The owner of a biofuel company was sentenced to seven years in prison followed by a three-year term of supervised release and ordered to pay $10,207,000 in restitution for defrauding multiple federal agencies and customers.
Following a four-week trial before U.S. District Judge Jeffrey L. Schmehl, a federal jury in the Eastern District of Pennsylvania convicted David Dunham, owner of Smarter Fuel LLC in Wind Gap, Pennsylvania and co-owner of Greenworks Holdings LLC of Allentown, Pennsylvania, of conspiracy to commit wire fraud and defraud the United States; wire fraud; filing false tax documents and obstruction of justice.
The conviction arose from Dunham’s planning and executing a scheme to defraud the Environmental Protection Agency (EPA), the IRS, the U.S. Department of Agriculture (USDA), and his customers, to obtain renewable fuel credits in his “green energy” business.
“This sentence sends a clear message that the Department of Justice will not tolerate fraud and will not hesitate to prosecute those who seek to undermine support for true American-made renewable fuel,” said Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division. “Mr. Dunham’s crimes were longstanding and elaborate, but this did not stop the Department from ensuring that such crimes are punished and justice is done.”
“David Dunham is a thief, dressed up in ‘green energy’ clothing,” said U.S. Attorney William M. McSwain for the Eastern District of Pennsylvania. “He thought he could con not just one, but several federal agencies. Eventually, his lies caught up to him and now his reward is a long stint in federal prison.”
“David Dunham used false and fraudulent pretenses to steal millions of dollars from the Government,” said IRS Criminal Investigation Special Agent in Charge Thomas Fattorusso. “His loss of liberty today is the price he must pay for scamming the Government and stealing from hard working American taxpayers.”
To carry out his green energy scam, from 2010 to 2015 Dunham fraudulently applied for, received, and sold EPA “credits” for producing biofuels that he, in fact, did not produce and, in many instances, had never possessed in the first place. Dunham also sought and received millions of dollars from the IRS and the USDA based on the same falsehoods. All told, based on the repeated falsehoods he told the federal agencies, Dunham obtained nearly $50 million in fraudulent revenue. In carrying out this massive fraud, Dunham used his businesses, Smarter Fuel, which he owned, and Greenworks Holdings, which he operated with his co-defendant, Ralph Tomasso, who previously pleaded guilty to conspiracy to defraud federal programs.
The evidence at trial also showed that Dunham engaged in multiple cover-ups designed to hide his crimes from authorities. These included altering his accounting records the day before an IRS audit in 2010, and providing a USDA auditor with dozens of falsified records, which Dunham had ordered an employee to produce, during a 2012 audit.
The case was investigated by the EPA’s Criminal Investigation Division, the IRS Criminal Investigation, and the USDA’s Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Mary E. Crawley and Trial Attorney Adam Cullman of the Environment and Natural Resources Division.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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- Nuclear Triad: DOD and DOE Face Challenges Mitigating Risks to U.S. Deterrence EffortsBy Sam NewsMay 6, 2021What GAO Found The Department of Defense (DOD) plans to replace or modernize existing triad platforms including submarines, intercontinental ballistic missiles, and bomber aircraft, as well as many of the nuclear command, control, and communication systems that facilitate control of them (see below). The Department of Energy (DOE) plans to modernize its nuclear infrastructure to life extend and produce warheads and bombs. DOD will be challenged to meet some U.S. Strategic Command (USSTRATCOM) operational needs with existing triad systems, shown below, through the end of their service lives. DOD must manage shortfalls in quantities of systems that it can field and capability limitations that reduce effectiveness of these systems. For example, the Navy will have to carefully manage resources to meet USSTRATCOM's operational requirements for the Ohio class submarine. Further, DOE faces a long-term sustainment challenge with one of its bombs, the B83-1. Existing Nuclear Triad Platforms DOD and DOE are working to replace triad systems nearing retirement, but these replacement programs face schedule risks that could exacerbate challenges with existing