This joint investigation with the South Carolina Law Enforcement Division was predicated as a result of a request for assistance from the SCDMV following their discovery that Ms. Poston aided several individuals in the creation of false CDL test scores, knowledge and road test scores, and operational enhancements, such as hazardous materials and passenger endorsements, by entering false information into the SCDMV databases.  OIG and SCDMV conducted a historical review of the driver history records system which identified 19 drivers with suspicious or unverifiable credentials dating back to 2004.  Ms. Poston confessed to her role in the issuance of 19 CDLs and 13 drivers admitted to obtaining their CDLs or endorsements fraudulently.  SCDMV officials instituted administrative revocations of those drivers’ credentials and offered re-examinations of all drivers believed to be the recipient of fraudulent CDLs.  Ms. Poston was subsequently terminated from her position.

In October 2011, Mr. Belovs, a truck driver responsible for a crash that killed one and injured several others, pled guilty to 15 false statement counts.  Mr. Belovs admitted to falsifying his Federal Motor Carrier Safety Administration (FMCSA) regulated logbooks to conceal the fact that he drove in excess of the allowable driving hours without the required period of rest.  The federal charges are related to an accident on US 76 in Philadelphia, Pennsylvania, in which one person died and five others were seriously injured when Mr. Belovs’ truck plowed into stopped traffic.  

Mr. Belovs previously pled guilty to various state charges including one count of vehicular homicide.  OIG analysis of Mr. Belovs’ regulated driver logbooks revealed that he was driving in excess of FMCSA maximum hours of operating a commercial vehicle at the time of the accident. 

The truck’s owner, Victor Kalinitchll, was previously sentenced on state charges, as was Joseph Jadczak, who admitted to selling inspection stickers to Mr. Kalinitchll without inspecting the truck that plunged into stopped traffic.

The investigation was conducted jointly with the Montgomery County District Attorney’s Office and the Pennsylvania State Police.  FMCSA assisted with the investigation. 

In 2003, based on information from the Federal Motor Carrier Safety Administration (FMCSA), OIG and the Federal Bureau of Investigation (FBI) began investigating owners and employees of NMN and AY Transport.  As part of its daily business practice, NMN booked moves nationwide and then referred a majority of the moves to AY Transport for the transportation of the household goods.  Mr. Sariol provided inaccurate moving estimates to NMN customers and then took a deposit.

OIG has been investigating this case jointly with the FBI and Internal Revenue Service, with assistance from FMCSA.

The investigation disclosed that during 2004 and 2005, Mr. Gill submitted applications for motor carrier broker licenses to the Federal Motor Carrier Safety Administration (FMCSA), using false names, social security numbers, and driver’s license numbers.  Additionally, between 2002 and 2005, Mr. Gill used Internet-based “loadposting” boards to find freight loads that were available for transport and would offer to transport those loads for a fixed price.  He would then re-post those loads on the same or different web sites, acting as a broker, to find another trucking company willing to transport the freight.  In over 100 instances, Mr. Gill found trucking companies to deliver the freight, allowed them to make the deliveries, and then received payment from the original brokers who believed Mr. Gill had completed the deliveries himself. Mr. Gill then refused to pay the trucking companies who actually transported the freight, keeping the money for himself.  In 2006, OIG agents executed a search warrant at an interstate broker business and interstate motor carrier owned and operated by Mr. Gill.  During the search, Mr. Gill was arrested on charges related to his defrauding motor carriers and he was subsequently indicted on five counts of wire fraud.  In 2007, OIG determined that Mr. Gill continued his scheme in the exact same manner, even after having been previously indicted.  Additional charges against Mr. Gill were subsequently added in a superseding Indictment. 

OIG conducted this investigation, with assistance provided by FMCSA.

USAO, Eastern District of California- Press Release

Mr. Landis further admitted that he and his company routinely disregarded FMCSA regulations by allowing, encouraging, and causing commercial truck drivers employed by D.A. Landis Trucking, Inc., to operate in violation of FMCSA “hours of service” safety regulations.  Mr. Landis instructed employees of the company to prepare two sets of driver’s logs, one of which was false and intended for FMCSA inspectors to conceal violations of safety regulations.  D.A. Landis Trucking, Inc., also dispatched company drivers on trips they knew required excessive hours of driving time and excessive hours of “on-duty” time, without allowing the required hours of rest or regulated “off-duty” time.  During the execution of a search warrant of the company, federal agents seized numerous logbooks and documents marked “Not For DOT”. 

