Executives at subprime auto lender Tricolor face fraud charges following bankruptcy


By Chris Isidore, NCS

(NCS) — Federal prosecutors have charged high executives at the subprime auto lender Tricolor with conspiring to defraud lenders and buyers of the now-bankrupt firm.

Tricolor, which went out of enterprise in September, specialised in providing loans and promoting used automobiles to buyers without Social Security numbers or credit histories, typically undocumented immigrants. The federal indictment claims that Tricolor founder and CEO Daniel Chu oversaw a scheme to defraud lenders to the tune of billions of {dollars}.

“Fraud became an integral component of Tricolor’s business strategy,” mentioned Jay Clayton, US legal professional for the Southern District of New York. “The resulting billion-dollar collapse harmed banks, investors, employees and customers.”

The indictment, unsealed Wednesday in Manhattan, mentioned that at Chu’s path, “multiple Tricolor executives repeatedly defrauded lenders” with schemes together with “double-pledging collateral,” or pledging the identical property to a number of lenders at the identical time.

The different main defendant within the case is Tricolor’s COO, David Goodgame. Two different former executives, Jerome Kollar and Ameryn Seibold, pled responsible and are cooperating with the investigation.

As Tricolor approached its collapse in August, and after Chu noticed that the corporate was “basically history,” the indictment claims he directed Kollar to pay him $6.25 million in bonuses. He allegedly used a few of this cash to buy a multimillion-dollar property in Beverly Hills, California.

Three weeks later, Tricolor positioned greater than 1,000 staff on unpaid leaves of absence and a month later the corporate filed for bankruptcy, based on the indictment.

Since then, a number of giant banks that loaned to Tricolor have warned their very own buyers they had been possible victims of fraud.

JPMorgan Chase, the nation’s largest financial institution, mentioned it might take a $170 million hit from its dealings with Tricolor. JPMorgan CEO Jamie Dimon later mentioned of the losses related to Tricolor and different industrial lenders: “there clearly was, in my opinion, fraud involved in a bunch of these things.”

“I probably shouldn’t say this, but when you see one cockroach, there are probably more,” he added.

Another lender, Fifth Third Bank, mentioned in a September submitting that it had been working with regulation enforcement to analyze obvious fraud in its dealings with a industrial lender, taking a $200 million loss on these loans. A spokesperson for Fifth Third later confirmed to NCS that Tricolor was the industrial borrower.

A court-appointed trustee in Tricolor’s bankruptcy case informed the courtroom in October that there been a “pervasive fraud” of “extraordinary proportion,” based on a report by Bloomberg.

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