triad systems. Replacement programs have risk factors that include concurrency between phases of acquisition programs from development through production, immature technologies, and limited schedule margin. For example, The Ground Based Strategic Deterrent program includes limited schedule margin for testing, and if it fails a major test event it would likely delay initial fielding. The schedules for DOE's life extension programs are highly dependent on the availability of suitable facilities to manufacture, assemble, and assess bomb and warhead components. However, many DOE facilities needed for these efforts are outdated or obsolete, as more than half of DOE's facilities are over 40 years old. DOD and DOE have limited ability to mitigate risks to the efficacy of the nuclear deterrent with their current strategy, and are beginning to consider alternatives. Why GAO Did This Study The 2018 Nuclear Posture Review indicates that DOD's highest priority is the nuclear deterrent, made up of sea, land, and air legs—referred to as the nuclear triad. DOD has reported that due to prior delays and challenges with aging nuclear triad systems, there is little to no margin for delaying replacement systems without incurring risk to the nuclear deterrent. Similarly, DOE faces a demanding schedule for infrastructure projects and programs for the life extension and production of warheads and bombs. In this report, GAO examines (1) the challenges DOD and DOE face in meeting operational needs with existing triad systems; (2) the extent to which DOD and DOE triad acquisition programs face schedule risks, and the implications of delays; and (3) whether DOD and DOE have strategies to mitigate risks to the nuclear deterrent, including acquisition delays. To do this work, GAO analyzed DOD and DOE documentation, interviewed officials, and leveraged GAO work on acquisition best practices, triad systems, and the nuclear enterprise. This is an unclassified version of a classified report we issued in June 2020, and specific classified information has been removed.[Read More…]
- Defenders Work to Ensure Due Process Amid PandemicBy Sam NewsIn U.S CourtsAugust 19, 2020Of the many challenges that the coronavirus (COVID-19) pandemic has imposed on the ongoing operations of federal courts, some of the toughest are being faced by federal defenders, who are on the front lines working to overcome unprecedented threats to their clients’ safety and constitutional rights.[Read More…]
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- Owner of Bitcoin Exchange Convicted of Racketeering Conspiracy for Laundering Millions of Dollars in International Cyber Fraud SchemeBy Sam NewsSeptember 28, 2020A Bulgarian national was found guilty today for his role in a transnational and multi-million dollar scheme to defraud American victims through online auction fraud.[Read More…]
- Secretary Michael R. Pompeo With Mark Belling of the Mark Belling ShowBy Sam NewsNovember 11, 2020
- Designation of Iranian Procurement NetworksBy Sam NewsNovember 11, 2020
- New Jersey Man Indicted for Tax Evasion and Not Filing Tax ReturnsBy Sam NewsApril 26, 2021A federal grand jury in Newark, New Jersey, returned an indictment on April 1, 2021, charging a Springfield man with tax evasion and willful failure to file individual income tax returns.[Read More…]
- Ghana Travel AdvisoryBy Sam NewsIn TravelSeptember 26, 2020Reconsider travel to [Read More…]
- 15 Named In $26 Million International Trade Fraud SchemeBy Sam NewsDecember 15, 2020A federal grand jury in Houston, Texas, has returned a criminal indictment against eight individuals, while a related civil complaint has charged 14 individuals and one company relating to international trade fraud violations stemming from a decade-long scheme involving tires from China.[Read More…]
- Florida Man Sentenced to Three Years in Prison for Obstructing the IRSBy Sam NewsJuly 29, 2020A Florida man was sentenced to 36 months in prison today for corruptly obstructing the due administration of the internal revenue laws, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Maria Chapa Lopez for the Middle District of Florida.[Read More…]
- 2020 Indo-Pacific Business Forum Promotes Free and Open Indo-PacificBy Sam NewsOctober 30, 2020
- Assistant Attorney General Eric Dreiband Announces Departure from Civil Rights DivisionBy Sam NewsJanuary 7, 2021Assistant Attorney General Eric S. Dreiband of the U.S. Department of Justice’s Civil Rights Division announced his departure from the department, effective Jan. 8, 2021. Dreiband has served as Assistant Attorney General since Nov. 1, 2018.[Read More…]
