(MICHIGAN) Justice Dept Report: Two Senior Managers in Italy Charged with Conspiracy to Cheat U.S. Emissions Tests and Defraud U.S. Consumers #AceNewsDesk report

#AceNewsReport – Apr.21: According to court documents, Sergio Pasini, 43, of Ferrera, Italy, and Gianluca Sabbioni, 55, of Sala Bolognese, Italy, two senior diesel managers at Fiat Chrysler Automobiles Italy S.p.A. (FCA Italy), a wholly owned subsidiary of Stellantis N.V. — along with a previously charged co-conspirator, Emanuele Palma, 42, of Bloomfield Hills, Michigan — were responsible for developing and calibrating the 3.0-liter diesel engine used in certain FCA diesel vehicles.

‘An indictment was unsealed today in the Eastern District of Michigan charging two Italian nationals, along with a previously charged co-conspirator, for their alleged role in a conspiracy to defraud U.S. regulators and customers by making false and misleading statements about the emissions controls and fuel efficiency of more than 100,000 diesel vehicles sold in the United States by FCA US LLC: Their responsibilities included calibrating several software features in the vehicles’ emissions control systems to meet emissions standards for nitrogen oxides (NOx), a family of poisonous gases that are formed when diesel fuels are burned at high temperatures, while also achieving best-in-class fuel efficiency targets set by FCA US LLC’

The superseding indictment alleges that Palma, Pasini, Sabbioni, and their co-conspirators, purposely calibrated the emissions control functions to produce lower NOx emissions under conditions when the subject vehicles would be undergoing testing on the federal test procedures or driving “cycles,” and higher NOx emissions under conditions when the subject vehicles would be driven in the real world. Palma, Pasini, Sabbioni, and their co-conspirators allegedly referred to the manner in which they manipulated one method of emissions control as “cycle beating.” As alleged, by calibrating the emissions control functions on the subject vehicles to produce lower NOx emissions while the vehicles were on the driving “cycle,” and higher NOx emissions when the vehicles were off the driving “cycle,” or “off cycle,” the three defendants purposely misled FCA’s regulators by making it appear that the subject vehicles were producing less NOx emissions than they were, i.e., in real world driving conditions. Palma, Pasini, and Sabbioni also allegedly made and caused others to make false and misleading representations to FCA’s regulators about the emissions control functions of the subject vehicles in order to ensure that FCA obtained regulatory approval to sell the subject vehicles in the United States. 

The superseding indictment also alleges that Palma, Pasini, and Sabbioni employed “cycle beating” to achieve best-in-class fuel efficiency and make the subject vehicles more attractive to FCA’s potential customers, i.e., by increasing fuel economy and reducing the frequency of a required emissions control system service interval. The superseding indictment alleges that the co-conspirators understood their “cycle beating” calibration would harm consumers who purchased the vehicle, leading them to acknowledge that “there will always be the unlucky customer who will have the misfortune of using our loser cal[ibration].” 

Pasini and Sabbioni are each charged with one count of conspiracy to defraud the United States and to violate the Clean Air Act, one count of conspiracy to commit wire fraud, and six counts of violating the Clean Air Act. If convicted, Pasini and Sabbioni each face up to five years in prison on the conspiracy count to defraud the United States and to violate the Clean Air Act, up to 20 years in prison on the conspiracy count to commit wire fraud, and up to two years in prison for each count of violating the Clean Air Act. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Palma is charged with one count of conspiracy to defraud the United States and to violate the Clean Air Act, one count of conspiracy to commit wire fraud, six counts of violating the Clean Air Act, and two counts of making false statements to representatives of the FBI and the U.S. Environmental Protection Agency’s Criminal Investigation Division (EPA-CID). If convicted, Palma faces up to five years in prison on the conspiracy count to defraud the United States and to violate the Clean Air Act, up to 20 years in prison on the conspiracy count to commit wire fraud, up to two years in prison for each count of violating the Clean Air Act, and up to five years in prison for each count of making false statements. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Principal Deputy Assistant Attorney General Kevin O. Driscoll of the Justice Department’s Criminal Division; Acting U.S. Attorney Saima S. Mohsin of the U.S Attorney’s Office for the Eastern District of Michigan; Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division (ENRD); Special Agent in Charge Timothy Waters of the FBI’s Detroit Field Office; and Special Agent in Charge Lance Ehrig of the EPA-CID’s West-Central Region made the announcement.

Principal Assistant Chief Henry P. Van Dyck and Trial Attorneys Kyle W. Maurer and Jason M. Covert of the Criminal Division’s Fraud Section, ENRD Senior Trial Attorney Todd W. Gleason, and Assistant U.S. Attorneys John K. Neal and Timothy J. Wyse for the Eastern District of Michigan are prosecuting the case.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

#AceNewsDesk report ………Published: Apr.21: 2021:

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#doj, #emissions, #italy, #michigan

NYC: ‘ Outbreak of Legionnaires disease claims a number of peoples lives ‘

#AceNewsReport – NEW YORK:Aug.05: An outbreak known as Legionnaire’s disease has now claimed the lives of seven people in New York City, as well as one woman in Michigan, ABC News reported.

Eighty-six people have been infected in total in NYC, 64 of whom had to be hospitalized. The illness infects people when they breathe in air contaminated with bacteria that has taken hold in places such as plumbing and cooling systems.

NYC Mayor Bill de Blasio said Tuesday that officials believe they have found the likely source of the disease in one of five cooling towers in the Bronx that tested positive for the bacteria.

