Summary of Criminal Prosecutions
FISCAL YEAR: 2013
1. PRINCIPAL DEFENDANT: Jeffrey David Gunselman
N.D. Texas 5:12-CR-00078-C-BG
N.D. Texas 5:12-CR-00078-C-BG
Gunselman was the owner of Absolute Fuels, LLC, dba Absolute Fuels, LLC (Absolute Fuels), which he formed in April 2009. He was also named as Governing Person and/or as Registered Agent for other business entities associated with Absolute Fuels, LLC, including Absolute Fuels, LLC; Absolute Milling, LLC; Ellipse Energy, LLC; 21 Investments, LLC; and YGOG Holdings, LLC. However, Gunselman admitted that these entities are solely alter egos of himself, as an individual, as he alone owns, manages, directs and controls each of them and each has no separate and distinct existence from him.
From September 2010 to mid-October 2011, Gunselman conducted 51 fraudulent transactions, which were transmitted by wire communications, that represented to the EPA that bio-diesel fuel had been produced at the Absolute Fuels facility in Anton, Texas, when in fact, no bio-diesel fuel had been produced. This ultimately resulted in Gunselman requesting and receiving payments, by electronic funds transfer, of approximately $41,762,236.
From September 2010 to mid-October 2011, Gunselman conducted 51 fraudulent transactions, which were transmitted by wire communications, that represented to the EPA that bio-diesel fuel had been produced at the Absolute Fuels facility in Anton, Texas, when in fact, no bio-diesel fuel had been produced. This ultimately resulted in Gunselman requesting and receiving payments, by electronic funds transfer, of approximately $41,762,236.
August 8, 2012
The defendant was charged with 4 counts of violating the CAA {42 U.S.C. 7413(c)(2)(A) - knowingly makes any false material statement}; 51 counts of wire fraud, a violation of 18 U.S.C. 1343 and 24 counts of money laundering, a violation of 18 U.S.C. 1957.
He pled guilty to the charges.
CITATION: 18 U.S.C. 1343, 18 U.S.C. 1957, 42 U.S.C. 7413(c)(2)(A)
March 29, 2013
Gunselman was sentenced to 188 months incarceration, fined $175,000 and ordered to pay more than $54.9 million in restitution.
Read more in the EPA Press Release.
STATUTE:
- Clean Air Act (CAA)
- Title 18 U.S. Criminal Code (TITLE 18)