- Federal Court Terminates Paramount Consent DecreesBy Sam NewsAugust 7, 2020WASHINGTON – A federal court in the Southern District of New York today terminated the Paramount Consent Decrees, which for over seventy years have regulated how certain movie studios distribute films to movie theatres. The review and termination of these Decrees were part of the Department of Justice’s review of legacy antitrust judgments that dated back to the 1890’s and has resulted in the termination of nearly 800 perpetual decrees.[Read More…]
- Military Personnel: Perspectives on DOD’s and the Military Services’ Use of Borrowed Military PersonnelBy Sam NewsNovember 18, 2020Policies on the use of borrowed military personnel vary among military services. Borrowed military personnel refers to military personnel used for duties outside their assigned positions, such as security protection. DOD policy acknowledges that there may be instances in which military personnel can be used to appropriately satisfy a near-term demand but that DOD must be vigilant in ensuring that military personnel are not inappropriately utilized, particularly in a manner that may degrade readiness. Additionally, the Army and the Marine Corps have their own policies that describes how military personnel may be used on a temporary basis. DOD and the Army, Navy, and Air Force do not centrally track their use of borrowed military personnel, nor do they assess any impacts of that use on the readiness of units and personnel to accomplish their assigned missions. According to DOD and Army officials, the relatively limited use of borrowed military manpower, their limited impacts on readiness, and the existence of other readiness reporting mechanisms serve to obviate the need to collect and analyze this information centrally—especially given the resources that would be required to establish and maintain such a reporting process. The House Armed Services Committee has questioned whether DOD continues to divert servicemembers from their unit assignments to perform nonmilitary functions that could be performed by civilian employees. House Report 116-120, accompanying a bill for the National Defense Authorization Act for Fiscal Year 2020 included a provision for GAO to assess the levels and impacts of borrowed military personnel. This report examines DOD's and the military services' policies on the use of borrowed military personnel, the tracking and reporting of their use of borrowed military personnel, and any impacts of that use on readiness. For more information, contact Cary Russell at (202)512-5431 or RussellC@gao.gov.[Read More…]
- Federal Justice Statistics, 2017-2018By Sam NewsMay 2, 2021(Publication)
This report is the 32nd in an annual series based on data from BJS's Federal Justice Statistics Program, which began in 1979.
4/6/2021, NCJ 254598, Mark Motivans [Read More…]
- Six Defendants Charged in Scheme to Defraud Student Loan Programs of More Than $12 Million.By Sam NewsOctober 20, 2020Six former administrators from the Columbus, Georgia, campus of the Apex School of Theology were charged in an indictment unsealed Monday for their alleged participation in a scheme to defraud student loan programs of more than $12,000,000.[Read More…]
- Burkina Faso’s National DayBy Sam NewsDecember 11, 2020
- Investment Professional and Author is Sentenced for Defrauding National Women’s SororityBy Sam NewsNovember 5, 2020A Florida woman was sentenced to 24 months in prison today for her role in an investment management scheme.[Read More…]
- U.S. Army Corps of Engineers: Information on the Navigation and Ecosystem Sustainability ProgramBy Sam NewsJanuary 22, 2021The U.S. Army Corps of Engineers (Corps) has taken steps to implement its Navigation and Ecosystem Sustainability Program (NESP)—a dual-purpose program for navigation improvements and ecosystem restoration along the Upper Mississippi River system. Specifically, in 2004 the Corps identified 24 navigation improvement projects and 1,010 ecosystem restoration projects and proposed a plan for implementing them. For example, the Corps plans to construct or extend 12 locks to facilitate commercial barge traffic along the river system (see fig.), which the states of Illinois, Iowa, Minnesota, Missouri, and Wisconsin have generally relied on as their principal conduit for export-bound agricultural products. The Corps also plans to restore floodplains along the river system and backwaters that provide habitat for hundreds of species of wildlife. While the total estimated program cost is $7.9 billion, as of October 2020, the Corps has initiated technical studies and designs for 