United States v. Jeffrey Wilson

879 F.3d 795
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 12, 2018
Docket17-1076
StatusPublished
Cited by11 cases

This text of 879 F.3d 795 (United States v. Jeffrey Wilson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jeffrey Wilson, 879 F.3d 795 (7th Cir. 2018).

Opinion

Ripple, Circuit Judge.

A grand jury indicted Jeffrey Wilson, in a twenty-one-count indictment, with the following offenses: (1) fraud in connection with the purchase or sale of securities, in violation of 15 U.S.C. §§ 78j(b) and 78ff, and 17 C.F.R. § 240.10b-5 (Count 1); (2) fraud in the offer or sale of securities, in violation of 15 U.S.C. §§ 77q(a) and 77x, and 18 U.S.C. § 2 (Count 2); (3) material false statements in required Securities and Exchange Commission (“SEC”) filings, in violation of 15 U.S.C. § 78ff and 18 U.S.C. § 2 (Counts 3-9); (4) wrongful certification of annual and quarterly reports by a corporate officer, in violation of 18 U.S.C. § 1350(c)(1) (Counts 10-14); (5) material false statements by a corporate officer to an accountant, in violation of 15 U.S.C. §§ 78m(b)(5) and 78ff, 17 C.F.R. §§ 240.13b2-2(a) and 240.13b2-2(b), and 18 U.S.C. § 2 (Counts 16-17 and 19-20); and (6) false statements to Government investigators, in violation of 18 U.S.C, § 1001 (Count 21). ' •

A jury convicted Mr, Wilson on all charges. He then filed a motion under Federal Rule of Criminal Procedure 29(c) for acquittal on all counts, contending that the Government had failed to present evidence sufficient to prove his guilt beyond a •reasonable doubt. The district court denied the motion. It then sentenced Mr. Wilson to 120 months’ imprisonment for Counts 1, 3-14, 16-17, and 19-20, and to 60 months’ imprisonment for Counts 2 and 21, all to run concurrently. The court also imposed 18 months’ supervised release per count, each to be served concurrently. The court ordered Mr. Wilson to pay $16,468,769.73 iii restitution and a $1,900 assessment.

Mr. Wilson now appeals and renews his challenge to the sufficiency of the evidence. He contends that the Government failed to prove beyond a reasonable doubt that he had the requisite mens rea to commit the charged offenses. After hearing oral argument and carefully examining the record, we cannot accept this argument. None, of Mr. Wilson’s contentions reach the high threshold of showing that a reasonable jury could not have found him guilty. When viewed in the light most favorable to the prosecution, the evidence adequately supports the jury’s finding that Mr. Wilson acted knowingly and willfully when making false statements to investors, regulators, an outside accountant, and Government agents. It also supports the reasonable inference that Mr. Wilson was aware of and participated in a fraudulent tax scheme called “Alchemy.” Accordingly, we affirm the judgment of the district court. -

I

BACKGROUND

A. Facts 1

Mr. Wilson was the Director, Chairman of the Board, President, and Chief Executive Officer of a public company called Imperial Petroleum, Inc. (“Imperial”) from May 2010, to November 2011. In May 2010, Imperial acquired e-Biofuels, LLC (“e-Bio”), a biofuel company owned previously by Craig Ducey, Chad Ducey, and Brian Carmichael. Craig and Chad are brothers; Carmichael is related to them by marriage. A third brother, Chris Ducey, handled transportation logistics for e-Bio. 2

Prior to its acquisition by Imperial," e-Bio had developed a fraud scheme called Alchemy. It involved purchasing biodiesel from a third party and then reselling it to customers as though it had been produced originally by e-Bio. This.scheme was profitable because it allowed the company to take advantage of government incentives for renewable-energy production without actually expending production costs. The relevant incentives are renewable identification numbers (“RINs”) and the blender’s tax credit.

RINs are essentially labels used by the Environmental Protection Agency (“EPA”) to track renewable fuel production and consumption. Biodiesel producers can generate and attach a certain number of RINs to each gallon of biodiesel that they manufacture, using EPA-approved procedures, at EPA-registered facilities. 3 Producers can sell this RIN-valued fuel to petroleum fuel refiners and importers. These customers must obtain-and retire a certainnumber of RINs in order to meet annual regulatory obligations. 4 This system creates a market for RIN-valued biodiesel—ie., biodiesel that has not yet had its RINs retired.

The blender’s tax credit is a $l/gallon credit; it is granted to the taxpayer that first blends biodiesel with any amount of petroleum diesel. Before biodiesel is blended, it is known as B100, which indicatesthat it is 100 percent biodiesel. Biodiesel is often blended with a small amount of petroleum diesel. This process results ‘in a product known as B99,' which is approximately 99 percent biodiesel and, more importantly, already has been used to claim the tax credit.

Because of these two separate government incentives, RIN-valued B100 is more valuable to biodiesel purchasers than RIN-less B99. The conspirators behind Alchemy profited by purchasing RIN-less B99 and then reselling it as RIN-valued B100. To avoid suspicion, e-Bio used a third-party company, Caravan Trading (“Caravan”), as a middleman. Caravan was owned by Joseph Furando. Caravan' would purchase RIN-less B99 at low cost and then resell it to e-Bio along with fake invoices, describing the biodiesel as feedstock (e.g., soybean oil or chicken fat). Feedstock is used to create biodiesel, so e-Bio would pretend that it had used this “feedstock” to produce B100 in its own plant. E-Bio generated RINs for this fake B100, which was actually B99 with no legitimate RIN value. The company profited by selling this product at the price of RIN-valued B100.

To carry out this plan, e-Bio hired truck drivers to pick up the RIN-less B99 from Caravan’s fuel terminals and deliver it to the e-Bio plant. There, it was pumped into storage tanks and later transferred to another truck for delivery to e-Bio’s customers.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Dermen
Tenth Circuit, 2025
United States v. Rita Law
990 F.3d 1058 (Seventh Circuit, 2021)
USA v. E-BIOFUELS, LLC
S.D. Indiana, 2020
SEC v. Gary S. Williky
Seventh Circuit, 2019
Commonwealth v. Rivera
121 N.E.3d 1121 (Massachusetts Supreme Judicial Court, 2019)
United States v. Jones
383 F. Supp. 3d 810 (E.D. Illinois, 2019)
United States v. Jose Jaime Lopez
907 F.3d 537 (Seventh Circuit, 2018)
United States v. Angela Armenta
883 F.3d 1005 (Seventh Circuit, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
879 F.3d 795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jeffrey-wilson-ca7-2018.