Feb.10, 2010, 10:30 pm
A federal grand jury has indicted beleaguered auto mogul Denny Hecker on an alleged fraud scheme intended to defraud investors of millions.
Hecker, 57, and Steven Joseph Leach, an ex-senior officer in Hecker's business organizations, were charged with five counts of wire fraud and one count of conspiracy to commit wire fraud.
Hecker has also been charged with money laundering.
According to the U.S. Department of Justice, the indictment alleges that from September 2007 through at least last June, Hecker and a co-conspirator operated a scheme to defraud lenders, including Chrysler Financial Services.
The indictment, filed in U.S. District Court in Minneapolis on Wednesday, states Hecker used fraudulent documents to secure the financing necessary to purchase 5,000 vehicles from Hyundai Motor America. Those documents allowed Hecker's business to obtain $80 million in financing from Chrysler Financial, which lost more than $10 million in the transaction.
In December, Leach filed court documents requesting not to be asked to testify in Hecker's bankruptcy proceedings. The documents gave early indication this federal indictment was looming for both. Leach resigned from Hecker's business at the end of 2007.
Last month, a trustee in his bankruptcy case accused Hecker of massive fraud. The trustee asked that none of the more than $700 million Hecker owes be forgiven.
The trustee accused Hecker of devising a series of schemes to shield assets from Chrysler Financial, other creditors and the trustee in his bankruptcy case. Hecker was accused of transferring more than $235,000 to his girlfriend, Christi Rowan, in order to hide the money.
On Wednesday, the Department of Justice stated, "Allegedly, to avoid paying his lenders, Hecker ... filed personal bankruptcy in June of 2009, seeking to discharge, among other debts, the $10 million owed to Chrysler Financial as a result of the Hyundai deal. Moreover, despite filing for bankruptcy, the indictment alleges that Hecker, with the assistance of others, has concealed assets."
Hecker has been accused of concealing assets as diverse as Rolex watches, a handgun, boat docks and lifts, first-class airline tickets, golf memberships, golf carts and hundreds of dollars' worth of $2 bills, all in an effort to avoid paying lenders.
At his peak, Hecker ran not only many auto dealerships in the Twin Cities and greater Minnesota, but he also provided vehicles for car rental operations.
Hecker and Leach face 20 years on each count of wire fraud, if convicted, including an additional 20 years on the count of conspiracy to commit wire fraud. Hecker could also face another 10 years on the money laundering.
Hecker's first court appearance was scheduled for Thursday afternoon. The Department of Justice said Hecker may be arraigned during this appearance.
Before his court appearance, Hecker will meet with court pretrial services for a bail evaluation. He will be booked, fingerprinted and a mug shot will be taken.
Hecker's attorney, Marsh Halberg, said his client maintains his innocence on all charges. Halberg said Hecker will address the charges at a news conference after his 3 p.m. court appearance. Halberg released this statement:
"We are denying the allegations. We are denying wrongdoing. We have attempted to restrain ourselves in responding during the federal investigation. Tomorrow will be the start of our opportunity to present Denny Hecker's side of the case."