Two biofuel company co-owners in Indiana have been sentenced for their roles in a massive conspiracy and fraud scheme. Fred Witmer, 46, and Gary Jury, 58, co-owners of Triton Energy LLC and Gen2 Renewable Diesel LLC, were sentenced to 57 months in prison and 30 months in prison, respectively, by Senior Judge James T. Moody in the Northern District of Indiana.
The pair pleaded guilty in October 2016 to conspiracy, fraud, and false statements charges. As part of their plea agreements, Witmer and Jury admitted to generating over $60 million in fraudulent tax credits and U.S. Environmental Protection Agency (EPA) renewable fuel credits (RIN credits).
According to their pleas, Witmer and Jury claimed tax credits and RIN credits on non-qualifying renewable fuel, and deceived the purchasers of RIN credits. Witmer admitted to selling the fuel to be made into fire starter logs and for asphalt and cement production, despite representing that it was used as transportation fuel.
The investigation into the scheme was conducted by the FBI’s Indianapolis Division, the IRS’ Criminal Investigation Indianapolis Field Office, and the EPA’s Criminal Investigation Division. The government is represented by Environmental Crimes Section Trial Attorney Adam Cullman and Senior Trial Attorney Jeremy Korzenik.
The sentencing of Witmer and Jury sends a strong message that there are serious consequences for defrauding the federal government and taxpayers. ‘The defendants purposefully defrauded the federal government, taking illegal advantage of a program created by Congress to help our nation achieve energy, economic, and environmental goals,’ said Acting Assistant Attorney General Jeffrey H. Wood.
The case is a reminder that the Justice Department will continue to prosecute fraud in the RIN markets. ‘Fred Witmer and Gary Jury used their company, Triton, to run a sophisticated shell game and exploit the Alternative Fuel Credit program,’ said Chief Don Fort of the Internal Revenue Service’s Criminal Investigation.
Defendant: Triton Energy LLC, Fred Witmer, and Gary Jury
Criminal Charges: Conspiracy, fraud, and false statements
City and State: Indiana
Exact Date: October 2016
Sentence or Outcome: 57 months in prison (Fred Witmer), 30 months in prison (Gary Jury)
Dollar Amounts: Over $60 million in fraudulent tax credits and EPA RIN credits
Key Facts
- State: Indiana
- Category: White Collar Crime
- Source: DOJ Press Release â†â€â€
ðŸâ€Â’ Get the grimiest stories delivered weekly. Subscribe free →
MORE FEDERAL CRIME NEWS
White Collar CrimeWhite Collar CrimeWhite Collar CrimeWhite Collar Crime