Trucking owner convicted of filing fraudulent documents, statements with FMCSA

A jury has convicted a New York trucking owner of filing fraudulent documents and making false statements to a federal agency.

On June 21, a federal jury in the U.S. District Court for the Western District of New York found Tony Kirik, also known as Anatoliy Kirik, guilty on seven counts of providing false documents and information to the Federal Motor Carrier Safety Administration in an attempt to conceal an unsatisfactory safety rating.

Among the charges were:

• Conspiracy to defraud the United States and FMCSA
• Knowingly making and using materially false and fraudulent documents in a matter within the jurisdiction of the federal government
• Falsification of a record with the intent to impede, obstruct and influence FMCSA’s investigation
• Making and aiding and abetting in the making of false statements to an FMCSA investigator

According to federal prosecutors, Kirik went to “extensive efforts” to avoid having the “conditional” safety rating assigned to Orange Transportation Services, Inc. carry forward to a new company he established, which operated as Dallas Logistics, Inc.

“The defendant’s motive in this case is greed,” prosecutors said in their trial brief. “Among other impacts, the defendant would have lost significant revenue from clients for having a Conditional Rating by the USDOT.”

Court documents show Kirik used a dozen “chameleon carriers” – opened under various family members’ names and an employee’s name – to operate his trucking business while concealing the connection between those entities from federal investigators. Of those entities, Dallas Logistics became the smoking gun in the case.

In addition to filing fraudulent documents and false statements, Kirik orchestrated an “elaborate ruse” by setting up a fake office for the business and inviting FMCSA to conduct a compliance audit at the false address, according to prosecutors.

The charges carry a maximum penalty of five years in prison and a $250,000 fine. Sentencing in the case is scheduled for Oct. 28. LL