[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2759-2760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00558]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act and the Federal Debt Collection Procedures Act
On January 10, 2020, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Middle
District of Florida in the lawsuit entitled United States of America v.
Punch It Performance and Tuning, et al., Civil Action No. 6:19-cv-
01115-RBD-EJK.
The Complaint in this Clean Air Act (``CAA'') case was filed
against Punch It Performance and Tuning LLC; D N S Enterprises of
Florida, Inc.; REI Research Group, Inc.; Michael Paul Schimmack;
Vanessa Schimmack; and Lori Brown (``Defendants'') on June 14, 2019.
The Complaint alleges civil violations of the CAA, and the fraudulent
transfer of assets under the Federal Debt Collection and Procedures Act
(``FDCPA''). Specifically, the Complaint alleges that certain
Defendants manufactured and sold devices that defeat motor vehicle
emission controls that are illegal under Section the CAA. The Complaint
further alleges that, after the Defendants learned of federal
enforcement efforts, assets were fraudulently transferred from two of
the companies to Michael Paul Schimmack, Vanessa Schimmack, and Lori
Brown in violation of the FDCPA.
Under the proposed Consent Decree, the Defendants (1) will pay, in
three installments over one year, $850,000 in civil penalties, (2) are
prohibited from manufacturing or selling products in violation of the
CAA, tampering with a vehicle's emission control system, providing
technical support for products that have already been sold in violation
of the CAA, and transferring any intellectual property that could be
used to manufacture defeat devices and (3) must periodically submit
compliance reports and reports on their future involvement in the
automotive industry. Both the payment schedule and the amount of civil
penalties reflect Defendants' documented limited financial ability to
pay.
The Publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States of America v. Punch It Performance
and Tuning, et al., D.J. Ref. No. 90-5-2-1-11965. Comments may be
submitted by either email or by mail:
[[Page 2760]]
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ-ENRD, P.O. Box 7611,
Washington, DC, 20044-7611.
------------------------------------------------------------------------
During the public comment period, the proposed Consent Decree may
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the proposed Consent Decree upon written request and payment of
reproduction costs. Please mail your request and payment to: Consent
Decree Library, U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
Please enclose a check or money order for $9.00 (25 cents per page
reproduction cost) payable to the United States Treasury.
Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2020-00558 Filed 1-15-20; 8:45 am]
BILLING CODE 4410-15-P