Biofuel Company Owners Sentenced $60 million in fraudulent tax credits

The co-owners of an Indiana biofuel producer were sentenced today in the Northern District of Indiana by Senior Judge James T. Moody, announced the Justice Department.

Fred Witmer, 46, and Gary Jury, 58, of Triton Energy LLC and Gen2 Renewable Diesel LLC 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. According to their pleas, Witmer and Jury generated over $60 million in fraudulent tax credits and U.S. Environmental Protection Agency (EPA) renewable fuel credits (RIN credits). Witmer admitted to fraudulently claiming tax credits and RIN credits on non-qualifying renewable fuel and to deceiving the purchasers of his RIN credits. Although Witmer represented that the fuel was used as transportation fuel, he admitted selling it to be made into fire starter logs and for asphalt and cement production. Jury admitted conspiring to fraudulently claim tax credits and to providing false statements to the EPA.

“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 of the Justice Department’s Environment and Natural Resources Division. “These crimes have been prosecuted to the fullest extent, and our actions here demonstrate that the Justice Department will continue to prosecute fraud in the RIN markets.”

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