Plea Agreement — United States v. Hardway Solutions, LLC D/b/a Hardway Performance (Dkt. 78, E.D. Wash.)

Summary

Hardway Solutions, LLC, doing business as Hardway Performance, agreed to plead guilty to Count 1 of the April 17, 2024 indictment in Case No. 2:24-CR-00057-TOR in the Eastern District of Washington, conspiracy to violate the Clean Air Act; the agreement was filed October 24, 2024. The company faces up to 5 years of probation, a fine of up to $500,000, restitution and a $400 special assessment. The stipulated facts say the Florida company, acting through Ryan Hugh Milliken, provided custom engine tuning software for diesel trucks, including for Spokane trucking businesses run by Pavel Ivanovich Turlak, against the background of the emissions controls the Clean Air Act requires.

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Case 2:24-cr-00057-TOR ECF No. 78 _ filed 10/24/24 PagelD.307 Page 1of

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IN THE US. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

OCT 24 2024

N F. McAVOY, CLERK
Unite a dice SPOKANE. WASHINGTON

United States Attorney

Eastern District of Washington

Dan Fruchter

Jacob E. Brooks

Assistant United States Attorneys
Gwendolyn Russell

Special Assistant United States Attorney
Post Office Box 1494

Spokane, WA 99210-1494

Telephone: (509) 353-2767

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WASHINGTON

UNITED STATES OF AMERICA, 2:24-CR-00057-TOR
Plaintiff,
PLEA AGREEMENT

VS.

HARDWAY SOLUTIONS, LLC d/b/a
HARDWAY PERFORMANCE,

Defendant.

Plaintiff, United States of America, by and through Vanessa R. Waldref, United
States Attorney for the Eastern District of Washington and Dan Fruchter and Jacob E.
Brooks, Assistant United States Attorneys, and Gwendolyn Russell, Special Assistant
United States Attorney, and Defendant HARDWAY SOLUTIONS, LLC d/b/a
HARDWAY PERFORMANCE (hereinafter “Defendant”) and Defendant’s counsel,
Stewart D. Cables and Andrew M. Wagley, agree to the following Plea Agreement:

1. Guilty Pleas and Maximum Statutory Penalties:

Defendant agrees to plead guilty to Count 1 of the Indictment returned by the
Grand Jury on April 17, 2024, charging Defendant with Conspiracy to Violate the Clean

Plea Agreement- 1 of 22

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! Air Act, in violation of 18 U.S.C. § 371, 42 U.S.C. § 7413(c)(2)(C), a Class D felony.

Defendant understands that the following potential penalties apply:
(a) not more than a 5-year term of probation;

(b) a fine not to exceed $500,000;

(c) restitution; and

(d) a$400 special penalty assessment.

The Court is Not.a Parti
The Court is not a party to this Plea Agreement and may accept or reject it.

y to the Apréément:

Defendant acknowledges that no promises of any type have been made to Defendant
with respect to the sentence the Court will impose in this matter.
Defendant understands the following:
a. sentencing is a matter solely within the discretion of the Court;
b. the Court is under no obligation to accept any recommendations
made by the United States or Defendant,
c. the Court will obtain an independent report and sentencing
recommendation from the United States Probation Office;
d. the Court may exercise its discretion to impose any sentence it
deems appropriate, up to the statutory maximum penalties;
e. the Court is required to consider the applicable range set forth in the
United States Sentencing Guidelines, but may depart upward or |
downward under certain circumstances; and
f. the Court may reject recommendations made by the United States or
Defendant, and that will not be a basis for Defendant to withdraw
from this Plea Agreement or Defendant’s guilty plea.

"Plea Agreement- 2 of 22


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|
3. pbfendant HARDWAY SOLUTIONS, LLG d/b/a HARDWAY
PERFORMANCE Organization | .
Defendant. HARDWAY SOLUTIONS, LLC d/b/a HARDWAY
IRMANCE understands that this Plea Agreement is intended to bind
HARDWAY SOLUTIONS, LLC d/b/a HARDWAY PERFORMANCE, and that if the

Defendant changés names, reorganizes, merges, or otherwise ceases operations in its

current form, thé person or entity acquiring the assets or taking over the operation of

Defendant’s company shall take over the obligations of this Plea Agreement. The
Defendant father agrees to provide the United States Attorney’ s Office for the Eastern
District of Washington and the United States Probation Office for the Eastern District
of Washington with immediate notice of any name change, business reorganization, sale
or purchase of assets, divestiture of assets, or similar action impacting the operation of
its business.

No name change, change in corporate or individual control, business

_reorganization,|change in ownership, merger, change of legal status, sale or purchase of °

assets, or similar action shall alter the Defendant’s responsibilities under this Plea

‘Agreement. The Defendant shall not engage in any action to seek to avoid the
obligations and conditions set forth in this Plea Agreement. This Plea Agreement,
‘together with.all of the obligations and terms thereof, shall inure to the benefit and shall

bind assignees, subsidiaries, successors-in-interest, or transferees of the Defendant.
4, Vaiver of Constitutional Rights:
Deféndant understands that by entering these pleas of guilty, Defendant is

knowingly andjvoluntarily waiving certain constitutional rights, including:

Ss. 8 _

( The right to a jury trial;
(b) The right to see, hear, and question the witnesses;
() The right to remain silent at trial;

| The right to testify at trial; and

o=
ee
2,

(e) The right to compel witnesses to testify.

Plea Aram 3 of 22

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While Defendant is waiving certain constitutional rights, Defendant understands
he retains the right to be assisted through the sentencing and any direct appeal of the
conviction and sentence by an attorney, who will be appointed at no cost if Defendant
cannot afford to hire an attorney. Defendant understands and agrees that any defense
motions currently pending before the Court are mooted by this Plea Agreement, and
Defendant expressly waives Defendant’s right to bring any additional pretrial motions.

