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A Cuba, Missouri commercial trucking company, its owner and an employee have been sentenced on Department of Transportation and environmental violations

St. Louis, Missouri: A Cuba, Missouri commercial trucking company, its owner and an employee have been sentenced on Department of Transportation and environmental violations, United States Attorney James G. Martin announced today.

This case was investigated by the Environmental Protection Agency-Criminal Investigation Division, the Department of Transportation, Office of Inspector General and the Federal Motor Carrier Safety Administration. Special Assistant United States Attorney Anne E. Rauch handled the case for the U.S. Attorney's Office.

DAVID VOSS, 56, of Cuba, Missouri, owner and operator of Voss Truck Port, Cuba, Missouri, was sentenced to two months in prison, followed by four months of home confinement. On June 17, 2004, Voss pled guilty to one felony count of conspiracy to make false statements to a governmental agency and violation of the Clean Air Act by knowingly concealing and failing to file and maintain a document required by the Clean Air Act. Voss appeared before United States District Judge Catherine D. Perry.

VOSS TRANSPORTATION, INC., located at Highway 19 and 44, Cuba, Missouri pled guilty to two felony counts, conspiracy to violate the Clean Air Act and conspiracy to violate Department of Transportation regulations. Voss Transportation also plead guilty to negligently discharging diesel fuel in violation of the Clean Water Act. The corporation was sentenced today to pay a civil penalty of $35,000 plus $39,000 in restitution and fines to the State of Missouri.

According to the facts filed with the court at the time of the plea, between April 2000 and June 2001, Voss Transportation dispatchers dispatched Voss Transportation drivers to deliver fuel, causing the drivers to drive in violation of federal safety regulations by exceeding the number of driving hours permitted by federal regulation. David Voss, dispatchers and truck drivers, conspired to conceal from regulators excessive driving hours and illegal trips. In furtherance of the conspiracy, Voss drivers did not record loads in their log books.

On August 14, 2000, an agent with the Federal Motor Carrier Safety Administration conducted an investigation at Voss Truck Port in Cuba, Missouri, and found drivers hour violations by reviewing driver logs and payroll records.

Following the August 2000 inspection, David Voss, dispatchers and truck drivers conspired to hide illegal loads from regulators by creating an "X" load system to designate illegal loads and illegal loads were paid on bonus pay sheets instead of regular payroll.

In addition, the defendants sold conventional gasoline at two service stations, Voss Express 103 in Pacific, Missouri and Voss Express 104 in Union, Missouri, when they were required to sell reformulated gasoline. Reformulated gasoline is required in certain areas in cities that are not in compliance with the Clean Air Act. Voss and dispatchers conspired to violate federal law by directing drivers not to leave bills of lading which would show transfer of conventional gasoline at service stations that required reformulated gasoline.

Finally, On March 5, 2001, Voss and Voss Transportation negligently caused the discharge of approximately 10,000 gallons of diesel fuel into Pleasant Valley Creek, a tributary of the Meramec River.

Co-defendant MERRY ROBINSON, 43, also residing in Cuba, Missouri, pled guilty to one felony count of conspiring with others to conceal the fact that drivers were driving in violations of federal safety regulations by exceeding the number of driving hours permitted by law in June 2004. She was sentenced to six months of home confinement and a $500 fine on September 3, 2004.