Haslam never granted immunity, remains subject to criminal prosecution
Jimmy Haslam, pictured above, can still go to jail. He never got a "Get Out of Jail Free" card from the feds. Payment of a $92 million fine to the U.S. Treasury only exempted Pilot Flying J, Jimmy's company, from prosecution.
According to Paul O'Brien, the head of the U.S. Justice Department Criminal Division, individuals of the company have no "exemption from immunity". Jimmy may still be prosecuted until time limitations in the criminal code run out.
In Haslam's case, that is ten years after criminal activity has stopped or April 15, 2023, according to David Raybin, a criminal defense attorney in Nashville, Tennessee.
Criminal activity at Pilot stopped April 15, 2013, the day when 200 FBI, IRS, and local law enforcement officers raided Pilot's headquarters in Knoxville. On some crimes, federal prosecutors have up to five years to file charges. Otherwise, time limits expire and they are no longer able to bring charges. The guilty can walk away unpunished for their crimes.
The federal criminal trial in Chattanooga, Tennessee involves four former key executives of Pilot Flying J. Haslam is facing no charges in this trial.
Pilot admitted they stole $56 million from its customers, cooked the books, and used oral rather than written contracts to make theft easier.
Pilot paid $271 million in fines, restitution, interest, good faith estimates of claims, and forensic audit costs. These were the amounts paid pursuant to U.S. Justice Dept. claims against Pilot.
Haslam's company also paid more money than that in local non-federal court settlements. One of Pilot's largest customers, Western Trucking in Nashville claimed losses of $75 million.
Attorney fees have yet to be disclosed.
The 25-page agreement signed by federal prosecutors, Jimmy Haslam, and attorneys for Pilot, are linked in blue at the end of this post.
Editor's note: To read the 25-page Criminal Enforcement Agreement, click on the blue link below. It is to the U.S. Department of Justice. Scroll to the end of the one-page agreement. Three lines from the bottom, highlighted in light brown, click "Download Agreement." It will be downloaded in your computer's document files. The agreement no longer pops up automatically.
The fine could have been $112 million, $20 million more than the minimum fine of $92 million. The fine calculations are made on Page 17 of the Criminal Enforcement Agreement.
On Page 19, section 13b states that individuals of the company have no "exemption from immunity".