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Gas station owner pleads to theft, deception charges

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By the Lincoln Journal Star

Tuesday, Nov 18, 2008 - 05:50:07 pm CST

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.

Story Photo
Attorney General Jon Bruning. (Courtesy photo)

“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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Throw the book at them. wrote on November 18, 2008 6:03 pm:
" Ther is nothing worse than a liar and cheater. These men are both and it says a lot about their character. They should be put out of business. "

Sean wrote on November 18, 2008 8:22 pm:
" This is exactly why we are so fed up with high gas prices, especially such dramatic price changes from station to station. Gas station owners are a bunch of shady dealers. The only thing that separates them from drug dealers is the fact that drugs are illegal. "

The Wolff wrote on November 18, 2008 10:08 pm:
" It's unfortunate that the fines for this are not much higher. At least the judge did sentence him for the max fine. "

I think wrote on November 19, 2008 6:01 am:
" I think this is very common in Nebraska. I like to buy regular unleaded gasoline because I get much better gas mileage (the 10 cents just isn't worth it). My vehicle tracks the gas mileage of each tank of gas and some tanks of unleaded are not near what others are, all things considered. "

Which gas stations wrote on November 19, 2008 11:37 am:
" The fine is still cheaper than the money they cheated from the customer. Should have higher fines and go to jail too. The article did not say which gas stations are they. Want to find out and stop going there. "

D wrote on November 19, 2008 12:09 pm:
" I like Sean's drug dealer analogy. Especially since we always talk about how we are addicted to oil. What we need is the equivalent of methadone or a nicotine patch. "

Decaturite wrote on November 19, 2008 2:29 pm:
" Decatur is small town and only has one gas station. I know they get tons of business, especially in the summer with boat traffic. It's sad that he felt that he had to cheat us. I hope he has learned a lesson, although $4000 doesn't seem like much of a punishment. Decatur needs this station and convenience store. If he can't deal honestly with people, then he needs to sell it to someone who will be honest with us small towners. "