The logbook investigation revealed that Mr. Landis also participated in a scheme in which DA Landis Trucking, Inc., transported adulterated milk not fit for human consumption to a New Jersey cheese manufacturer.  On March 12, 2012, the United States Attorney’s Office filed a one-count information charging the Lebanon Cheese Company and owner Joseph Lotito with using condemned milk that tested positive for unacceptable levels of bacteria and antibiotics in the production of consumer food products.  Mr. Landis knowingly sold and transported the condemned milk to Lebanon Cheese who, in turn, knowingly used the milk in the production of cheese products.  Knowing the milk was condemned, Mr. Landis illicitly sold the product at a discounted rate and profited nearly $30,000.  

This investigation was worked jointly with the Food and Drug Administration’s Office of Criminal Investigation, with assistance from FMCSA. 

USAO, Eastern District of Pennsylvania – Press Release

The information alleges Mr. Brylski falsified driver’s duty status logs for the purpose of concealing from the Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA), the number of hours driven as required by Federal Motor Carrier Safety Regulations.  These regulations limit the number of hours a truck driver can operate a vehicle in order to prevent motor vehicle accidents caused by driver fatigue.  Accordingly, truck drivers are required to record their duty status on logs to ensure they do not exceed the maximum number of allowable driving hours, and that they receive sufficient rest before driving again.  Our investigation disclosed Mr. Brylski falsified such logs as a safety consultant to Mabe Trucking Company, Inc., (Mabe) located in Eden, North Carolina, to assist Mabe in passing a federal inspection by the FMCSA.  Sentencing for Mr. Brylski is scheduled for June 15, 2012. 

This investigation was conducted jointly with assistance from FMCSA. 

USAO, Middle District of North Carolina – Press Release

Our investigation revealed Ms. Blyth used the internet to access web sites where senders advertised loads of commercial freight which were available for transport.  Allegedly, she bid on loads of freight using the names of her various companies which are listed as having broker authority with FMCSA, would be awarded the bids, and led the sender to believe her trucking business would deliver the freight for the contracted price.  The sender of the freight would send Blyth payment for the agreed upon price.  However, after accepting the bid to deliver the load of freight, she would immediately re-advertise the job on the internet, using a different company name.   She accepted bids from legitimate trucking companies to ship the freight from the sender to the intended destination, never disclosing that  she had already arranged for the sender to deliver payment to her.     

This investigation was worked jointly with the Decatur County Sheriff’s Office, Decatur, Georgia. 

Note:  Indictments, informations, and criminal complaints are only accusations by the Government.  All defendants are presumed innocent unless and until proven guilty.

In 2008 and 2009, Mr. Danner supplied drivers for a federally-funded Minnesota highway reconstruction project and was required to pay a minimum truck rental rate to the drivers.  The investigation determined that Mr. Danner underpaid the drivers more than $185,000 in back wages.  A settlement was reached which required Mr. Danner to pay the back wages to the drivers.  Shortly after, Mr. Danner informed certain drivers that the money did not belong to them and that they were required to return the money to Mr. Danner once they received the money from MnDOT.  From March through May 2010, many of the drivers wrote checks to Mr. Danner, Inc. and Bulldog Leasing, Inc. as directed by the defendant and through his office manager.  Mr. Danner failed to disclose and affirmatively concealed these repayments to MnDOT. 

This investigation was conducted jointly with the MnDOT Labor Compliance Unit, Federal Bureau of Investigation and the U.S. Attorney’s Office.

USAO, Minnesota – Press Release

According to the information, the defendants routinely disregarded Federal Motor Carrier Safety Administration (FMCSA) regulations by allowing, encouraging, and causing commercial truck drivers employed by D.A. Landis, Inc. to operate in violation of FMCSA “hours of service” safety regulations.  It is alleged that defendants instructed employees of the company to prepare two sets of driver’s logs, one of which was false and intended for FMCSA inspectors to conceal violations of safety regulations.  Drivers were allegedly instructed to complete false “Daily Trip Sheets” in which the drivers falsely entered on-duty and off-duty times and falsely certified to the truthfulness and accuracy of the logbook entries.  It is also alleged that the defendants dispatched company drivers on trips they knew required excessive hours of driving time and excessive hours of “on-duty” time, without allowing the required hours of rest or regulated “off-duty” time.  During the execution of a search warrant of the company,  federal agents seized numerous business records to include an extensive collection of logbooks and documents marked “Not For DOT”.  

Note:  Indictments, informations, and criminal complaints are only accusations by the Government.  All defendants are presumed innocent unless and until proven guilty.

USAO, Eastern District of Pennsylvania – Press Release