@AceNewsServices

Ace Worldwide News

#legionnaires-disease, #michigan, #new-york-city, #nyc-mayor-bill-de-blasio

MICHIGAN: ‘ FIFTEEN YEAR OLD GIRL ACCUSED OF STABBING BROTHER WAS PART OF PLOT TO KILL FAMILY ‘

#AceWorldNews – MICHIGAN – A 15-year-old suburban Detroit girl accused of stabbing her younger brother was part of a plot to kill her family so that she could run off with a 23-year-old man was ordered held on $1 million bond Thursday.

The girl, who is facing adult charges of assault with intent to murder and conspiracy to commit murder in last Friday’s attack, wore a red jail jumpsuit at her hearing, which her parents attended.

Michael Rivera, who prosecutors and the girl’s parents describe as her boyfriend, was ordered held on $1 million bond Sunday.

He faces the same charges as the girl, plus a felonious assault charge.

SOURCE: 

#ANS2014

#detroit, #michigan

‘ Obama’s Legal Loophole Allows Half of Great Lakes Water to be Sold Off to China ‘

#AceNewsServices – UNITED STATES ( Michigan) – October 12 – In Traverse City two of the Great Lakes have hit their lowest water levels ever recorded, the U.S. Army Corps of Engineers have said, capping more than a decade of below-normal rain and snowfall and higher temperatures that boost evaporation.

This was reported by Western Journalism on 10 December 2013.

Measurements taken last month show Lake Huron and Lake Michigan have reached their lowest ebb since record keeping began in 1918, and the lakes could set additional records over the next few months, the corps said.

The lakes were 29 inches below their long-term average and had declined 17 inches since January 2012.

The other Great Lakes — Superior, Erie and Ontario — were also well below average.

“We’re in an extreme situation,” said Keith Kompoltowicz, watershed hydrology chief for the corps district office in Detroit.

The low water has caused heavy economic losses by forcing cargo ships to carry lighter loads, leaving boat docks high and dry, and damaging fish-spawning areas. And vegetation has sprung up in newly exposed shoreline bottomlands, a turnoff for hotel customers who prefer sandy beaches.

The corps’ report came as shippers pleaded with Congress for more money to dredge ever-shallower harbours and channels. Shippers are taxed to support a harbour maintenance fund, but only about half of the revenue is spent on dredging.

The remainder is diverted to the treasury for other purposes.

Legislation to change that policy is pending before Congress.

“Plunging water levels are beyond anyone’s control, but the dredging crisis is man-made,” said James Weakley, president of the Cleveland-based Lake Carriers’ Association.

Kompoltowicz said the Army corps might reconsider a long-debated proposal to place structures in a river to reduce the flow of water away from Lakes Huron and Lake Michigan, which are connected.

Scientists say lake levels are cyclical and controlled mostly by nature. They began a steep decline in the late 1990s and have usually lagged well below their historical averages since then.

But studies have shown that Huron and Michigan fell by 10 to 16 inches because of dredging over the years to deepen the navigational channel in the St. Clair River, most recently in the 1960’s.

Dredging of the river, which is on the south end of Lake Huron, accelerated the flow of water southward from the two lakes toward Lake Erie and Lake Ontario, and eventually into the Atlantic Ocean.

Groups representing shoreline property owners, primarily in Lake Huron’s Georgian Bay, have demanded action to slow the Lake Huron and Michigan outflow to make up for losses that resulted from dredging, which they contend are even greater than officials have acknowledged.

Although the Army corps produced a list of water-slowing options in 1972, including miniature dams and sills that resemble speed bumps along the river bottom, nothing was done because the lakes were in a period of above-average levels that lasted nearly three decades, Kompoltowicz said.

The corps has congressional authorization to take action but would need money for an updated study as a first step, he said.

The Detroit office is considering a funding request, but it would have to compete with other projects nationwide and couldn’t get into the budget before 2015.

“It’s no guarantee that we’re going to get it, especially in this budget climate,” Kompoltowicz said. “But there are serious impacts to navigation and shoreline property owners from this extreme event. It’s time to revisit this.”

Scientists and engineers convened by the International Joint Commission, a U.S.-Canadian agency that deals with shared waterways, issued reports in 2009 and last year that did not endorse trying to regulate the Great Lakes by placing structures at choke points such as the St. Clair River.

Roger Gauthier, a retired staff hydrologist with the Army corps, said a series of “speed bumps” could be put in the river at a reasonable cost within a few years.

Without such measures, he warned, “it would take years of consistent rain” to return Lake Michigan and Lake Huron to normal.

Download PDF: 

Source: 

#ANS2014

#great-lakes, #lake-huron, #lake-michigan, #michigan, #st-clair-river, #united-states

` Michigan’s Ban on `Same Sex-Marriage ‘ is Ruled is Unconstitutional ‘

#AceWorldNews – MICHIGAN – March 21 – A federal judge struck down on Friday Michigan’s ban on same-sex marriage, saying the law passed by voters a decade ago is unconstitutional. US district court Judge Bernard Friedman’s ruling, however, does not make clear whether the state can file an appeal.

Nor is it clear whether marriages can begin immediately, given the timing of the decision came after most county clerk offices in the state were closed.

Seventeen states and the District of Columbia have legalized same-sex marriage.

Since December, bans on gay marriage have been overturned in Texas, Utah, Oklahoma, and Virginia, though appeals to those decisions have put the cases on hold.

#ANS2014

#district-of-columbia, #michigan, #oklahoma, #texas, #us, #utah, #virginia