2 more Hoosiers plead guilty to RIN, tax credit fraud

The owners of an Indiana biofuel producer pleaded guilty to conspiracy, fraud and false statements for participating in a scheme that generated more than $60 million in fraudulent tax credits and U.S. EPA renewable fuels credits, or RINs, at Triton Energy LLC, a company that purported to produce and sell biofuel for use as transportation fuel.  Fred Witmer, 46, and Gary Jury, 58, pleaded guilty before U.S. District Magistrate Judge Magistrate Judge Susan Collins of the Northern District of Indiana, announced Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division, Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance, Special Agent in Charge Kathy A. Enstrom for the Internal Revenue Service-Criminal Investigation and Special Agent in Charge W. Jay Abbott of the FBI’s Indianapolis Field Office.  According to their pleas, Witmer and Jury were co-owners of Triton Energy LLC and Gen2 Renewable Diesel LLC, both located in Waterloo, Indiana. Witmer admitted to participating in a scheme with other co-conspirators to fraudulently claim tax credits and RIN credits on nonqualifying renewable fuel. Although the credits required that the fuel be used domestically for transportation, Witmer admitted selling it for uses that included the production of fire starter logs and asphalt and also for power generation. Jury admitted to participating in a conspiracy to fraudulently claim tax credits and to providing false statements to the EPA.