The former president of Pilot Flying J who was convicted for his part in a diesel fuel rebate scheme will be sentenced on September 26, and his lawyers are asking the court to consider both the good and the bad when imposing punishment.
Mark Hazelwood faces years in federal prison for his part in the conspiracy. The government alleged he led a team that worked together to cheat some diesel fuel customers of promised rebates. He was convicted Feb. 15 of wire fraud, conspiracy to commit mail/wire fraud and witness tampering.
Prosecutors are recommending a sentence of 168 to 210 months in prison, or 14-17 years, and a $750,000 fine.
Lawyers for Hazelwood have submitted paperwork that they say"offers a truer and more complete narrative of Mark’s personal history and character than that advanced by the government at trial, which, among other things, cynically attempted to portray Mark as greedy and, worse, a racist."
During the trial, the government presented secret tape recordings made by a Pilot employee working with the government in 2012 that showed Hazelwood engaged in racially charged conversation with other executives at a gathering at a private home.
In his defense, the court filing states that "It is indisputable that during Mark’s 30 years in the trucking industry, he did a tremendous amount of good—for Pilot, its employees and, specifically and notably, its trucking company customers and truckers. Mark’s life is likewise replete with remarkable examples of charitable and other good works and deep love, commitment, and support for his family, friends, and the broader community in which he lives. And it is important to add, given the picture of Mark that emerged at trial, that he is a compassionate man, who took in a disadvantaged African-American teen whose mother was ill, paying for his private school education and welcoming him into Mark’s home when the boy’s mother passed away."
Hazelwood's lawyers say that the government has focused only on the worst that he has said and done.
"Sentencing is an appropriate time to weigh the good with the bad, and we submit that the good that Mark has done throughout his life vastly outweighs the conduct of conviction, which had no material impact on members of the victim class," the document reads.
They also submit that Hazelwood has no previous criminal history.
Hazelwood was supposed to be sentenced in August, but the judge agreed to a delay because he hired a new defense team.
Two other former Pilot Flying J executives also were found guilty at federal trial. Fourteen former employees previously have pleaded guilty in the case.