47 NESP projects at a cost of approximately $65 million. Barge Tow at Lock and Dam 15 in Rock Island, Illinois However, the Corps has identified several challenges facing the program, and it has taken steps to mitigate them. Specifically, the Corps was unable to implement NESP projects for 7 years because the program did not receive funding in fiscal years 2011 through 2017, in part because the Corps identified other projects as higher priorities. To mitigate this challenge, the Corps reprogrammed funding to help ensure projects could be executed when funds became available. Another challenge is that the Corps has not yet established partnership agreements that are needed for some NESP ecosystem projects. Corps officials said that about 15 to 20 percent of the ecosystem projects will require partnership agreements in which partners commit to share 35 percent of the project costs, typically through the purchase of land for the project. The officials said that partners may be reluctant to make financial commitments to projects while NESP funding is uncertain. Furthermore, the partnership agreements can take up to 18 months to put in place. To help expedite program implementation, Corps officials said they have pursued projects in fiscal year 2020 that can begin without a commitment from project partners. The Upper Mississippi River system provides approximately $1 billion in annual benefits to the nation’s economy through boating, fishing, and other uses, according to a Corps report. It also supports more than 2.5 million acres of aquatic, wetland, forest, grassland, and agricultural habitats. In 1986, Congress declared its intent to recognize the system as a nationally significant commercial navigation system and a nationally significant ecosystem. However, the Upper Mississippi River’s navigation system has faced significant delays in commercial boating and barge traffic, and human activity has caused a decline in environmental quality, according to a 2004 Corps report. The Corps initiated studies in 1989 and 1990 to identify ways to improve the river system. The Corps issued a feasibility report in 2004 that identified improvement projects, and in 2007 Congress formally authorized NESP and the projects identified in the report. GAO was asked to review NESP. This report describes (1) the steps the Corps has taken to implement NESP and (2) the challenges the Corps has identified to fully implementing the program and steps the Corps is taking to address these challenges. To conduct this work, GAO reviewed Corps reports, documents, and data from fiscal year 2005—the year in which the Corps began implementing NESP projects—through fiscal year 2020. GAO also interviewed Corps officials. For more information, contact Mark Gaffigan at (202) 512-3841 or email@example.com.[Read More…]
- Secretary Antony J. Blinken And Secretary of Defense Lloyd Austin With Japanese Prime Minister Yoshihide Suga Before Their MeetingBy Sam NewsMarch 16, 2021
- Secretary Antony J. Blinken at a Press AvailabilityBy Sam NewsJanuary 27, 2021
- RGV attorney admits to detainee list bribery schemeBy Sam NewsMay 2, 2021A 40-year-old Weslaco [Read More…]
- Michigan Restaurant and Strip Club Owner Sentenced to Two Years n Prison for Tax CrimesBy Sam NewsJanuary 5, 2021A Walled Lake, Michigan, business owner was sentenced today to two years in prison, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.[Read More…]
- On the Presidential Elections in the Republic of PalauBy Sam NewsNovember 21, 2020
- Designating Officials and Entities in Connection with the Military Coup in BurmaBy Sam NewsFebruary 11, 2021
- Assistant Secretary Schenker Travel to Jordan, Algeria, and MoroccoBy Sam NewsJanuary 3, 2021David Schenker, [Read More…]
- Providing Humanitarian Assistance to Support the Vice President’s Leadership in Addressing Migration Challenges in Central America By Sam NewsApril 29, 2021
- G7 Foreign Ministers’ Statement on BelarusBy Sam NewsMay 27, 2021
