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Updated: 06/18/2009 10:55 AM KSTP.com | State Patrol hotline flooded with Hecker questions
Background: The State Patrol consumer hotline has received more than 100 calls about Denny Hecker since it opened Wednesday morning--the same day they served warrants at six locations associated with the Twin Cities auto dealer. Troopers, along with officers from other agencies, searched the Hecker Automotive Group corporate headquarters at 500 Ford Road in St. Louis Park. Yellow tape surrounded the building, and our 5 EYEWITNESS NEWS crew on the scene learned that Hecker was inside the building when officials arrived. Law enforcement agents also searched three homes--two in Medina and one in Cross Lake--owned by Hecker, as well as Southview Chevrolet in Inver Grove Heights and the now-closed Stillwater GMC-Cadillac in Oak Park Heights. Minnesota State Patrol Chief Col. Mark Dunaski said they were looking for electronic and hard copy records of 'purchase agreements, sales contracts, and title transfers.' The warrants, obtained by 5 EYEWITNESS NEWS, were issued on June 11, and signed by Hennepin County Judge Deborah Hedlund. The State Patrol said they first started receiving complaints from people in 15 counties about Hecker dealerships months ago, and today's raids triggered an on slew of alleged victims. Some customers say the dealerships never paid the required tax, title, or insurance for their new car. Others claim Hecker's dealerships never paid off the lien on their trade-in vehicles. And some customers complain they’re out both ways. "Now they got the lien on the first car, plus the lien on the second car they purchased, so somebody could in theory by floating a pretty significant amount of money out there," Dunaski explained. Dunaski handed out a copy of the Minnesota Statute 168A.11 'purchase of a vehicle by a dealer' at a news conference midday. Item D of the statute reads that 'the dealer shall mail or deliver the certificate to the registrar...with the transferee's application for a new certificate and appropriate taxes and fees, within 10 business days.' Statute 297B.10 item B was also distributed, which states 'any person who collects the tax imposed under this chapter from a purchaser and willfully fails to remit the tax is guilty of a felony.' Dunaski added there has never been any known exception to the statute. Sharon Pinska, of Woodbury, says she's one of the dozens of people stepping forward, claiming her troubles began when she leased from Hecker. In May of 2008, Pinska says she traded a black Infiniti SUV for a car at Hecker's Volkswagen dealership. She says she was promised Hecker would return the Infiniti and pay off the lien on the last three payments. "It turns out our vehicle was sitting at the dealership and two payments hadn't been paid. It was frustrating to get the runaround," Pinska said. She tells 5 EYEWITNESS NEWS Infiniti slapped her with a notice of default in September, saying she now owed more than $1,000 and was put on delinquent status. And all along, she claims, Hecker's dealership kept telling her they took care of it. "I think that it's unfair he can go around and ruin innocent victims credit ratings," Pinska said. "We are investigating dozens of complaints of felony motor vehicle fraud. The complaints are being made by people who have either purchased a vehicle from, or traded in a vehicle, at a Denny Hecker Automotive Group dealership," said Dunaski. One of Hecker's corporate attorneys, Bill Morhman, says it's not Hecker's fault but GMAC—saying General Motors took over the Twin Cities auto dealer’s struggling empire in March. "Let me very clear. When the vehicles were sold, Hecker did not receive money from transaction. GMAC did," Morhman explained. GMAC released a statement late Wednesday, explaining that a ‘trade-in vehicle transaction is between the dealer and the customer. With respect to liens on trade-in vehicles not being satisfied, GMAC is not a party to those transactions and the dealer, not GMAC, has the responsibility to satisfy all liens.’ Hecker's criminal attorney Marsh Halberg says Hecker is going to file a lawsuit against GMAC as soon as Thursday. "Hecker's corporate attorneys intend to file a civil lawsuit as early as [Thursday] against GMAC, alleging GMAC failed to live up to its agreement with Hecker's dealerships, causing the current problems which are the subject of today's investigation," Halberg said in a statement. Even though Hecker is the target of the investigation, he has not been charged with any crime. The 56-year-old filed for personal bankruptcy protection earlier this month. According to court papers, he said he owes up to $1 billion to 1,000 creditors. He used to be one of Minnesota's largest car dealers, but he's closed or sold 25 of his 26 dealerships. |
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