5. Elements of the Offense:

The parties agree that, in order to convict Defendant of Conspiracy to Violate the
Clean Air Act, in violation of 18 U.S.C. § 371, 42 U.S.C. § 7413(c)(2)(C), as charged
in Count 1, the United States would have to prove beyond a reasonable doubt the
following elements: -

~ First, between on or about August 2, 2017 and on or about November 30,

2023, in the Eastern District of Washington and elsewhere, there was an
agreement between at least two people to violate the Clean Air Act by
tampering with or rendering inaccurate monitoring devices required by the
Clean Air Act;

~ Second, Defendant became amember of the conspiracy knowing of at least

one of its objects and intending to help accomplish it; and

- Third, one of the members of the conspiracy performed at least one overt

act.

6. Factual Basis-and Statement-of Facts:

The parties stipulate and agree that the United States could prove the following
facts beyond a reasonable doubt at trial, and these facts constitute an adequate factual
basis for Defendant’s guilty pleas. This statement of facts does not preclude either party
from presenting and arguing, for sentencing purposes, additional facts which are

relevant to the guideline computation or sentencing, unless otherwise prohibited in this

27|| agreement.

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Défendant and Co-Deféndants
At all relevant times, Ryan Hugh Milliken was a resident of Florida, and

conducted buisitess through his company, Defendant Hardway Solutions, LLC d/b/a

Hardway Performarice (Hardway Performance), which had its principal place of
business in Mary Esther, Florida. At all relevant times between August 2017 and
November 2023, Pavel Ivanovich Turlak (Turlak) was a resident of Spokane,
Washington, and operated the trucking businesses PT Express LLC, Pauls Trans LLC,
and Spokane Truck Service LLC, each of which had their principal place of business in
Spokane, Washington. Defendant Hardway Performance, acting through Ryan Hugh
Milliken and others, provided automotive services for customers, including providing
custom engine|tuning software for diesel engine trucks, including for Turlak and his
companies.

The.Clean.Air.Act and Required Pollution Controls and Monitoring Devices

The Clean Air Act directs the United States Environmental Protection Agency
(EPA) to issue regulations limiting the amount of pollutants that motor vehicles,
including diese] vehicles, can emit. To meet these emission standards, vehicle
manufacturers {design and install certain hardware devices as components of an
emissions Coritrol system to manage and treat engine exhaust. This reduces the levels
of pollutants such as nitrogen oxides, particulate matter, carbon monoxide, and non-
methane hydrobarbons that are emitted into the air from tailpipe exhaust and keeps those

emissions within regulatory limits. For diesel engines, such emissions control devices

|| include diesel particulate filters (“DPF”), exhaust gas recirculation (“EGR”) systems,

diesel oxidation catalysts (“DOC”), and selective catalytic reduction (“SCR”) systems.
These hardware:emissions control devices are critical components of a diesel vehicle’s
emissions control system and are essential to ensuring that the vehicle complies with
the Clean Air.Act’s emissions standards.

EPA regulations also require manufacturers to install on-board diagnostic
(“OBD”) systehas on vehicles and engines to ensure that emissions control systems

Plea Agreenient- 5 of 22

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continue to operate properly. OBD systems must be capable of monitoring all emission-
related engine systems or components, including the EGR system, the DOC, the DPF,
and the SCR system.

The OBD system operates within a vehicle’s engine control module (“ECM”)
(sometimes referred to as the engine or electronic control unit or “ECU”). The OBD is
composed of software and sensors that monitor emissions-related engine systems and
components for malfunctions that may increase emissions. If an emissions-related
malfunction or problem occurs, the OBD system causes a malfunction indicator light
(“MIL”) to be illuminated on the vehicle’s dashboard to alert the driver and a diagnostic
trouble code (“DTC”) to be stored in the OBD’s memory. These functions facilitate the

detection and diagnosis of a malfunction in the emissions control system. Removal,

disconnection, or malfunction of certain powertrain components, including emissions

control hardware, may cause the control system to limit the top speed of some vehicles
to as low as five miles per hour (an effect commonly referred to as “limp mode” or
“power reduced mode”), providing an incentive for the vehicle’s operator to seek repairs
and to prevent damage to other components.

OBD systems are monitoring devices or methods required to be maintained or
followed under the Clean Air Act to ensure that both the emissions-monitoring
computer software and the hardware emissions control devices of vehicles are
functioning properly. Persons seeking to evade the Clean Air Act’s pollution controls
for heavy-duty diesel vehicles have developed methods of modifying or removing
emissions control systems and rendering the OBDs inaccurate. These modifications

may be undertaken to avoid repair and maintenance costs associated with emissions

‘controls and to improve the horsepower, torque, fuel efficiency, or other characteristics
‘of diesel engines. These unlawful modifications result in a dramatic increase in multiple

| pollutants being emitted by each vehicle.

One method of disabling a manufacturer-installed emissions control system is to
remove the portion of the vehicle’s exhaust system that contains some of the emissions

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‘disabled.

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ECF No. 78 PagelD.313

‘control. equipment, such as the DOC and SCR catalyst, and replace it with a section of

hollow exhaust tubing sometimes referred to as a “straight pipe.” These “straight pipes”
funnel the vehicle’s exhaust through the tailpipe, with no reduction in pollutants.
Alternatively, ithe DPF, DOC, and SCR can be hollowed out by removing the
operational interrial contents (e.g., catalyst substrate), and then reconnected to the
exhaust pipe. [This gives the appearance that the components are still intact but
eliminates their effective function. The EGR can be disabled through the installation
of “block plates” that cover the EGR valve and prevent the recirculation of exhaust.

