and use.

The terms of the proposed settlement with Cummins are spelled out in two consent decrees that the United States and California filed today with the U.S. District Court for the District of Columbia. In a related set of complaints filed today, the United States and California allege that nearly a million model year 2013-2023 RAM 2500 and RAM 3500 pickup trucks with Cummins diesel engines utilized undisclosed engine control software features, and more than 630,000 of those trucks made in model years 2013-2019 had illegal emissions control software defeat device features. Those software defeat devices helped the trucks pass standard EPA emissions tests, but they artificially reduced the effectiveness of the emission controls – and increased NOx emissions – during normal driving outside of the standard test conditions. 

Recall and Repair Program

Cummins sought all EPA and CARB emission certifications for the RAM trucks equipped with its engines, even though the trucks were sold by the RAM truck division of Fiat Chrysler and its dealers. The settlement requires Cummins to work with Fiat Chrysler and its dealers on a vehicle recall and repair program that will remove all defeat devices from the affected 2013-2019 RAM trucks free of charge and bring the vehicles into compliance with applicable emissions standards under the Clean Air Act. The repair only involves software updates. Cummins has already started the recall and repair program required by the settlement.

Cummins must repair at least 85% of the 2013-2019 RAM trucks equipped with defeat devices within three years. The company must offer a special extended warranty covering emission control system parts on 2013-2019 RAM trucks that receive the replacement software. Cummins also must test some of the repaired trucks over a number of years to ensure that the trucks continue to meet emissions standards over time. 

Mitigation Programs

As another requirement of the settlement, Cummins must fully offset the excess NOx emissions from the 2013-2019 RAM trucks that were equipped with defeat devices. For California, Cummins will make a lump sum payment to CARB of slightly more than $175 million to fund mitigation actions or projects that reduce NOx emissions in California through CARB mitigation programs. For the rest of the country, Cummins will secure offsetting NOx reductions by working with railroad locomotive owners on two types of locomotive emission reduction projects. First, Cummins will finance and ensure the replacement of 27 old, high-emitting diesel locomotive engines with new, low-emitting diesel or electric engines. Second, Cummins will fund and complete 50 projects that will reduce idling time for diesel-powered switch locomotives to reduce fuel usage and emissions of NOx, particulate matter, volatile organic compounds and carbon dioxide. 

Public Information and Public Comment

This EPA website offers additional information concerning the settlement:

https://www.epa.gov/enforcement/2024-cummins-inc-vehicle-emission-control-violations-settlement.

The complaints and the proposed consent decrees in the related cases filed by the Justice Department’s Environment Enforcement Section and the State of California can be viewed on the Justice Department’s website at www.justice.gov/enrd/consent-decrees. The proposed consent decree in the case filed by the United States is subject to a 30-day public comment period.

Attorney General James Leads Multistate Coalition to Stop Sales of Military-Grade Ammunition Used in Mass Shootings

 

Federally Funded Factory Produced Ammunition Used at Tops Supermarket Shooting in Buffalo and Other Recent Mass Shootings

New York Attorney General Letitia James led a multistate coalition of 20 attorneys general calling on the White House Office of Gun Violence Prevention to investigate recent reports that a federally funded contractor has produced military-grade ammunition for sale to civilians, including to perpetrators of horrific recent mass shootings. Attorney General James and the coalition sent a letter asking the Office to investigate how a facility overseen by the U.S. Army, Lake City Army Ammunition Plant (Lake City), produced billions of rounds of ammunition that were sold on the civilian market, and asked the Office to ensure that future military production contracts prohibit the sale of military-subsidized weapons and ammunition to civilians.

“Military-grade weapons and ammunition do not belong in our homes or in our communities,” said Attorney General James. “Ammunition made at Lake City has been used to kill American civilians in devastating recent mass shootings, including the Tops Supermarket massacre in Buffalo. The continued sale of this ammunition on the private market puts everyone at risk. I’m proud to join with my fellow attorneys general to raise this important issue and help ensure that weapons of war don’t make their way onto our streets.” 

Lake City is a manufacturing facility operated by a private contractor and overseen by the U.S. Army. It is one of the country’s largest manufacturers of military ammunition, able to produce some 1.6 billion rounds of ammunition per year, much of it for use in AR-15-style rifles. Its commercial operations have sold billions of rounds onto the civilian market, and recent reporting from the New York Times has shown its products have been used in mass shootings and other crimes.

The coalition of attorneys general notes that Lake City rounds have become the “ammunition of choice” for use in mass shootings, citing shootings at Tops supermarket in Buffalo, New York, Marjory Stoneman Douglas High School in Parkland, Florida, the Tree of Life Synagogue in Pittsburgh, Pennsylvania, and Robb Elementary School in Uvalde, Texas, as recent examples where Lake City rounds were used. The Buffalo mass shooter even praised Lake City ammunition as “the best barrier penetration ammo I can get.” 

The federal government has invested over $860 million to improve production at Lake City, meaning taxpayer funds are subsidizing production of these dangerous rounds sold to civilians. The coalition led by Attorney General James is calling on the White House of Gun Violence Prevention to investigate the contracting and manufacturing practices that led to military-grade rounds being sold to civilians, issue a public report with recommendations about how to keep military ammunition out of civilian hands, and take steps over the long term to ensure that future production contracts prohibit the sale of military weapons and ammunition to civilians.

Joining Attorney General James in sending the letter to the White House are the attorneys general of Arizona, California, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia. 

Attorney General James has consistently taken action to stop gun violence and protect communities by limiting the spread of dangerous weapons. Earlier in December, Attorney General James led a multistate coalition of attorneys general supporting a new ATF rule to limit unlicensed gun sales. In November, Attorney General James successfully defended against Second Amendment challenges in six cases in the New York State Court of Appeals involving gun possession charges. In May, Attorney General James sued a gun accessory manufacturer that aided the Buffalo mass shooter. In April, Attorney General James took action to remove more than 3,000 guns off New York’s streets in a single day through the first-ever statewide gun buyback program. In March, Attorney General James and the New York Drug Enforcement Task Force took down a firearm and drug trafficking operation that illegally sold guns, including ghost guns and assault weapons, in New York City. Also in March, Attorney General James secured a court order banning 10 gun distributors from selling and shipping ghost gun parts into New York. In June 2022, Attorney General James sued 10 national gun distributors for bringing ghost gun parts into New York.