Westfield Transport ran pickups, car haulers and borrowed authorities in 2019. Seven years later the same model runs thousands of trucks behind carriers that swear they own one.
Rob, one question your Delilah series raises for me is whether FMCSA evaluated these cases for criminal referral—and if no referrals were made, why? FMCSA does not prosecute, but 49 U.S.C. § 521(b)(6)(A) already provides criminal penalties for knowing and willful violations of covered federal motor carrier safety requirements. For carriers and owners, death is not required.
Were referrals made and declined by DOJ, or did these cases never reach prosecutors? We need that distinction.
And in the push for Delilah’s Law, why wasn’t this existing criminal enforcement avenue strengthened as well—with clearer referral requirements, accountability for those decisions, and stronger penalties for knowing and willful violations? Keeping dangerous carriers off the road matters. So does holding the people who knowingly put them there accountable. A civil fine cannot remain an acceptable cost of doing business.
I think it depends on what the focus of the FMCSA was or is at a given time. I can say right now Shawn Duffy, Derek Barrs and this administration are focused on returning the FMCSA to an agency of enforcement. I will also say that the FMCSA doesn't have criminal powers. The FMCSA like you say has to refer to the OIG and the Justice Department etc., from my experience if the case isn't ironclad and clean to where they don't have to do any work then they're not driving it for criminal referral. That said, there's some seriously ironclad, dead to rights cases like the Gold Coast cases that are spam dunks and already sit with $1M fines and it's living his best life in South Florida.
I agree, Rob—it depends on the agency’s focus, which is exactly why I want the criminal referral process strengthened. Even imminent hazard determinations leave room for judgment. Accountability shouldn’t depend so heavily on who is interested in pursuing it at the time.
I’m a process person. I see gaps, then you bring receipts showing even bigger ones, and my reaction is: let’s get this tightened down, people. Clear criteria, documented referral decisions, and follow-through. At some point, we have to close the holes we keep watching people walk through, and give people like Barr who I think is the perfect fit for FMCSA leadership the tools to right the ship.
Rob, one question your Delilah series raises for me is whether FMCSA evaluated these cases for criminal referral—and if no referrals were made, why? FMCSA does not prosecute, but 49 U.S.C. § 521(b)(6)(A) already provides criminal penalties for knowing and willful violations of covered federal motor carrier safety requirements. For carriers and owners, death is not required.
Were referrals made and declined by DOJ, or did these cases never reach prosecutors? We need that distinction.
And in the push for Delilah’s Law, why wasn’t this existing criminal enforcement avenue strengthened as well—with clearer referral requirements, accountability for those decisions, and stronger penalties for knowing and willful violations? Keeping dangerous carriers off the road matters. So does holding the people who knowingly put them there accountable. A civil fine cannot remain an acceptable cost of doing business.
I think it depends on what the focus of the FMCSA was or is at a given time. I can say right now Shawn Duffy, Derek Barrs and this administration are focused on returning the FMCSA to an agency of enforcement. I will also say that the FMCSA doesn't have criminal powers. The FMCSA like you say has to refer to the OIG and the Justice Department etc., from my experience if the case isn't ironclad and clean to where they don't have to do any work then they're not driving it for criminal referral. That said, there's some seriously ironclad, dead to rights cases like the Gold Coast cases that are spam dunks and already sit with $1M fines and it's living his best life in South Florida.
I agree, Rob—it depends on the agency’s focus, which is exactly why I want the criminal referral process strengthened. Even imminent hazard determinations leave room for judgment. Accountability shouldn’t depend so heavily on who is interested in pursuing it at the time.
I’m a process person. I see gaps, then you bring receipts showing even bigger ones, and my reaction is: let’s get this tightened down, people. Clear criteria, documented referral decisions, and follow-through. At some point, we have to close the holes we keep watching people walk through, and give people like Barr who I think is the perfect fit for FMCSA leadership the tools to right the ship.