Additionally, certain. functions of emissions control components can be electronically

To prevent an OBD system from detecting that the emissions controls have been

modified or removed, the ECM is reprogrammed to disable at least some of the OBD
monitoring functions and to modify other engine functions related to the operation of
emissions controls (e.g., turning off diesel exhaust fluid (“DEF”) injection, turning off
DPF regenérations, and remapping other parameters to account for the removed or
disabled ‘emissions controls). If an ECM is not reprogrammed after modification or
removal of emissions control equipment, a properly functioning OBD will detect the

malfunction or removal of the emissions control equipment, trigger a MIL alert, store a

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DTC and, in ce
DEF is injecte
exhaust flows t!

srtain instances, cause the vehicle to go into limp mode. For example,
d into the SCR system to treat nitrogen oxides in the exhaust as the
hrough the SCR catalyst. DEF is used up as the engine is operated, and

if it is not refill

ed, the OBD system will notify the driver that DEF level is low. If not

|| remedied, the OBD will cause the vehicle to go into limp mode.

The act of tampering with, disabling, or removing emissions-related software or

hardware is ‘$6

pretimes referred to as “deletion” or “deleting.” Reprogramming the

ECM, including the OBD system, as part of the emissions control deletion can be

neets

referred to as “tuning” or “reflashing” the vehicle. One method used to prevent the OBD

from detecting

Plea Agreemen

a malfunction in the emission control system involves connecting a


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laptop computer to the vehicle’s OBD through the OBD port and “flashing”
(reprogramming) the OBD. Another common method involves installing a tune file on
the OBD through a tuning device (sometimes referred to as a “tuner”) that is connected
to the OBD through the OBD port.

Reprogramming an OBD to prevent it from detecting the removal or disabling of
emission control systems components constitutes tampering with and rendering
inaccurate a monitoring device required under the Clean Air Act.

‘Defendants’ Criminal Conspiracy. to Violate the Clean Air Act

Beginning no later than August 2, 2017 and continuing until at least November
30, 2023, Defendant Hardway Performance, acting through Ryan Hugh Milliken and
others, created and supplied delete tune files to Turlak designed to illegally tamper with
OBDs, which Turlak then loaded onto his own trucks and the trucks of co-conspirators
who paid Turlak to install delete tune files onto their vehicles in order to illegally tamper
with the OBD systems of the vehicles in violation of the Clean Air Act. Turlak paid
Defendant for these delete tune files, which Defendant created for specific vehicles and
vehicle identification number (VINs) at Turlak’s request.

On January 10, 2020, the Environmental Appeals Board entered an
administrative consent agreement between the United States Environmental Protection
Agency and Ryan Hugh Milliken and his company, Defendant Hardway Performance.
As part of the consent agreement, Ryan Hugh Milliken and Defendant Hardway
Performance stipulated and admitted to manufacture and selling “tunes” designed to

modify the programming on ECMs of diesel trucks. As a further part of the consent

agreement, Ryan Hugh Milliken and Defendant Hardway Performance did not
-explicitly admit to having violated the law; however, both agreed to pay a civil penalty

of $45,000, which reflected a reduced penalty because Ryan Hugh Milliken and
Defendant Hardway Performance “demonstrate[d] their inability to pay a higher civil
penalty.” Finally, Ryan Hugh Milliken, on his own behalf and on behalf of Defendant
Hardway Performance, certified and promised as part of the consent agreement that

Plea Agreement- 8 of 22


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PagelD.315

“they will not manufacture, sell, offer for sale, or install any Defeat Device that defeats,

bypasses, or othérwise renders inoperative any emissions-related device or element of

design on a motor vehicle or motor vehicle engine subject to regulation under Title II
of the [Clean Air Act]...”
Both béfore and in violation of this consent agreement, Defendant Hardway

Performance, acting through Ryan Hugh Milliken and others, continued to manufacture

and sell defeat

devices, to wit, software designed to defeat, bypass and tamper with

OBDs, and to tender them inaccurate and inoperative, to Turlak and others. Ryan Hugh

Milliken and en Hardway Performance provided Turlak dozens of delete tunes

between August 2017 and November 2023. On average, Ryan Hugh Milliken and
Defendant Hardway Performance charged Turlak approximately $500 for each tune and

related software necessary to install the tune.

For ex

Hardway Perfo.

ple, on or about February 13, 2019, Turlak emailed Defendant

ance’s general email account requesting to purchase “another tune

and vin license! Its a (63) 2018 Ram 3500 Aisin. regular pickup. Vin

#3C63R3GL5I

330936. Need it to be a stock deleted tune.” On or about that same

day, an employee of Hardway Performance (Hardway Employee 1) emailed four tune

Ryan Hugh Milliken to Turlak, including a file named

“STOCKDELETE_PUAISIN_V33.1_75MPH_0936.bbx.” Turlak used the delete

tune file-suppli
tamper with an

ed by Ryan Hugh Milliken to disable emissions system hardware and
d render inaccurate the OBD system on the 2018 RAM 3500, VIN #

| 3C63R3GL5JG330936, registered to Turlak’s spouse.

On or about February 4, 2020, Turlak emailed a second employee of Hardway

Performance (Hardway Employee 2), “I need to buy a stock delete tune please. For a

| to your tab. In

5]| 2016 Ram 90 Aisin Trans. Regular pickup. Vin#3C63RGL1GG198377.” That day,
,|| Hardway Employee 2 replied, “I will forward all this over to Ryan and get this added

in cards on Mondays for tuning orders. Thanks.”