- Defense Transportation: DOD Can Better Leverage Existing Contested Mobility Studies and Improve TrainingBy Sam NewsFebruary 26, 2021From 2016 through 2019, the Department of Defense (DOD) conducted or sponsored at least 11 classified or sensitive studies on contested mobility— the ability of the U.S. military to transport equipment and personnel in a contested operational environment. The studies resulted in more than 50 recommendations, and DOD officials stated they believed that some of the recommendations had been implemented. However, officials did not know the exact disposition of the recommendations, as they are not actively tracking implementation activities. Further, no single DOD oversight entity evaluated the studies' recommendations and tracked implementation across the department. As a result, DOD may be missing an opportunity to leverage existing knowledge on mobility in contested environments across organizations, and strengthen its mobility efforts for major conflicts as envisioned in the National Defense Strategy. DOD has updated aspects of wargame exercises and mobility training to prepare for a contested environment, but has not updated training for the surge sealift fleet—ships owned by DOD and the Department of Transportation's Maritime Administration (MARAD) and crewed by contracted mariners. These crews are primarily trained and qualified to operate the ship, but receive limited contested mobility training. While DOD has updated air mobility training and other aspects of mobility training, sealift crew training requirements have not been updated by DOD and MARAD to reflect contested environment concerns because DOD has not conducted an evaluation of such training. Since sealift is the means by which the majority of military equipment would be transported during a major conflict, it is important that crews be trained appropriately for contested mobility to help ensure that ships safely reach their destinations and complete their missions. C-17 Performing Defense Maneuvers DOD has begun to mitigate contested environment challenges through improved technology and related initiatives. The Navy is acquiring improved technologies to deploy on surge sealift ships and replacement ships. The Air Force is equipping current mobility aircraft (see photo above) with additional defensive technologies and planning for the development of future replacement aircraft. According to U.S. Transportation Command, the command is revising its contracts with commercial partners to address cyber threats, and funding research and development projects that address contested mobility concerns. Many of these efforts are nascent and will take years to be put in place. China and Russia are strengthening their militaries to neutralize U.S. strengths, including mobility—the ability of U.S. military airlift and air refueling aircraft and sealift ships to rapidly move equipment and personnel from the United States to locations abroad to support DOD missions. Senate Report 116-48 included a provision for GAO to review DOD's ability to operate in a contested mobility environment. This report assesses the extent to which DOD has studied contested mobility and tracked the implementation of study recommendations, assesses the extent to which DOD has revised its training to incorporate contested mobility challenges, and describes the technologies that DOD uses to mitigate contested mobility challenges. GAO identified contested mobility studies conducted or sponsored by DOD; evaluated DOD's processes for monitoring implementation of study recommendations; analyzed training and exercise documents from DOD combatant commands, the Air Force, and the Navy; and reviewed DOD plans for technological improvements to its mobility forces. GAO recommends that DOD designate an oversight entity to track the implementation of study recommendations, and that DOD and MARAD evaluate and update sealift training. DOD and the Department of Transportation concurred or partially concurred with each recommendation. GAO believes each recommendation should be fully implemented, as discussed in the report. For more information, contact Cary Russell at (202) 512-5431 or RussellC@gao.gov.[Read More…]
- Justice Department Seeks to Shut Down Louisiana Tax Return PreparersBy Sam NewsJanuary 29, 2021The United States has filed a complaint seeking to bar Louisiana tax return preparers from owning or operating a tax return preparation business and preparing tax returns for others, the Justice Department announced today. The civil complaint against Leroi Gorman Jackson and Mario Alexander, both individually and doing business as The Taxman Financial Services LLC, was filed in the U.S. District Court for the Eastern District of Louisiana.[Read More…]
- Seventh U.S.-Thailand Strategic DialogueBy Sam NewsMay 21, 2021
- ANZAC DayBy Sam NewsApril 22, 2021
- Boeing Charged with 737 Max Fraud Conspiracy and Agrees to Pay over $2.5 BillionBy Sam NewsJanuary 7, 2021The Boeing Company (Boeing) has entered into an agreement with the Department of Justice to resolve a criminal charge related to a conspiracy to defraud the Federal Aviation Administration’s Aircraft Evaluation Group (FAA AEG) in connection with the FAA AEG’s evaluation of Boeing’s 737 MAX airplane.[Read More…]