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$10.4M Verdict in Biofuel Fraud Trial

MOBILE, AL --- A jury has ordered a biofuel company, Cello Energy, to pay $10.4 million over allegations that the firm fraudulently claimed it could produce cheap fuel from hay, waste wood and other material.

by Staff
July 7, 2009
2 min to read


MOBILE, AL --- A jury has ordered a biofuel company, owned by a former head of the Alabama Ethics Commission, to pay $10.4 million over allegations that his firm fraudulently claimed it could produce cheap fuel from hay, waste wood and other material, the Associated Press reported.

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Cello Energy, run by former ethics chairman Jack Boykin, lost the federal lawsuit filed by Parsons & Wittemore Enterprises, a New York-based paper company that invested in the company. 

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The jury ruled June 29 that Cello Energy and the partnership that owned it, Boykin Trust, were liable for $2.8 million for breach of contract with Parsons & Whittemore. The paper company owns a couple of pulp mills in southwest Alabama. 

The jury also found that the companies, along with Boykin and his son Allen Boykin, were liable for another $104,537 for fraud and awarded $7.5 million in punitive damages against all the defendants. 

Cello Energy built and staffed a plant, but Parsons & Wittemore argued the facility never accomplished its long-promised goal to produce motor fuel from wood chips, crop residue and other biomass. 

Parsons & Whittemore invested $2.5 million in Cello Energy and had another $10 million option for a one-third ownership share. Unknown to Parsons & Whittemore, however, Boykin also negotiated a deal with a California firm, Khosla Ventures, which invested $10 million in the construction of a plant in Bay Minette to turn wood chips, hay and other cellulosic material into diesel fuel. Parsons & Whittemore asserted that this deal diminished the value of its own investment. 

George Landegger, CEO of Parsons & Wittemore, characterized Boykin's promises about the fuel plant as lies. Boykin has denied the fraud charges, vowing to move forward with his fuel-producing plans.

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Parsons & Whittemore also sued Khosla, accusing the company of interfering in its business relationship with Cello Energy. But the jury in that case found in favor of Khosla, a Silicon Valley company, AP reported.


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