Kingston’s defendant-brother, Jacob Kingston, 42, is charged with counts of fraud related to what was supposed to be tax credits for the manufacturing of biofuel. Prosecutors contend Washakie actually bought and sold biofuel and laundered money to Turkey. Jacob Kingston on Friday had his detention hearing rescheduled to Sept. 17.
The Department of Justice press release contains more details on the scam itself:
From 2010 through 2016, as part of their fraud to obtain the fuel tax credits, the defendants allegedly created false production records and other paperwork routinely created in qualifying renewable fuel transactions along with other false documents. To make it falsely appear that qualifying fuel transactions were occurring, the defendants rotated products through places in the United States and through at least one foreign country. The defendants also allegedly used “burner phones” and other covert means to communicate during the scheme.
It looks as if the alleged scam was relatively straightforward — in order to obtain biofuel tax credits, defendants are accused of having “rounded” the same batches of biofuel, getting multiple credits for the same fuel. The tax credits were refundable regardless of whether the tax payer owed other taxes — ripe for scamming.
Washakie Renewable Energy, the group owned by the Kingston religious sect, had previous legal troubles in 2017 when LifeTree Trading PTE sued Washakie under breach of contract claims — to the tune of $90 million dollars:
Washakie Renewable Energy is associated with the Kingston Group, a Utah-based polygamous church with fundamentalist Mormon beliefs that is also known as the Davis County Cooperative Society and the Latter Day Church of Christ.
The legal battle began November 2014, six months after Washakie officials signed a contract with Lifetree to import 90,000 metric tons of Argentine soy methyl ester, or biofuel.
Lifetree agreed to deliver the fuel in three 30,000 metric ton shipments, according to the contract, but when the first shipment arrived, Washakie refused to accept it.
As they held onto the shipment, Lifetree lost millions, according to court documents.