On October 6, 2008, the FMCSA ordered Georgia-based carrier Lewis Trucking to immediately cease all operations, declaring the carrier an imminent hazard to the public’s safety.
In 2011, the owner, Devasko Dewayne Lewis, 34, allegedly ignored the orders and continued operating under a fraudulent name. The U.S. Attorney’s office for the Middle District of Georgia claims that Lewis formed DDL Transport and operated under a DOT permit issued to another company Fisher owned called DL Transport, WALB reported.
On May 16, 2013, Lewis was indicted by a Federal Grand Jury in Macon, Georgia on charges of making false statements in a matter with the jurisdiction of a federal agency in violation of Title 18 and conspiracy to continue operating after the imposition of an out -of-service order.
If convicted, Lewis faces up to 5 years in prison, a $250,000 fine and three years of probation, plus a mandatory fine of $100.00 as to each of the false statement counts.
In addition, for the charge of conspiracy, Lewis faces1 year in jail, up to a $25,000 fine or both, and up to one (1) year supervised release, $25 mandatory assessment fee of $25.
December 21, 2011- Press Release U.S. Attorney’s Office for the Middle District of Georgia:
Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that Devasko Dewayne Lewis , age 33, of Cordele, Georgia, was taken into federal custody and appeared before United States Magistrate Judge Stephen Hyles in Columbus, Georgia for initial appearance and bond proceedings on December 21, 2011. Lewis and his trucking company, DDL Transport, LLC, were indicted by a federal grand jury in November 2011, on one count of making a False Statement and seven counts of Continuing Operation after Imposition of an Out-Of-Service Order.
The indictment alleges that Lewis made a false statement in an application for motor carrier authority, Form OP-1, filed on July 12, 2011, with the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMSCA) when he stated that he not had had a relationship with another motor carrier within the last three years despite having operated Lewis Trucking Company, which had been ordered out of service based safety violations which posed imminent safety hazard. The remaining seven counts allege that Lewis and DDL Transport, LLC, knowingly and willfully operated commercial motor vehicles in Georgia on seven occasions although they were precluded from operations based on the an imminent hazard out-of-service order issued because of numerous record-keeping and safety violations in their trucking operations posed an imminent threat to public safety.
The False Statement charge, a violation of Title 18, United States Code, Section 1001, carries a maximum penalty of five (5) years imprisonment, a maximum fine of $250,000, and up to three (3) years supervised release. Each of the counts of Continuing Operation after Imposition of an Out-of-Service Order, violations of Title 49, United States Code, Section 521, carries a maximum penalty of one (1) year imprisonment, a maximum fine of $25,000, and up to one (1) year of supervised release.
An indictment is only an accusation and the accused is presumed innocent until proven guilty at trial.
The case was investigated by agents of the United States Department of Transportation, Office of the Inspector General with assistance of the Federal Motor Carrier Safety Administration. The case is being prosecuted by Assistant United States Attorney Robert D. McCullers.
Questions concerning this case should be directed to Sue McKinney, Public Affairs Specialist, United States Attorney’s Office, at (478) 621-2602.