One former employee of fallen auto dealer Denny Hecker was found in contempt of court Wednesday, while another former associate asked that most of the criminal charges against him be dropped.
U.S. Bankruptcy Judge Robert Kressel found James Gustafson in contempt of court after he failed to comply with an April court order to turn over documents to the bankruptcy trustee in charge of liquidating Hecker's assets.
Gustafson, who is accused of helping Hecker hide assets from the court and raid his children's trust funds, must pay a $550 fine and appear in court in one week. All requested documents must be turned over by that time, or Gustafson will be taken into custody, Kressel told attorney Steve Meshbesher after a testy exchange. "I have had it up to here with months of delays," Kressel said.
In a separate matter, Steven Leach sought dismissal of nine of the 15 criminal charges alleging he helped Hecker to defraud auto lenders out of millions. He also asked that his trial be separate from Hecker's case, which is scheduled for trial in October.
His attorney, Robert Sicoli, said in a motion in U.S. District Court that Leach needs to sever ties with Hecker's criminal case to avoid confusing a jury. Sicoli also said the adverse publicity surrounding Hecker's turbulent bankruptcy, divorce and criminal cases would prejudice a jury. He submitted dozens of news reports as evidence.
Hecker and Leach were indicted in February and March on charges of defrauding Chrysler Financial and various banks out of millions of dollars by providing doctored, omitted or false collateral information on loan applications. Both have pleaded not guilty. Leach's motion papers sought dismissal of conspiracy and wire fraud charges.
A federal judge will consider motions in the criminal case at a hearing, possibly as soon as June 23.
In the February indictment, Leach was accused of ordering an office worker in Hecker's St. Louis Park headquarters to doctor Hyundai vehicle purchase agreements. He is also accused of faxing the documents to Hecker in Detroit so he could present them to Chrysler Financial for financing.