Welcome to Spodek Law Group. Our goal is to give you the reality of what happens when federal investigators start looking at your trucking company - not the sanitized version regulators present, not the reassuring fiction insurance companies tell, but the actual truth about what you're facing and why the next few weeks will determine the next few years of your life.
Here's what nobody explains until it's too late: Federal investigators aren't trying to figure out what happened. They already know what happened. What they're doing now is looking BACKWARDS through your records to find the pattern of violations that PREDICTED this outcome. The investigation isn't about the accident or the incident that triggered this. It's about proving you KNEW - or should have known - that something like this was going to happen. And every compliance record you ever kept is about to become evidence of exactly that.
That letter you received, whether it's from FMCSA, the DOT Office of Inspector General, or a U.S. Attorney's Office, didn't arrive at the beginning of anything. By the time that letter reached your desk, investigators had already subpoenaed your bank records. They had already contacted your drivers. They had already pulled your SMS scores and compliance history. They had already built a theory of what you did wrong and why you should have stopped it. You are not at the starting line of this investigation. You are months behind.
What The Letter Actually Means
Here is the thing most trucking company owners fail to understand: that official notice represents the END of the quiet phase, not the beginning of the investigation. Federal investigators spent weeks or months gathering evidence before they ever sent you anything. They obtained bank records without your knowledge. They interviewed former employees who had grievances. They pulled inspection histories going back years. The notice you hold in your hand is not an invitation to explain yourself. It is notification that they have already decided to move forward.
If your letter is on FMCSA letterhead discussing SMS scores and operating authority, that is technically a civil matter. But civil matters become criminal matters faster then most people realize. If there is a fatality involved, if there is a pattern of violations, if they think you were deliberately ignoring safety rules - one phone call from FMCSA to DOJ changes everything. That civil compliance review transforms into a criminal investigation overnight.
What starts as a state roadside citation becomes federal when FMCSA picks it up. What starts as a civil enforcement action becomes criminal when it is referred to the Justice Department. The categories are not stable. They shift. And by the time you understand which category your in, critical decisions have already been made. Prosecutors have already evaluated whether your violations fit their patterns for criminal prosecution. Insurance companies have already begun their own investigations with their own agendas. Former employees have already been approached with cooperation offers.
The Pattern They're Looking For
Federal prosecutors have a formula. It is not written down anywhere official, but defense attorneys who handle these cases know it cold: Three or more serious safety violations within 24 months, plus one fatality, equals criminal referral for personal prosecution of the company owner.
Not prosecution of the company. Personal prosecution of YOU.
DOJ has made it a priority to prosecute trucking company executives personally when there is a pattern of safety violations that lead to deaths. This is not theoretical. Todd Spodek has seen this pattern in case after case. Owners who thought they were running legitimate operations discovered that violations they considered minor - hours of service problems, driver qualification issues, maintenance deferrals - became evidence of criminal negligence when someone died. The prosecutor did not need to prove the owner caused the accident. They needed to prove the owner KNEW about risks and failed to address them.
The Department of Justice does not care that you did not personally falsify an ELD record or skip a drug test. What they care about is wheather you knew these things were happening and failed to stop them. Documented knowledge equals criminal liability. And in trucking, everything is documented. Every log entry. Every inspection report. Every maintenance record. Every dispatch communication. Every text message between you and your drivers. The paper trail stretches back years, and prosecutors have access to all of it.
Consider what happened with Dunyadar Gasanov and Westfield Transport. His driver killed seven motorcycle club members in New Hampshire. The driver faced his own charges. But investigators did not stop there. They went backwards through company records. They found the pattern - violations that predicted disaster. Gasanov was sentenced separately in federal court in November 2024. The crash happened because of the driver's actions, but the owner was prosecuted for what he KNEW before the crash ever happened.
Why Your Compliance Records Are Now Evidence Against You
This is the paradox that destroys trucking company owners: The more records you kept trying to be compliant, the more ammunition investigators have to prove you KNEW about violations and did nothing about them.
Stop. Read that again.
Your ELD data shows every hours-of-service violation. Timestamped. Undeniable. Your Drug and Alcohol Clearinghouse entries show every positive test, every return-to-duty process, every driver who should not have been behind the wheel. The DOT OIG calls the Clearinghouse a "goldmine for investigators." Your required by law to create the very evidence they use to prosecute you. The irony is brutal: compliance systems designed to protect drivers create prosecution roadmaps against owners.
Your driver qualification files show exactly when you learned a driver had problems. Your maintenance records show exactly when you knew about mechanical issues. Your dispatch logs show exactly when you pushed drivers to make impossible deadlines. Every piece of compliance documentation you ever created is now a timestamped record of what you knew and when you knew it. Investigators lay out the timeline showing violation after violation, each one documented by YOUR systems, proving you saw the warnings and kept operating anyway.
