::UPDATE: DEADLINE APRIL 23rd [previously posted as 4/15. We apologize for the confusion]
What do Tim DeChristopher and 2 oil companies (one of which is owned by William Koch) have in common?
All three violated the Onshore Oil and Gas Leasing Reform Act, and all three made false statements to the government when they signed up to bid at a BLM oil and gas lease auction.
The Justice Department chose to charge Tim with two felony counts, send him to federal prison for a 2-year sentence, and fine him $10,000–all after refusing to allow his motives to be discussed in court, nor allowing him or his attorneys to mention to the jury that the auction in question was later deemed itself illegal. The Justice Department did that, of course, on your behalf.
What does the Justice Department want to do–in your name–to punish the oil companies that stole your land? Pretty much nothing.
No criminal charges. No jail time. Just a “fine” that amounts to Big Oil pocket change, and…that’s it. In effect, your government wants to issue a $500,000 “permit” for oil companies that want to flaunt the law–not for any moral cause–but for their own dirty profit.
They also got to KEEP the leases. You have until April 23rd to let the Department of Justice know this is ridiculous.
You, as a member of the public, are the plaintiff in this case. The land stolen in this auction belonged to you. You get to decide if the punishment is just before a judge finalizes the deal. But there isn’t much time to make your opinion known.
Written comments should be submitted to:
William H. Stallings Chief, Transportation, Energy and Agriculture Section Antitrust Division United States Department of Justice 450 Fifth Street, NW, Suite 8000 Washington, DC 20530
Below, you’ll find the story in more detail, and watch this video for some more talking points.
Gunnison Energy, Owned by William Koch, and a Texas energy company, SG Interests, got caught making an illegal backroom deal, in writing no less, to agree not to bid against each other at BLM auctions for drilling on public land, so they could get the drilling rights on the cheap. They agreed that only one would bid, and then they would split what was bought. This violates the several laws, including the Sherman Anti-Trust Act, which allows for fines up to 100 million and up to ten years in jail for corporate officers. (15 USC sec. 1-4) Did these companies get sent to jail? No they did not. Instead the Department of Justice’s Anti-Trust Division wants each company to pay a $275,000 fine, and allowed the conspirators to retain their oil and gas leases, without any personal consequences.
Now it is up to the Federal District Court judge in Denver to decide if this outcome is “in the public interest.” Is it? Do corporations get to defraud the federal government when they swore that they were not in collusion with each other or any other company, before bidding? The government sued them for lying to the government under the federal False Claims Act (31 USC sec 3729-33), which is a civil violation, i.e., not punishable for jail time. But when it came to Tim, the government decided to indict him for making a false statement (18 USC sec 1001). Does that make sense? Multi-million dollar corporations can basically get away with lying for the purpose of defrauding the taxpayer in order to make themselves in more disgustingly rich and drill on our public lands, While Tim has to go to prison for making a false statement in order to stop an illegal auction.
Tell the judge and the Department of “Justice,” charged with representing our rights, that this little fine is NOT in the public interest…
Written comments should be submitted to:
William H. Stallings Chief, Transportation, Energy and Agriculture Section Antitrust Division United States Department of Justice 450 Fifth Street, NW, Suite 8000 Washington, DC 20530
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