Plea Agreement: 9 of 22


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_ Additionally, on or about March 17, 2020, only two months after Defendant
Hardway Performance and Ryan Hugh Milliken entered into the consent agreement
with EPA in which they promised to not engage in further violations of the Clean Air
Act through tampering with required emissions controls and monitoring systems,
Turlak emailed Hardway Employee 2 to place a tune order for a 2014 RAM with VIN
# 3C6URSPL9EG137565. The 2014 RAM with VIN # 3C6URSPL9EG137565 was
registered to a “customer” of Turlak who paid Turlak a fee in return for installing an
illegal delete tune on the 2014 RAM vehicle in order to tamper with and render
inaccurate the required monitoring devices. On or about March 19, 2020, Ryan Hugh
Milliken emailed Turlak supplying the requested delete tune file,
“3C6URSPL9EG137565_131867_QUICKSETUP.bbx.” On or about the following
day, Turlak emailed Ryan Hugh Milliken to request alterations to the tune to suit his
customer’s request: “Hi Ryan, last tune I received from you is showing 0 on DEF gauge.
My customer was told it will show full because your tunes usually show full def after a
tune but this one isn't. Its important to him for it to show 100 on the DEF. I know it
doesn’t effect his performance. But please help me correct this.” As discussed above,
a DEF gauge measures the presence and quantity of diesel exhaust fluid used to control
emissions, and a zero DEF reading suggests that a truck’s emission control system
and/or OBD is not functioning properly. On or about the same date, Ryan Hugh
Milliken responded via email to Turlak: “Likely not worth the engineering time but I'll

look into it. What is the vin and or what model year and trans type is your customers

truck?” Turlak responded by email, providing the requested information. Thereafter,

Ryan Hugh Milliken and Turlak continued to correspond regarding issues with the tune.

‘On or about May 26, 2020, Turlak emailed Ryan Hugh Milliken: “[TJhank you for

getting back to me with a updated tune but I tried the updated tune. I kept getting the
code 0536. But oddly enough that issue got resolved by reformatting the device. But
once downloaded onto the truck. Def gauge stil] shows 0. I double checked to make

- Plea Agreement- 10 of 22


Case 2:24-cr-00057-TOR ECF No. 78 ° filed 10/24/24 PagelD.317 Page 11 of
24

sure I installéd| the updated tune and everything.” On or about the following day, May
27, 2020, Ryan Hugh Milliken replied via email:

Sst A nA f OB NY KY SOON DN HW HD KH CO

make your street product better so you can‘sell. more of it even though
you just got out of prison for distribution.... Its exactly like that. I

Oo ON A A RW Ee

Ryan Hugh Mi
Performance (faraway Employee 3) on this email reply to Turlak. On or about the
same date, May 27, 2020, Turlak responded to Ryan Hugh Milliken via email: “I
completely agree with you about the def showing 0. And If it was my truck I could care

Turlak a fee in
using the delete tune file created and supplied by Ryan Hugh Milliken.

Sir, respectfully, if the DEF gauge doesn’t read full on that file, I don’t care
to fix it.|Our business direction has changed since our dealings with that
certain government agency and polishing products ’'m not supposed to
éven be'selling is nowhere near the top of my priority list. I don’t have a
better way to put it other than what I have to offer is what I have to offer,
purposely there will be no further revisions, no attempts at making
anything, any better than what it is and no further R&D will go into street
truck delete tuning. Think of it like being a drug dealer and trying to

understand you have done a lot of business with us and I appreciate that, I
also understand if you choose to take your business elsewhere to those who
are continuing: to press on with product evolution, that’s the natural
evolution of what’s happening here and completely acceptable. In the
mean time as long as the truck is functional and what I’ve sold you is
functioning as intended than my obligations are satisfied. Thank you for
your understanding. (Emphasis added).

less. BUT this is a customer. For him its very important. He specifically asked to make
his truck look and sound stock. He asked about his def gauge prior to dropping off his
truck and i'told him it would be showing 100. When everything was achieved besides
the def gauge. ' wasn't happy. So all I’tm trying to do is hold up my word that his def
gauge will bes lowing 100.” Between March 17, 2020 and May 27, 2020, Turlak used
'|| the delete tune file supplied by Ryan Hugh Milliken to tamper with the OBD system on
; VIN # 3C6URSPL9EG137565, belonging to the customer who paid
return for Turlak deleting and tuning the required monitoring devices

Plea Agreemént- 11 of 22

liken copied Hardway Employee 2 and a third employee of Hardway

Case 2:24-cr-00057-TOR ECFNo. 78 filed 10/24/24 PagelD.318 Page 12 of
24

During the same period, on or about March 20, 2020, Turlak emailed Ryan Hugh
Milliken to ask about tuning for newer 2019 vehicles, writing, “Ryan I was wondering
if the 5th gen tunes are rolling well? If so how are the HO engines with lower
compression working out as far as tuning. I’ve tried 2 companies seems like their tunes
are fairly raw. Just getting a little tired of raw tunes. [Hardway Employee 2] said you
started tuning the 19s so hoping you got them figured out. What are you seeing for mpg
improvements and power gains? Also hows the aisin reacting to your tunes. Both other
companies made the trans do weird stuff. Thank you for your time.” On or about March
23, 2020, Ryan Hugh Milliken replied: “The 2019’s are a lot like the 13-18 trucks as
far as tuning goes so, if you like the way those run from us, that’s how the new ones run
too. Until EFI offers it thru their software, we don’t have any CSP or SOTF for them,

not that J use that on any of my trucks anyway but for some reason its important to some

people.” The following day, Turlak replied to the email chain, “What can you do price

w

wise for a stock deleted tune once I test it out, I would like to test the esp files once they

are available. If like the stock deleted file I’ll start using them in my other 19s, But the

—

test will be for my personal truck. 19 ram 3500 aisin trans. Regular pickup. Thank you.”

