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.

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