Gas station owner pleads to theft, deception charges
By the Lincoln Journal Star
Attorney General Jon Bruning announced Tuesday that gas station owner Tom Wiese pleaded guilty to five charges in Burt County Court.
In August, an investigation by the Bruning’s office and the Nebraska Department of Agriculture’s Division of Weights and Measures showed Wiese was selling ethanol-blend gasoline to customers at the higher unleaded price.
Customers pumped and bought what they thought was unleaded gas but what they really got was the lower-priced ethanol blend.
“Mr. Wiese deceived his gas station customers for well over a year,” Bruning said in a prepared statement. “Dishonest business practices won’t be tolerated. My office will continue to pursue those who prey on consumers."
Wiese, who owns gas stations in Scribner and Decatur in northeast Nebraska, pleaded guilty to three counts of theft by deception, one count of criminal simulation and one count of deceptive advertising.
Judge Matt Samuelson sentenced Wiese to pay maximum fines totaling $4,000 plus court costs.
Wiese cooperated with investigators. The plea agreement is conditional on his continued cooperation and testifying in court if needed.
The investigation also found that Tim Kaup, the general manager of the Sapp Bros distribution center in West Point in Cuming County, actively promoted the idea of selling ethanol-blended gasoline at unleaded prices to store owners.
Kaup is charged with aiding and abetting Wiese in committing seven counts of theft by deception, one count criminal simulation and one count of deceptive advertising.
Kaup was scheduled for a pre-trial conference Tuesday but asked to have it rescheduled. Samuelson granted the request.
Theft by deception is a misdemeanor with a penalty of up to six months in jail and a $1,000 fine. Criminal simulation and deceptive advertising are class III misdemeanors punishable by up to three months in jail and $500 fine.
State law does not allow prosecutors to add the financial losses of multiple victims together. Bruning will ask legislators to address the issue in the next session of the Nebraska Legislature.
If a person steals from many people, a change in the law would allow the money lost to be added together and increase penalties.
In the last year, Bruning’s has received more than 90 gas complaints from customers across Nebraska involving 35 stations.
Issues raised include pricing, advertising and pump calibration. More than a dozen stations are currently under investigation.

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