CRITICAL WARNING: Do NOT delete emails. Do NOT destroy documents. Do NOT "clean up" files. Evidence destruction is obstruction of justice - a seperate federal crime that carries its own prison sentence, even if the underlying violations were only civil.
The instinct to make records "look better" has destroyed more trucking company owners than the original violations ever would have. When investigators find gaps in documentation - files that should exist but mysteriously do not - they assume the worst. When they discover metadata showing documents were modified after the investigation began, obstruction charges follow. One trucking owner faced two years for the underlying violation and five years for the cover-up attempt. The cover-up is always worse then the crime.
The Chameleon Carrier Trap
Heres were people get themselves into real trouble. DOT issues an out-of-service order. Operating authority is revoked. The natural instinct is to think: OK so I will just start a new company. Put it in my wifes name. My brothers name. Use a different address. Get new DOT numbers. Start fresh.
This is called "chameleon carrier" fraud. And FMCSA has been tracking it for years.
They have algorithms - called ARCHI and "similarity scores" - that detect when a company shuts down and reopens under a new name. They look at the address. The trucks. The drivers. The insurance policies. The bank accounts. Who is actualy running things versus whose name appears on paper. The algorithm flags patterns that human investigators then verify. And they are very good at this.
A Texas trucking owner learned this the hard way. FMCSA declared him an "imminent hazard" in February 2022. His response? Register 11 new companies under the names of friends, romantic partners, family members. When investigators figured it out - and they always figure it out - he allegedly falsified records and engaged in witness tampering trying to cover it up. What started as safety violations became a federal criminal conspiracy with multiple defendants.
The wire fraud charges alone carry 20 years. False statements to federal investigators add another 5. Witness tampering stacks on top. What started as civil safety violations became a federal criminal conspiracy that could result in decades of imprisonment.
Roderick Billingslea tried the same thing in Georgia. DOT ordered his company shut down in 2020 due to safety violations. He filed registrations with false owners and fake addresses, even funded operations with PPP loan money he fraudulently obtained. Result? 30 months federal prison. Nearly $600,000 in restitution. His trucking career is permanantly over. The business he built over years destroyed not by the original violations but by his attempt to evade them.
WARNING: If your thinking about "starting fresh" with new DOT numbers under different names, stop. This converts civil violations into federal criminal charges. The solution is worse then the problem.
Your Employees Are Already Talking
Heres an uncomfortable truth most owners do not want to hear: By the time you learn about an investigation, your employees may have been talking to investigators for weeks. Sometimes months. Sometimes the investigation started because an employee made the first call.
Federal agents approach drivers, dispatchers, mechanics. They offer cooperation deals. "Tell us what you know about the company, and we will go easier on you when we file charges against you for your role in this." Employees facing their own liability - for falsifying logs, for ignoring maintenance issues, for covering up violations - have every incentive to shift blame upward. Cooperation with prosecutors can mean the difference between prison time and probation.
Your dispatcher who fudged the ELD records? Cooperating. Your mechanic who signed off on trucks that werent actualy fixed? Cooperating. Your driver who you told to "make it work" when the hours did not add up? Definitely cooperating. They have families too. They have mortgages. They do not want to go to prison for following your instructions. So they tell investigators everything, and "everything" includes conversations you forgot happened and instructions you do not remember giving.
The investigation may have started with someone inside your company. Disgruntled employees tip off FMCSA all the time. Someone you fired. Someone you did not pay what they thought they deserved. Someone who got scared after an accident and decided to protect themselves before protecting you. Whistleblower protections mean they face no consequences for reporting, and prosecutors treat their testimony as credible precisely because they were inside the operation.
Once an employee becomes a cooperator, they provide testimony that you "knew" about violations. They describe conversations. They produce text messages and emails you forgot existed. They paint a picture of deliberate disregard for safety rules that you never intended but that looks damning on paper.
And heres the worst part: Once the government has cooperating witnesses, your own cooperation window starts closing. The value of what you have to offer diminishes with every employee who gets there first. Wait too long, and cooperation is not an option anymore. Your going to trial with insider testimony lined up against you, people who worked for you describing in detail the decisions you made and why those decisions put lives at risk.
The Parallel Proceedings Nightmare
Most trucking company owners do not realize they can face multiple proceedings simulataneously - and statements made in one can be used against you in all the others. This is the parallel proceedings trap, and it destroys people who do not understand how it works.