On or about July 22, 2020, Turlak emailed Ryan Hugh Milliken to request a
“stock deleted” tune for a 2015 RAM 3500 with VIN 3C63R3ML8FG512237. On or
about July 30, 2020, Ryan Hugh Milliken emailed Turlak the requested delete tune file,
“STOCKD PUAISIN_V33.1_3C63R3ML8FG512237.ctz.” Ryan Hugh Milliken cc’d
Hardway Employee 2 and a fourth employee of Hardway Performance (Hardway

Wow Be ee
=~ oOo MIAN

|| Employee 4) on the email providing the delete tune file. That day, Turlak emailed Ryan

Hugh Milliken to report issues with the tune file, writing: “Thank you but I get 0532. I

w

double checked that I’m using the right controller. Restarted both devices, still no luck.

to
aS

«|| I remember having this issue couple months ago and [Hardway Employee 2] formating

| it to bbx some how fixed it. Idk how but thats how I got around it that time. Could you

please help. Thank you kindly.” On or about July 31, 2020, Turlak emailed Hardway
Employee 2, writing “ THANK YOU FOR HELPING OUT. HERE IS THE TUNE
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ECF No. 78 PagelD.319 Page 13 of

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THATS TH lowin THE CODE 0532.” Turlak attached the tune file,
“STOCKD_PUAISIN_V33.1_.3C63R3ML8FGS512237.ctz.” That day,
Employee 2 |emailed Turlak a new delete tune file in the “.bbx” format,
“STOCKD. PUAISIN_.V33.1_3C63R3ML8FG512237.bbx.” Hardway Employee 2

wrote “Not sure if this will fix your issue... But its worth a shot I suppose. If this doesn’t

Hardway

work, email Ryan. back in the same chain as you got the tune from and he can look into
it.” Later that fe Turlak replied to Hardway Employee 2 by email, “Bbx tune file did
the trick. Tha’
2 about the tune file, writing: “[I]t did the trick, thank you. One thing I’m fighting with
it code p249S.
ideas?”
Additionally, on or about August 14, 2020, Turlak emailed Ryan Hugh Milliken
to request a delete tune: “I would like to order a stock delete tune for 2 2019 Ram 3500

: you kindly.” Later that day, Turlak again emailed Hardway Employee

I thought with the tune all egr related codes should be shut off. Any

regular -truck. (Aisin Trans. Could you please get me a vin license as well. Vin
#SCESRIGLSH.GS82886, Esn# 59274017.” On or about August 17, 2020, Turlak
placed an order with Hardway Performance for a “stock delete file” for a “regular 2019
Ram with aisin. Stock truck with 4 inch straight pipe’ and VIN #
3C63R3GL5K.G682884. On or about August 21, 2020, Ryan Hugh Milliken emailed
Turlak the delete tune file,
“19PUAisin QUICKSETUP_3C63R3GL5KG682884.bbx”. On or about that same

date, Turlak ‘used the delete tune file supplied by Ryan Hugh Milliken to disable

requested

' emissions system hardware and tamper with and render inaccurate the OBD system on
‘|| the 2019 RAM3500, VIN # 3C63R3GL5KG682884, registered to Turlak’s spouse. On

or about that same date, Turlak responded to Ryan Hugh Milliken’s email “Got the tune

installed. Engine pulls good runs good. Can’t set cruise control. I’Il attach a picture.

| [Sic] even do a

Plea Agreemen

Nothing wrong

on it. No cruise,

with the truck. Cruise control worked great right before the tune. I didnt
pliySical delete on the truck. Just wanted to see how the tune will work
control. Nothing was unpluged yet.”.

t- 13 of 22


Case 2:24-cr-00057-TOR ECF No. 78 _ filed 10/24/24 PagelD.320 Page 14 of

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24

Moreover, on November 27, 2020, Turlak emailed Ryan Hugh Milliken
requesting “three stock delete tunes limited to 70 mph.” Turlak provided the model and |
vehicle identification number (“VIN”) for three vehicles, including a 2017 Ram 3500,
VIN# 3C63RRJLOHG719053. Turlak directed Ryan Hugh Milliken to “Go ahead and
charge my credit card you have on file.” On December 1, 2020, Ryan Hugh Milliken

emailed Turlak as follows: “See attached max vin slot code as well as 3 stockD files

limited at 70mph for the vin’s you listed.” Attached to the email were three files,
including a file named
“3C63RRJLOHG719053, STOCKD _PUAISIN_V33.1_70MPH.ctz”, intended to be
used to tamper with the OBD systems of the three vehicles. Ryan Hugh Milliken cc’d
Hardway Employee 2 on this email providing the tune files to Turlak. Turlak used the

tune file supplied by Ryan Hugh Milliken to disable emissions system hardware and
tamper with and render inaccurate the OBD system on the 2017 RAM, VIN #
3C63RRJLOHG719053, registered to Turlak.

Additionally, on or about March 25, 2021, Turlak emailed Ryan Hugh Milliken

stating, “I would like to order a stock D[elete tune] for a 2019 Ram 3500. Regular
pickup. Aisin trans. Stock D. Limit the speed to 70mph please. Vin#
3C63R3GL9KG542515.” On or about March 26, 2021, Ryan Hugh Milliken responded
via email: “I’ll fill the PO for that 2019 but I dont want to do anymore, its a platform I
have no interest in supporting in the same manner as we do the older trucks because,
well you know why.” Ryan Hugh Milliken cc’d Hardway Employee 2 on this response
email. On or about March 31, 2021, Ryan Hugh Milliken emailed Turlak: “See attached
file for 19 PU Aisin, please don’t consider us for any more files on the 19+ platform. I
| might work on some stuff in the future but as of right now J dont plan on supporting the
platform like we do the older ones, this attached file should get you by....” Ryan Hugh
Milliken attached a file to the email named
“1920PUAISIN SYM_CSP_V8_3C63R3GL9KG542515.ctz,” which was a delete
tune file that Ryan Hugh Milliken created and supplied to Turlak for the purpose of

~ Plea Agreement- 14 of 22

Case 2:24-cr-00057-TOR

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YN NY NY NHN BH WH HN NO HNO ew eet
oN DN UN FF WN —&§ SF OWA HD A FP WW NY & S&S

filed 10/24/24
24

ECF No. 78 PagelD.321 Page 15 of

| tampering with! and rendering inaccurate the OBD system on the 2019 Ram 3500 with
VIN #3C63R3GL9KG5425 15, registered to Turlak.

