Biodiesel/Criminal Environmental Enforcement: U.S. Department of Justice Announces Conviction Of Biofuel Company Owners for Alleged Tax and False Statements Conspiracy

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Department of Justice (“DOJ”) announced in an April 23rd news release that two individuals were found guilty of:

  • One count of conspiracy to make false statements to the United States Environmental Protection Agency (“EPA”)
  • Six counts of making false statements to the EPA
  • One count of conspiracy to defraud the Internal Revenue Service (“IRS”)
  • One count of aiding and assisting in the filing of a false claim with the IRS

The individuals’ names in the news release were Ben T. Wootton and Race A. Miner. They were found guilty following a jury trial in Harrisburg, Pennsylvania .

The two individuals are stated to have co-owned and operated Keystone Biofuels, Inc. (“Keystone”). Keystone is stated to have purported to be a producer and seller of biodiesel (“i.e., a type of renewable fuel).

From August 2009 through September 2013 the two individuals are stated to have participated in a conspiracy to fraudulently generate renewable fuel credits – identified by renewable identification numbers on Keystone Fuel. Further, through January 2012 they were alleged to have fraudulently claimed tax refunds based on the Biodiesel Mixture Tax Credit – a federal excise tax credit for persons or businesses who mix biodiesel with petroleum and use or sell the mixture as a fuel.

A copy of the news release can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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