The U.S. Department of Justice has directed federal prosecutors to halt criminal cases involving “diesel delete” emissions tampering, while simultaneously, victim service providers in Pennsylvania face budget cuts due to record-low deposits into the federal Crime Victims Fund during the second Trump administration.
DOJ Shifts Enforcement Policy on Diesel Emissions
In a significant pivot from decade-long enforcement priorities, the Department of Justice has ordered federal prosecutors to drop all pending criminal cases and cease new prosecutions related to tampering with emissions control software under the Clean Air Act. The directive, issued via a memo from Deputy Attorney General Todd Blanche, specifically targets the practice of using “defeat devices” to bypass onboard diagnostic systems.
The DOJ Environment and Natural Resources Division announced the policy shift on X on January 21, 2026, stating the department is exercising its enforcement discretion to no longer pursue criminal charges under the Clean Air Act based on allegations of tampering with onboard diagnostic devices in motor vehicles.
While this move effectively ends federal criminal pursuit of such cases, it does not legalize the practice. Civil enforcement by the Environmental Protection Agency and state regulators remains active.
Impact on Trucking Fleets and Regulatory Compliance
For heavy-duty fleet owners, the change in criminal enforcement does not signal a regulatory green light. The U.S. Department of Justice has ordered federal prosecutors to stop pursuing criminal cases tied to diesel emissions “defeat devices,but that doesn't mean heavy-duty truck owners and aftermarket shops should start making plans for
diesel delete” kits. Allen Schaeffer, executive director of the Engine Technology Forum, warned that fleets ignoring emissions standards still face substantial risks, including the inability to resell tampered vehicles and potential complications with insurance providers that may question whether original equipment manufacturer systems remain intact.”
The policy change follows a presidential pardon last fall granted to Troy Lake, the owner of Elite Diesel Service Inc. Lake had previously pleaded guilty in 2024 to conspiring to violate the Clean Air Act by disabling emissions monitoring components on hundreds of commercial trucks. Between 2017 and 2020, Lake’s operation—along with eight co-conspirators—had systematically bypassed diagnostic systems required to monitor hardware performance.
Funding Declines for Pennsylvania Crime Victim Services
While the federal government recalibrates its criminal enforcement priorities, state-level agencies are grappling with the financial fallout of reduced deposits into the federal Crime Victims Fund. In Pennsylvania, the Office of Victims’ Services has warned local providers to prepare for a 7.5% reduction in grants starting this fall, according to reporting by Spotlight PA.
The fund, established in 1984, relies on fines and penalties collected from federal white-collar crime prosecutions. With the current administration issuing frequent pardons and pulling back on white-collar enforcement, contributions have hit their lowest level since his first term. Kathy Buckley, director of the Pennsylvania Office of Victims’ Services, noted that providers are already cutting staff, emergency housing, and legal services to manage the shortfall.
“Domestic violence victims who call in the middle of the night, who have been strangled, they try to get them to a shelter so they can feel safe,” Kathy Buckley, director of Pennsylvania’s Office of Victims’ Services, said of this type of support. “Rape victims, if they go to the hospital to get a forensic rape exam, the sexual assault agency is there to accompany them.”
Kathy Buckley, director of Pennsylvania’s Office of Victims’ Services
Global Trends in Corporate Bribery Enforcement
The volatility in the Crime Victims Fund is tied to the shifting nature of federal corporate settlements. According to Corporate Crime Reporter, the United States has transitioned toward a model of global Foreign Corrupt Practices Act (FCPA) settlements. In these cases, the U.S. coordinates with foreign governments to share the proceeds of penalties rather than retaining them unilaterally.
In the Oderbrecht case, for example, the U.S. credited the majority of the penalties to Brazilian authorities, retaining only 10% for itself. While this coordination allows for broader international cooperation in prosecuting multinational corporations, it also alters the flow of funds back into U.S. coffers—and by extension, the federal accounts that support domestic victim services. As these global settlements become the standard for blockbuster corporate bribery cases, the volatility of domestic funding streams—which peaked in fiscal 2017 following a $2.8 billion Volkswagen settlement—remains a persistent challenge for state-level agencies reliant on federal allocations.
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