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Criminal Enforcement: Biofuel Company Owners Sentenced for Conspiracy and Fraud Charges

July 21, 2017

By: Walter G. Wright

Category: Arkansas Environmental, Energy, and Water Law

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The United States Department of Justice (“DOJ”) issued a July 18th news release stating that two owners of a biofuel company had been sentenced in the Northern District of Indiana for alleged conspiracy and fraud charges.

The individuals referenced in the news release were Fred Witmer and Gary Jury of Triton Energy, LLC and Gen2 Renewable Diesel, LLC.

The two individuals were stated to have pleaded guilty to conspiracy, fraud, and false statements in October 2016. Witmer and Jury were sentenced to 57 months in prison and 30 months in prison, respectively.

The news release states that Witmer and Jury pleas referenced a generation of over $60 million in fraudulent tax credits and United States Environmental Protection Agency (“EPA”) renewable fuel credits (“RIN”).

One individual is stated to have admitted to fraudulently claiming tax credits and RIN credits on a non-qualifying renewable fuel and to deceiving the purchasers of his RIN credits. He was stated to have represented that the fuel was used as transportation fuel but admitted selling it to be made into fire starter logs and for asphalt and cement production.

The other individual is stated to have admitted to conspiring to fraudulently claim tax credits and providing false statements to EPA.

A copy of the news release can be downloaded here.

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