Additionally, on or about October 31, 2022, Turlak emailed Ryan Hugh Milliken
and requested] a tune “Stockd[elete]” tune for a 2015 Ram 2500 with VIN#
3C6URS5NLXFG611530. That day, Ryan Hugh Milliken emailed Turlak the requested .
delete tune tile, “PU68_170PSI_V33.1_3C6URSNLXFG611530.ctz,” which was a

delete tune file that Ryan Hugh Milliken created and supplied to Turlak for the purpose

of tampering wi and rendering inaccurate the OBD system on the vehicle. Ryan Hugh
Milliken cc’d a fifth Hardway Performance employee (Hardway Employee 5), on the
email providing the delete tune file.

Additionally on or about April 12, 2023, Turlak emailed Ryan Hugh Milliken to
"request a tune file: “I got a 2020 Ram 3500. Aisin trans. regular pickup. Needs a s[tock]
d[elete]. Vin 3C63R3GL5LG272328.” On or about April 13, 2023, Ryan Hugh
Milliken by Turlak, the file
“SD. 20Aisin_V10_3C63R3GL5LG272328.ctz.” This. file was a delete tune file

responded email to attaching

created by Ryan Hugh Milliken for the purpose of disabling and rendering inaccurate
‘the OBD and r
used the delete

equired monitoring device for the vehicle specified by Turlak. Turlak
tune file supplied by Ryan Hugh Milliken to disable emissions system

-hardware and to;tamper with and render inaccurate the OBD system on the 2020 RAM
3500, VIN #3C63R3GL5LG272328, registered to Turlak’s company Pauls Trans, LLC.
On Novimber 30, 2023, agents with EPA’s Criminal Investigation Division

executed a se

Spokane, Wash
the Eastern Dis
(“EPA-NEIC”)
with remote ass
performed phys
located on the

Plea Agreemen

tch warrant at Turlak’s business locations at 4207 E Rowan Ave.,
ington 99217 and 4219 E Rowan Ave., Spokane, Washington 99217, in
trict of Washington. EPA’s National Enforcement Investigations Center
provided field technical inspection of vehicles located on the properties
istancé from EPA contractor Eastern Research Group, Inc. EPA-NEIC
ical inspections and digital scans of the OBD systems on eight vehicles
properties. EPA-NEIC observed disabling of the emissions control
t- 15 of 22 |


Case 2:24-cr-00057-TOR ECF No. 78 _ filed 10/24/24 PagelD.322 Page 16 of

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|: hardware components and illegal tampering with the OBD systems required by the

Clean Air Act on seven of the eight vehicles. Relevant here, EPA-NEIC observed this
conduct on the following five vehicles, each using a delete tune file created and supplied
by Defendant Hardway Performance, acting through Ryan Hugh Milliken and others,
to Turlak:

| NEIC VIN , Vehicle Digital Visual Inspection
‘| Veh, Manufacturer, Year, Evidence of
No. Make OBD
, _L. . a tampering? _
1 3C63RRJLOHG7 19053 ‘2017 Fiat Chrysler =| Yes Disereet EGR block
Automobiles US LLC plates observed
(FCA)
- . 2 ee - .RAM 3500 .. .
3 3C63R3GL5JG330936 | 2018 FCA Yes Discreet EGR block
_ . -. _._.4. RAM 3500 . plates observed
4 3C63R3GL9KG542515 | 2019 FCA Yes Discreet EGR block
_. -. | RAM 3500 _ plates observed
5 3C63R3GL5LG272328 2020 FCA Yes Discreet EGR block
_ a _RAM 3500 plates observed 1
8 3C63R3IGL5SKG682884 2019 FCA Yes Discreet EGR block
RAM 3500 plates observed !

Defendant admits that between August 2, 2017 and November 30, 2023, in the
Eastern District of Washington and elsewhere, Defendant Hardway Performance and
-Ryan Hugh Milliken, together with Turlak, Turlak’s companies, Turlak’s customers,

and others, conspired and agreed to violate the Clean Air Act by tampering with and

rendering inoperable required monitoring devices and methods, and that, in furtherance
of that conspiracy, Defendant Hardway Performance, Ryan Hugh Milliken, Turlak, and
| their conspirators committed overt acts, including the above.
7. The United States Agrees:
(a) To Dismiss.Counts:
At the time of sentencing, the United States agrees to move to dismiss as to
Defendant Counts 2 through 4 and Count 6 of the Indictment, which charge Tampering
with Clean Air Act Monitoring Device, in violation of 42 U.S.C. § 7413(c)(2)(C), 18

|. U.S.C. § 2.

Plea Agreement- 16 of 22

Case 2:24-cr-00057-TOR ECF No. 78 _ filed 10/24/24 PagelD.323 Page 17 of

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(b) Nott6 File Additional Charges:
The United States Attorney’s Office for the Eastern District of Washington

agrees not to bingany additional charges against Defendant based upon information in

its possession at the time of this Plea Agreement and arising out of Defendant’s conduct

| involving illegal activity charged in the Indictment, unless Defendant breaches this Plea

Agreement any time before sentencing.

8. Statutory Authority:

‘Defendant understands and acknowledges that the United States Sentencing
Guidelines (heyeinafter “Sentencing Guidelines” or “USSG”) are applicable to this case

and that the Court.will determine Defendant’s applicable sentencing guideline range at

the time of sentencing, Defendant further understands that the Court, after consultation

and consideration of the Sentencing Guidelines, must impose a sentence that is
reasonable in light of the factors set forth in 18 U.S.C. § 3553(a).

Deferidant understands and acknowledges that the Sentencing Guidelines,
including ‘Chapter Eight that provides guidance for the sentencing of corporate
defendants, wil be considered by the court except that pursuant to USSG §§ 8C2.1 and

8C2.10, the Guidelines that pertain to the sentencing of organizations do not determine
the fine range|in cases involving environmental crimes. Instead, the fine is to be
determined ele 18 U.S.C. §§ 3553 and 3572. Ail other sections of Chapter Eight of
the Sentencing |Guidelines that are applicable to corporate defendants are applicable to
this case, including provisions for probation.

