Source:
The Mercury News of San Jose,
Calif.
Indictments Unsealed Against 23 Drivers and Carrier
Execs in California HOS Investigation
12/8/2004
The Mercury News of San Jose, Calif. reported Tuesday
that some trucking companies from the state’s Central
Valley, their drivers and executives are facing criminal
charges after an 18-month investigation showed
falsification of drivers' logs.
One company has pleaded guilty, three companies were
indicted by a federal grand jury, and twenty-three
people were charged, according to records unsealed in
Fresno's U.S. District Court on Monday.
Officials said the investigation intensified after a
gruesome September 2003 accident in which a Fresno-area
driver fell asleep at the wheel and killed an Arizona
man and his son.
The court records showed that drivers would sometimes
work through days they had reported as time off or time
spent sleeping. Many of the accidents are caused by
tired drivers, unsafe rigs, or untrained operators, said
Assistant U.S. Attorney Marlon Cobar.
Meanwhile, the Fresno Bee reported that two companies
admitted guilt to criminal charges in Fresno federal
court as part of the investigation.
Ore-Cal Livestock Inc., through its attorney Anthony
Capozzi, pleaded guilty last week to criminal felony
charges linked to falsifying drivers' daily logs and
agreed to pay more than $1 million in fines and
penalties.
As part of a plea deal, Ore-Cal, whose sister company,
Beef Packers Inc. of Fresno, earlier entered a plea to
misdemeanor charges, was fined $25,000, paid a $2,000
special assessment and also was ordered to pay $50,000
to the DOT's Office of Inspector General for its cost in
the investigation.
But the company's big hit was $1 million, which it
agreed to pay the California Highway Patrol's commercial
vehicle section in $200,000 installments over five
years, beginning Jan.10. Beef Packers was fined $5,000.
Both companies, headed by Mike Pestorich and Dennis Roth
of Fresno, agreed to hire a safety compliance officer to
ensure they follow laws and regulations. The companies
also face five years probation. The companies were
charged with falsifying logs of drivers by lying about
hours, days off or whereabouts on certain dates.
For example, in one Ore-Cal driver's log on May 9 of
last year, it was reported that he had driven from
Coalinga to Fresno and back to Coalinga when he was
actually in Mill City, Nev.
According to the Ore-Cal plea agreement signed by
Pestorich, the company would haul cattle in commercial
trucks from Western states to Beef Packers' Fresno plant
for slaughtering and meat processing.
Capozzi said Ore-Cal stopped its trucking operation
after the investigation began and contracted out its
work.
"As soon as the investigation started, they recognized
there were violations and came forward and fully
cooperated," he said.
The felony indictments unsealed Monday, following a
series of weekend arrests by federal agents, charged
three other companies: Niijar Brothers Trucking Inc., NB
Trucking Inc. and Semper Truck Lines Inc.
Niijar Brothers is named in a 76-count indictment that
also includes its president, Surrinder Singh Niijar, 38.
Others named are Amritpal P. Singh, 36, a principal of
the company; Sukhwinder Singh, 32, the dispatcher and
safety director; and Gurdeep Singh, 29, a dispatcher.
Drivers for Niijar Brothers who were indicted are:
Muhammad Arshid Chaudhry, 57; Pedro Farias, 36; Greg
Allen Mello, 51; Tarsem Singh Pahal, 43; Bhinder Singh
Raju, 45; Baljinder Singh, 30; Daljit Singh, 32; Jaswant
Singh, 25; and Jaspreet Singh, 25.
Three other companies were named in the felony
indictments: Niijar Brothers Trucking Inc., NB Trucking
Inc. and Semper Truck Lines Inc.
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