defraud122707

Man charged with stealing customers’ credit data

A southern Minnesota man is accused of plotting to use credit-card numbers to buy goods in the Burnsville area.

By TIM HARLOW and EMILY JOHNS, Star Tribune staff writers

Last update: December 27, 2007 - 12:07 AM

A man who runs an automobile dealership and parts business in southern Minnesota has been charged with stealing customers' credit-card numbers and racking up at least $20,000 in fraudulent charges in the Burnsville area with the help of an accomplice, according to authorities.

Mark A. Misgen, who owns M & S Auto and Maggio's Pizza in Ellendale, was charged on Friday with felony charges of identity theft, financial transaction card fraud, aiding and abetting financial transaction card fraud, and aiding and abetting theft by swindle.

Misgen conspired with an acquaintance to make fake credit cards using the card numbers of former customers, then using the fakes to buy gift cards, electronics, jewelry, vacuum cleaners and other merchandise at Burnsville stores in early November, the criminal complaint said.

Police plan to charge Misgen's accomplice this week, according to Dakota County Attorney Jim Backstrom.

Phone calls seeking comment from Misgen at his home and restaurant went unanswered Wednesday afternoon. A phone number for M & S Auto was not in service.

Burnsville Police Sgt. Jef Behnken began investigating after a man reported eight fraudulent transactions on his card on Nov. 5 and 6. Five other victims reported unauthorized transactions on their cards between Nov. 5 and 10, with losses ranging from $800 to $4,201.

According to the complaint, the six victims had bought items in person or over the Internet from M & S Auto in Ellendale within the past one or two years. Ellendale is located on Interstate 35 between Owatonna and Albert Lea.

A loss-prevention specialist at the Burnsville Center Sears store told authorities that on Nov. 10 a man -- later identified as Misgen's acquaintance -- tried to buy $700 worth of tools and gift cards, but left when "a clerk asked a manager to verify the information for the purchase."

The clerk caught the license plate of the pickup truck the suspect and his acquaintance drove off in. Authorities traced the truck to Misgen's auto shop, and Misgen said he had allowed his acquaintance to test drive the truck.

In several cases, store clerks using a photo lineup identified Misgen's acquaintance as the person who used credit cards to buy items at Cub Foods, Office Max, the Burnsville Center Sears and the mall's Customer Service Center.

Misgen told investigators that his acquaintance had taken the credit-card numbers from his office or computer and used them to make the fake cards.

Behnken said search warrants were issued to search the suspect's home, auto parts store and the pizza shop and they "revealed fruits of the crimes."

Misgen told police that he had received the stolen items as gifts from his acquaintance, and he accepted the gifts even though he thought it was suspicious.

harlow@startribune.com• 612-673-7768 ejohns@startribune.com • 952-882-9056