9. Criminal Fine:-

The parties are free to make whatever recommendation concerning the

imposition of'a\criminal fine that they believe is appropriate. Defendant

| acknowledges that the Court’s decision regarding a fine is final and non-appealable;
‘that is, even if Défendanit is unhappy with a fine ordered by the Court, that will not be

a basis for Defendarit to withdrawal from this guilty plea, or appeal Defendant’s

conviction, séntencé; or fine.

Plea Agreement: 17 of 22


’ Case 2:24-cr-00057-TOR ECF No. 78 _ filed 10/24/24 PagelD.324 Page 18 of

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10. Restitution and Forfeiture:

The parties agree restitution and forfeiture are not applicable here.

11. Probation: |

The parties agree to recommend that the Court impose a 5-year term of
_probation. See 18 U.S.C. § 3561(c)() and USSG §§ 8D1.1 and 8D1.2.Additionally,
the parties agree that the terms of probation or supervised release shail include the
following special conditions, in addition to the Court’s standard conditions:

A. No Further Violations: The Defendant will commit no further
violations of the Clean Air Act, or other federal, state, or local law,
and he and his business shall conduct all operations in accordance
with EPA regulations and with other federal, state, and local
environmental regulations.

B. Environmental Compliance: Defendant Hardway Performance
shall follow the compliance program attached to this Plea Offer.

The parties are free to advocate for any additional special conditions they believe are
appropriate.

12. Mandatory S§; ecial Rénalty Assessment:

Defendant agrees to pay the $400 mandatory special penalty assessment to the
Clerk of Court for the Eastern District of Washington. See 18 U.S.C. § 3013.

13.

The parties agree that the United States may at its option and upon written

Additional Violations of Law Can Void Plea Agreement:

notice to Defendant, withdraw from this Plea Agreement or modify its
recommendation for sentence if, before sentencing, Defendant is charged or convicted
of any criminal offense whatsoever.
' 14. ‘Waiver of Appeal
In return for the concessions that the United States has made in this Plea
Agreement, Defendant agrees to waive Defendant’s right to appeal Defendant’s

conviction and sentence.

Plea Agreement- 18 of 22

Case 2:24-cr-00057-TOR ECF No. 78 _ filed 10/24/24 PagelD.325 Page 19 of

OWA A BODY S Owe IQA aE SHES

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Deéfeiidant expressly waives Defendant’s right to appeal any fine, term of

probation, or restitution order imposed by the Court.

‘Deferidant expressly waives the right to file any post-conviction motion
attacking Defetidant’s conviction and sentence, including a motion pursuant to 28

U.S.C. § 2255,)except one based on ineffective assistance of counsel arising from

information * now known by Defendant and which, in the exercise of due diligence,

. Defendant could not know by the time the Court imposes sentence,

Nothing |in this Plea Agreement shail preclude the United States from opposing
any post-conviction motion for a reduction of sentence or other attack upon the
conviction or spitence, including, but not limited to, writ of habeas corpus
proceedings brought pursuant to 28 U.S.C. § 2255.

15. Withdrawal or Vacatur of Deféndant’s Plea.

Should Defendant successfully move to withdraw from this Plea Agreement or

should Defendant’s conviction be set aside, vacated, reversed, or dismissed under any

- circumstance, then:

a.| The United States’ obligations under this Plea Agreement shall
become null and void;

b.| the United States may prosecute Defendant on all available
charges;

c. The United States may reinstate any counts that have been
dismissed, have been superseded by the filing of another charging
instrument, or were not charged because of this Plea Agreement;
and

d.| the United States may file any new charges that would otherwise
be barred by this Plea Agreement.

The decision to pursue any or all of these options is solely in the discretion of

7|| the United States: Attorney’s Office.

Plea Agreement- 19 of 22


Case 2:24-cr-00057-TOR ECF No. 78 _ filed 10/24/24 PagelD.326 Page 20 of

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24

Defendant agrees to waive any objections, motions, and/or defenses Defendant
might have to the United States’ decisions to seek, reinstate, or reinitiate charges ifa
count of conviction is withdrawn, set aside, vacated, reversed, or dismissed, including
any claim that the United States has violated Double Jeopardy.

Defendant agrees not to raise any objections based on the passage of time,
including but not limited to, alleged violations of any statutes of limitation or any
objections based on the Speedy Trial Act or the Speedy Trial Clause of the Sixth
Amendment.

16. Waiver of Attorney. Fees.and Costs:

Defendant agrees to waive all rights Defendant may have under the “Hyde
Amendment,” Section 617, P.L. 105-119 (Nov. 26, 1997), to recover attorneys’ fees or
other litigation expenses in connection with the investigation and prosecution of all
charges in the above-captioned matter and of any related allegations (including, without
limitation, any charges to be dismissed pursuant to this Plea Agreement or any charges

previously dismissed or not brought as a result of this Plea Agreement).

17. Owner Approval:
The Defendant represents, and will state to the Court on the record, that its

owners, directors, and/or duly authorized corporate officers authorize Defendant to
plead guilty to the Indictment in this case, and to enter into and comply with all the
provisions of this Plea Agreement.

18. Integration Clause:

The parties acknowledge that this document constitutes the entire Plea
Agreement between the parties, and no other promises, agreements, or conditions exist
between the parties concerning this case’s resolution. This Plea Agreement is binding
only upon the United States Attorney’s Office for the Eastern District of Washington,
and cannot bind other federal, state, or local authorities. The parties agree that this
agreement cannot be modified except in writing that is signed by the United States and
Defendant.

- Plea Agreement- 20 of 22

Case 2:24-cr-00057-TOR ECF No. 78

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filed 10/24/24  PagelD.327 Page 21 of

24

Approval and Signature
Agreed and submitted on behalf of the United States Attorney’s Office for the

Eastern District of Washington.

