A Mays Landing, NJ, couple who own and operate a trucking business surrendered to federal authorities recently on charges that they conspired to falsify trucker logbooks to conceal that drivers exceeded the allowable number of daily driving hours, U.S. Attorney Christopher J. Christie announced.
The indictment describes a scheme in which Gerald W. Diffenderfer, 44, Rose Marie Diffenderfer, 47, and their son Damon D. Diffenderfer, 29, conspired to make and file false driver's daily logbooks to defeat hours-of-service regulations.
"These defendants put self-interest ahead of the safety and well-being of the driving public, who have the right to expect that truck drivers are well rested, sober and operating their vehicles within the law," said Christie.
Both elder Diffenderfers were released on $50,000 unsecured bonds with the restrictions that their travel be limited to New Jersey. Damon Diffenderfer did not have an initial appearance as he is currently serving a state prison sentence.
The Department of Transportation's Office of the Inspector General began investigating the company's practices after Damon Diffenderfer was involved in a fatal vehicle crash April 1, 2001, on the New Jersey Turnpike near Exit 13.
According to the indictment, the married couple owned and operated G.W.D. Trucking Co., which transported goods in interstate commerce using tractor-trailers. Their son Damon was a truck driver for the company. The company paid its drivers based on the number of loads picked up and delivered for the company's customers, according to the indictment.
The indictment alleges that between October 2000 and May 2001, after learning of a pending Federal Motor Carrier Safety Administration investigation, the two Diffenderfers assisted G.W.D. truck drivers in concealing and destroying the original daily logs. The husband and wife encouraged and assisted company truck drivers to complete new logs, which falsely indicated the G.W.D. drivers were in compliance with the HOS regulations, according to the indictment, which contained 10 counts of alleged misbehavior.
Each count of the indictment carries a maximum statutory penalty of five years in prison and a fine of up to $250,000.
Meanwhile, DOT’s Office of the Inspector General announced that Shalat Baruch, a sales representative for All Points USA Relocation System, Pembroke Pines, FL, was ordered by a U.S. District Court judge in Fort Lauderdale, FL, to serve 84 months in prison and to pay $415,801 in restitution to defrauded customers.
Baruch was convicted in February 2004 on multiple counts of conspiracy, mail and wire fraud and extortion against multiple customers. This investigation was conducted jointly by the Office of the Inspector General and the FBI, with assistance from FMCSA.
