CHATTANOOGA, Tenn. – On February 15, 2018, following a
multi-month trial in U.S. District Court, Chattanooga, before the Honorable
Curtis L. Collier, Senior U.S. District Judge, a jury returned guilty verdicts
against Mark Hazelwood, 59, of Knoxville, Tennessee; Scott “Scooter” Wombold,
58, of Gallatin, Tennessee; and Heather Jones, 47, of Knoxville, Tennessee.
Hazelwood, former president of Pilot Flying J, was convicted
of conspiracy to commit mail fraud and wire fraud as charged in count 1 of the
indictment, wire fraud as charged in count 8 of the indictment, and witness
tampering as charged in count 14 of the indictment. Wombold, former vice president of Pilot
Flying J, was convicted of wire fraud as charged in count 2 of the
indictment. Jones, a former customer
account representative for Pilot Flying J, was convicted of conspiracy to
commit mail fraud and wire fraud as charged in count 1 of the indictment.
Evidence presented at trial proved a scheme to defraud
certain Pilot Flying J trucking company customers through false and fraudulent
representations and promises of diesel fuel discounts that were intended to
induce victim customers to purchase diesel fuel from Pilot Flying J rather than
a competitor. The scheme resulted in
victim customers being cheated out of their promised diesel fuel
discounts. The evidence at trial showed
that the scheme’s goals were to increase Pilot’s market share of diesel fuel
sales over its competitors, maximize Pilot’s profits, and maximize the
scheme-participants’ potential for profit- and commission-based compensation
from trucking companies targeted through the scheme to defraud.
Before trial, 14 other former Pilot Flying J executives and
employees had already pleaded guilty to conspiracy charges related to the same
scheme to defraud. They are awaiting
sentencing. In July 2014, Pilot Flying J
entered into a Criminal Enforcement Agreement with the United States in which
the company agreed that some of its employees in its Direct Sales group engaged
in fraudulent conduct in the payment of diesel fuel discounts for certain
targeted Pilot customers. Pilot Flying J
agreed that the conduct of those employees resulted in $56 million in loss to
affected customers. In accordance with
that agreement, Pilot Flying J agreed to pay full restitution to all victim
customers in addition to paying a $92 million monetary penalty. Additionally, according to the terms of the
Criminal Enforcement Agreement, this federal investigation not only resulted in
the payment of full restitution to the scheme’s victims, but also created
protection for trucking companies going forward through greater transparency in
their future fuel pricing arrangements with Pilot Flying J.
Sentencing has been set for June 27, 2018, in U.S. District
Court, Chattanooga. Hazelwood, Wombold,
and Jones each face a sentence of up to 20 years in prison for their
convictions.
Law enforcement agencies participating in this joint
investigation included the FBI and IRS- Criminal Investigation. Assistant U.S. Attorneys F.M. (Trey) Hamilton
III and David P. Lewen, Jr. represented the United States at trial.
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