On March 29, 2013, Jeffrey David Gunselman was sentenced to one hundred and eighty-eight (188) months in prison, fined $175,000.00 and ordered to pay more than $54,900,000.00 in restitution, by
United States District Judge Sam R. Cummings following his guilty plea in December 2012 to an indictment charging fifty-one (51) counts of wire fraud, twenty-four (24) counts of money laundering and four counts of making false statements in violation of the Clean Air Act.
Gunselman was the owner of Absolute Fuels, LLC, doing business as Absolute Fuels, LLC (“Absolute Fuels”), which he formed in April 2009. He was also affiliated with several other business entities associated with Absolute Fuels, including Absolute Milling, LLC; Ellipse Energy, LLC; 21 Investments,
LLC; and YGOG Holdings, LLC. 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. Gunselman admitted that from September 2010 to October 2011, he devised a scheme to defraud the USEPA by falsely representing that he was in the business of producing bio-diesel fuel. Gunselman did not have a bio-diesel fuel-producing facility. Instead, Gunselman’s business operation consisted of falsely generating renewable fuel credits and selling them to oil companies and brokers. He instructed purchasers to wire payments to a bank account he solely controlled, and as a result, approximately $41,762,236 was deposited into that account.
From September 2010 to mid-October 2011, Gunselman conducted fifty-one (51) fraudulent transactions, which were transmitted by wire, that represented to the EPA that bio-diesel fuel had been produced at the Absolute Fuels facility in Anton, Texas. In fact, no bio-diesel fuel had been produced. This ultimately resulted in Gunselman requesting and receiving payments by EFT of approximately $41,762,236.
During the same time period, Gunselman engaged in monetary transactions in criminally derived property by purchasing real and personal property valued at approximately $12,000,000.00 with the funds derived from the wire fraud which included several vehicles (a Bentley, a Mercedes-Benz, a Lexus, a Cadillac and a Shelby Cobra), a Patton Military Tank, a Gulfstream airplane, professional basketball season tickets and corporate sponsorship, and agricultural, business and residential real estate.
The case was investigated by both the USEPA Criminal Investigation Division and the United States Secret Service.
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