ROCHESTER, NY – Tony Kirik, 39, of Rochester, New York, is being prosecuted for allegedly plotting to misrepresent and plead with the Federal Motor Carrier Safety Administration of the US Department of Transportation. The indictment has a maximum sentence of five years in prison and a fine of $ 250,000.

U.S. Assistant Attorney John J. Field, who handles the case, stated that Kirik owned and controlled a trucking company called Dallas Logistics, according to a criminal complaint. The company was put in the name of a nominated owner to hide the fact that it was affiliated with another freight forwarding company, Orange Transportation, which Kirik also controlled.

Orange Transportation had received a negative rating from the Department of Transportation, and that negative rating would have been applied to Dallas Logistics had the true relationship between the two companies been disclosed to the Federal Motor Carrier Safety Administration. To prevent the government from learning that the two companies are linked and connected, Kirik directed his staff to create false documents and representations and submit them to the FMCSA.

The defendant first appeared before US Judge Marian W. Payson on Wednesday and was released.

The criminal complaint is the result of an investigation by Special Agents of the Department of Transportation, Inspector General’s Office, under the direction of Special Agent in Charge Douglas Shoemaker, Northeast Region, and the Internal Revenue Service, Criminal Investigation Department, under the direction of Jonathan D. Larsen, Special Agent in Charge, New York Field Office.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant will be presumed innocent until proven guilty.