NKC Transportation files lawsuit against Pilot over alleged fuel rebate scam

By Clarissa Hawes, Land Line staff writer | 8/29/2013

A Missouri-based trucking company has filed a lawsuit against Pilot Flying J, alleging it defrauded the company out of money owed through its fuel rebate program.

NKC Transportation LLC of Kansas City, Mo., is the latest trucking company to file a lawsuit against Pilot over an alleged fuel rebate scheme, which is the focus of an ongoing Federal Bureau of Investigation and Internal Revenue Service investigation.

NKC Transportation, which has about 99 power units and 77 drivers, was named in the FBI’s affidavit as one of the trucking companies targeted by Pilot sales staff because it “utilized non-party credit lines such as Tcheck, who were referred to as ‘low-hanging fruit.’”

Since April, more than two dozen lawsuits have been filed in state and federal court against Pilot. At the heart of the complaints is information presented in the 120-page affidavit released by the FBI and IRS after Pilot’s headquarters were raided in mid-April.

NKC filed its lawsuit in the Circuit Court for Knox County, Tenn., on Aug. 28. In its filing, it charges Pilot with conversion, fraud, violation of Tennessee Consumer Protection Act, as well as breach of contract. NKC is seeking a jury trial, punitive damages, as well as reimbursement of attorneys’ fees

NKC is one of six trucking companies that has opted out of a proposed class action settlement, which has a fairness hearing scheduled for November in federal court in Arkansas.

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