Jacob E. Brooks
Assistant United States Attorney

£r

Gwendolyrf Russell
Special Assistant United States Attorney

Plea Agreement- 21 of 22

lo/ay/a4

Date

lo/ay say
Date

10 [24 [20 24
Date

Case 2:24-cr-00057-TOR ECFNo. 78 filed 10/24/24 PagelD.328 Page 22 of

a

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| I have read this Plea Agreement and have carefully reviewed and discussed
every part of the agreements with my attorney. I understand and voluntarily enter into
the Plea Agreement. Furthermore, I have consulted with my attorney about my rights,
I understand those rights, and I am satisfied with the representation of my attorney in

this case. No other promise or inducements have been made to me, other than those

contained in this Plea Agreement and no one has threatened or forced me in any way

to enter into this Plea Agreement. I am agreeing to plead guilty because I am guilty.

_lofer feoes
Date

Ryan Hugh Millikes ~~
Corporate Representative for
Hardway Solutions, LLC

I have read the Plea Agreement and have discussed the contents of the
agreement with my client. The Plea Agreement accurately and completely sets forth
| the entirety of the agreement between the parties. I concur in my client’s decision to
plead guilty as set forth in the Plea Agreement. There is no legal reason why the
Court sho

d-not accept Defendant’s plea of guilty.

-Al- 20274
Date

19 Oe rnd oy

20

22
23
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25
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27
28

MOL Bry ey
Date

Attorney for Def Adant

Plea Agreement- 22 of 22

Case 2:24-cr-00057-TOR ECF No. 78 _ filed 10/24/24 PagelD.329 Page 23 of

24

ATTACHMENT A

COMPLIANCE PROGRAM

Hardway Solutions, LLC d/b/a Hardway Performance, and its subsidiaries or affiliates
(‘the defendant”), through its authorized representative, agrees to the following
monitoring and compliance measures during the term of Probation:

Definitions:

a.

“Vehicle” means any (1) “motor vehicle” as defined under the Clean Air Act, 42
U.S.C. § 7550(2), which includes any self-propelled truck, semi-truck, car, van,
camper, bus, or any other vehicle used to transport persons or property on
streets or highways; and (2) “nonroad vehicle” as defined under the Clean Air
Act, 42 U.S.C. § 7550(11), which includes any engine-powered vehicle such as
construction, agricultural, or recreational equipment that is not designed for use
on streets or highways.

“Vehicle tampering” means any steps taken to remove, render inoperable,
override, modify, or alter any component of any vehicle’s emissions control
system, including but not limited to the selective catalytic reduction (SCR),
exhaust gas recirculation (EGR), periodic trap oxidizer (PTOX), diesel particulate
filter (DPF), diesel oxidation catalyst (DOC), or engine control module (ECM), or
the onboard diagnostic (OBD) system.

“Defeat device” includes, but is not limited to, an “EGR delete,” “DPF delete,”
“delete kit,” “upgrade kit,” “conversion kit,” “tuner,” “tune,” “programmer,” “block
plate,” “straight pipe,” or any other device designed to override, modify, alter, or
allow the removal of any component of a vehicle’s emissions control system.

“Tampered vehicle” means any vehicle that has been modified pursuant to
“vehicle tampering.”

Terms:

1.

The defendant agrees not to manufacture or sell, or offer to sell, or install any
defeat device.

2. The defendant agrees not to engage in, or aid and abet, or conspire to, or cause

others to engage in, vehicle tampering.

The defendant agrees to immediately cease operating any tampered vehicles it
owns or operates (or that a subsidiary or affiliate owns or operates). The
defendant will not sell or otherwise transfer any such vehicle intact or in a
condition that allows the vehicle to be driven, unless it is restored. Within six
months of Court approval of the Plea Agreement, the defendant agrees to

1

Case 2:24-cr-00057-TOR ECFNo.78 _ filed 10/24/24 PagelD.330 Page 24 of
24

restore, scrap or recycle any tampered vehicle it owns or operates. If any other
vehicles are later identified as being tampered vehicles that are owned or
operated by the defendant or its subsidiaries or affiliates, the defendant agrees to
immediately cease operating and to restore, scrap or recycle those vehicles.

a. For any tampered vehicles that are restored to stock, the defendant shall
obtain and present a certification (attached) from a mechanic or dealership
licensed by the vehicle’s Original Equipment Manufacturer (OEM) that the
vehicle has been restored to its certified configuration.

b. For any tampered vehicles that are not restored to stock, the “long block”
may be removed and sold for scrap, parts, or recycling, so long as the
intake and exhaust manifolds are removed. The manifolds must be sold
for scrap or otherwise disposed of. Any other emission control
components that have been tampered with must be sold for scrap or
otherwise disposed of. The remainder of the vehicle can be sold for scrap,
parts, or recycling.

4. For any tampered vehicle, the defendant agrees not to work on, repair, or service
(1) the OBD system or (2) any hardware relating to the emissions control system,
including the SCR, EGR, PTOX, DPF, and DOC, except for the purpose of
restoring the emissions control system on the tampered vehicle to its certified
configuration, that is, restoring it to stock.

5. The defendant agrees to permit unrestricted entry to federal, state, and local
officials to inspect premises, including hard copy and electronic documents, at
any time and without advance notice, for violations of the Clean Air Act, 42
U.S.C. §§ 7413(c)(2) and 7522(c)(3).

6. The defendant agrees to submit to the U.S. Attorney’s Office an annual report
detailing the company’s compliance measures and including a certification
signed by a responsible corporate officer confirming, if true, that the company
has not knowingly engaged in any violations of the Clean Air Act, 42 U.S.C.

§§ 7413(c)(2) and 7522(c)(3). The first certification shall be submitted one year
from the date on which the Information is filed and shall be filed annually on that
date until the Term of the Agreement is concluded.

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