[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]


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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]]



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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ-ENRD, P.O. Box 7611,
                                       Washington, DC, 20044-7611.
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    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