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Kory B. Willis, CEO of Louisiana-based Power Performance Enterprises Inc. (PPEI), has been sentenced to 10 months of house arrest and a $1.55 million fine for selling illegal software that bypassed emissions controls on diesel trucks. The sentencing, announced by the U.S. Department of Justice (DOJ) on Wednesday, also includes probation terms for both Willis and PPEI, stemming from guilty pleas entered in March 2022.

Violations and Sentencing

Willis and PPEI admitted to conspiring to violate and violating the Clean Air Act by tampering with emissions control systems on diesel trucks. U.S. District Judge John A. Mendez sentenced Willis to three years of probation, including 10 months of home confinement, and ordered Willis and PPEI to jointly pay $1.55 million in criminal fines. PPEI was also sentenced to five years of probation.

"The software that Mr. Willis and PPEI manufactured and sold reversed the effects of emissions control requirements for vehicles driven on our country's roads, posing unacceptable risk to the health of our citizens," said Assistant Attorney General Todd Kim of the DOJ's Environment and Natural Resources Division.

The sentence is less severe than the maximum statutory penalties of five years in prison for conspiracy and two years for tampering charges.

Illegal “Delete Tunes”

PPEI was one of the nation’s most prominent developers of custom "tunes," software designed to optimize vehicle performance. However, the company was particularly notorious for producing "delete tunes," which disable emissions controls while allowing vehicles to appear compliant.

Willis once boasted on a podcast that PPEI had “reached the top” of the delete tuning market, tuning over 175,000 vehicles and claiming more than 100,000 customers. Internal records revealed the company routinely sold over $1 million worth of products each month.

Between 2013 and 2018, PPEI’s delete tunes were linked to over 100 million pounds of excess nitrogen oxide emissions, according to EPA estimates, significantly exacerbating pollution and health risks.

Impact on Public Health

The DOJ emphasized the harmful effects of diesel emissions, which can worsen diseases such as asthma and lung cancer. U.S. Attorney Phillip A. Talbert underscored the importance of prosecuting those who undermine environmental laws.

"Environmental laws aimed at controlling diesel pollution safeguard the environment and the health of the public, particularly vulnerable populations such as the young, the elderly, and those with respiratory conditions," Talbert said.

Legal History

The case against Willis and PPEI originated from a 2016 EPA notice alleging over 24,000 violations of the Clean Air Act. In addition to the criminal case in California, Willis and PPEI signed a consent decree in Louisiana to resolve related civil claims.

Representation

The DOJ was represented by Katherine Theresa Lydon of the U.S. Attorney's Office for the Eastern District of California, along with Krishna S. Dighe and Stephen J. Foster of the DOJ. Willis and PPEI were represented by Stacey H. Mitchell of Akin Gump Strauss Hauer & Feld LLP and Thomas A. Johnson of the Law Office of Thomas A. Johnson.