You might be dealing with FMCSA civil enforcement seeking fines and operating authority revocation. State criminal charges for negligent homicide or vehicular manslaughter. Federal criminal charges for wire fraud or false statements. Civil wrongful death suits from victims families with aggressive plaintiff attorneys. Insurance coverage disputes from your own carrier who wants to avoid paying claims. Professional licensing issues if you hold any certifications. Tax audits triggered by suspicious activity reports your bank filed.
All at once. All with different lawyers asking you questions. All with different rules about what you have to disclose and what consequences flow from your answers.
At Spodek Law Group, we have seen clients destroy themselves by treating these as seperate problems with seperate solutions. They talk freely in the FMCSA proceeding because "it is just civil." Then prosecutors subpoena those transcripts and use those statements in the criminal case. They cooperate with insurance company investigators thinking they are on the same side. Then discover the insurance company has seperate interests and has been sharing information with federal investigators to limit their own exposure.
Your insurance company has different lawyers then you do. Different interests. Different strategies. They may cooperate with prosecutors if it helps them avoid paying a civil judgment. The "team" you think you have is not actually a team.
Everything connects. Nothing stays in its lane.
What To Do In The First 48 Hours
The decisions made in the first 48 hours after you learn about an investigation determine wheather you face fines or federal prison. This is not hyperbole. This is how these cases work.
First: Stop talking. Not to FMCSA investigators. Not to DOT inspectors beyond what is legally required during a roadside inspection. Not to DOJ prosecutors at all. Not to your employees about the investigation. Not to your insurance company without understanding the implications. You have a Fifth Amendment right to remain silent. Use it. Silence cannot be held against you. Talking can and will be.
Second: Get a criminal defense attorney - not a regulatory compliance consultant, not a transportation lawyer who handles civil matters. Consultants are not protected by attorney-client privilege. Everything you tell them can be subpoenaed. Everything they discover in their "audit" becomes evidence the prosecution can use. If there is any possibility this goes criminal, and there is almost always that possibility when fatalities or patterns are involved, you need a criminal defense attorney from day one. The wrong type of lawyer at the start can cost you everything.
Third: Preserve everything. The instinct to clean up files, delete embarrassing emails, or "organize" records is evidence destruction. Obstruction of justice. A seperate federal crime. Preserve everything exactly as it is, even the things that look bad. Especially the things that look bad. Let your attorney evaluate what matters. Your job is to ensure nothing disappears.
Fourth: Stop any ongoing violations immediately. If there is conduct that is still happening - hours of service problems, unqualified drivers on the road, maintenance issues being deferred - stop it now. Continuing violations during an investigation makes everything exponentialy worse. Prosecutors will argue you knew about the investigation and kept violating the law anyway.
Fifth: Understand the timeline. You have 30 days from receiving notice to pursue informal resolution under 49 CFR 386.12. You have 90 days to challenge violations through the DataQs system. These windows are firm. Missing them eliminates options that could have made the difference between civil resolution and criminal prosecution.
The Real Cost
Federal conviction does not just mean prison time, though that alone can be 5-20 years depending on charges. It means losing your CDL permanently. Losing your operating authority forever. Having insurance canceled with no prospect of reinstatement. Watching contracts void. Bankruptcy. Personal assets seized through forfeiture proceedings that take your house, your vehicles, your bank accounts. Your family suffers the collateral damage of choices you made years ago coming back in the worst possible way.
Todd Spodek tells clients something they do not want to hear: by the time prosecutors bring federal trucking charges, they have already built a case they beleive they can win. The federal conviction rate exceeds 90%. They do not take cases to trial unless they are confident. This is not like state court where prosecutors might overcharge and negotiate. Federal prosecutors have resources, patience, and institutional incentives to win every case they bring.
But that does not mean defense is hopeless. It means defense has to be strategic. Understanding what investigators are actualy looking for - the pattern, the knowledge, the deliberate disregard - makes it possible to challenge their theory of the case. Documenting compliance efforts that prosecutors missed or minimized. Challenging the evidence chain and how documents were obtained. Negotiating cooperation that actually protects you rather than just making you a witness against others with no guarantees for yourself.
Why This Matters Right Now
Every day you wait is evidence accumulating against you. Every conversation you have without understanding the stakes is a potential admission. Every employee who talks to investigators before you do shifts the balance further in the prosecution's favor.
The government had months to prepare. You have days. Maybe hours.
At Spodek Law Group, we handle federal trucking investigations from the moment you learn something is wrong through final resolution - wheather that means successfully defending against charges at trial, negotiating civil penalties that preserve your operating authority, protecting your business through the investigation process, or achieving the best possible outcome in a criminal case when conviction is likely. We understand how FMCSA enforcement works, how DOJ prosecution works, and how to navigate both simultaneously without statements in one proceeding destroying your position in another.
The investigation already started. The question is what happens next.
Call 212-300-5196. The next 48 hours matter more than you think.
