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Former Commercial Truck Driver Convicted of Falsifying Daily Logs

On May 13, Michael J. Kozlowski, former driver for Whole Foods Market Group, Inc. (WFM), was convicted after a two day trial in U.S. District Court, Madison, Wisconsin, on 5 counts of false statements regarding his record of duty status or “daily log books.” It was alleged that from August 31 to October 11, 2005, Mr. Kozlowski falsified his daily log books by claiming that he had been in the sleeper berth for the required 10 hours when it was later determined that was not true. On October 16, 2005, Mr. Kozlowski provided his daily logs, which were falsified, to a Wisconsin State Patrol Officer after being involved in a deadly accident in Eau Claire County, Wisconsin. During this accident, Mr. Kozlowski’s semi tractor veered off Interstate 94, tipped over, and slid down the interstate on its side. Within seconds, a bus carrying the Chippewa Falls High School band members and staff struck the truck, causing the deaths of 5 passengers. In a post–trial interview the jury foreman commented that the jury was convinced by GPS and electronic toll booth data that showed Kozlowski was driving during periods he claimed to be in the sleeper berth. Kozlowski’s sentencing has been set for July 24, 2009. This investigation was conducted by OIG.

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