Justice Information. SCOTT TUCKER and TIMOTHY MUIR



Sep
2021

Justice Information. SCOTT TUCKER and TIMOTHY MUIR

The Sham Tribal Ownership of this Company

As a result to complaints that the Tucker Payday Lenders had been expanding loans that are abusive breach of these usury laws and regulations, a few states begun to investigate the Tucker Payday Lenders. A legal doctrine that, among other things, generally prevents states from enforcing their laws against Native American tribes to thwart these state actions, TUCKER devised a scheme to claim that his lending businesses were protected by sovereign immunity. Starting in 2003, TUCKER entered into agreements with several native tribes that are americanthe “Tribes”), like the Santee Sioux Tribe of Nebraska, the Miami Tribe of Oklahoma, therefore the Modoc Tribe of Oklahoma. The goal of these agreements would be to result in the Tribes to claim they owned and operated areas of TUCKER’s payday financing enterprise, Columbus payday advances to ensure when states desired to enforce laws prohibiting TUCKER’s loans, TUCKER’s financing organizations would claim become protected by sovereign immunity. In exchange, the Tribes received payments from TUCKER, typically one per cent of this revenues through the part of TUCKER’s payday lending company that the Tribes purported to possess.

To be able to produce the impression that the Tribes owned and controlled TUCKER’s lending that is payday, TUCKER and MUIR involved in a number of lies and deceptions. Among other items:

  • MUIR as well as other counsel for TUCKER ready false declarations that are factual tribal representatives that have been submitted to mention courts, falsely claiming, on top of other things, that tribal corporations substantively owned, managed, and handled the portions of TUCKER’s company targeted by state enforcement actions.
  • TUCKER launched bank records to use and have the profits regarding the lending that is payday, that have been nominally held by tribally owned corporations, but that have been, in fact, owned and managed by TUCKER. TUCKER received over $380 million because of these reports on luxurious personal costs, a few of which was allocated to a fleet of Ferraris and Porsches, the expenses of a professional automobile racing group, a personal jet, an extra house in Aspen, Colorado, along with his personal fees.
  • Employees of TUCKER making pay day loans within the phone told borrowers, making use of scripts directed and approved by TUCKER and MUIR, which they were running in Oklahoma and Nebraska, in which the Tribes had been positioned, whenever in reality they certainly were running at TUCKER’s business headquarters in Kansas to be able to deceive borrowers into thinking which they were working with indigenous American tribes.
  • These deceptions succeeded for a while, and a few state courts dismissed enforcement actions against TUCKER’s payday financing organizations predicated on claims they had been protected by sovereign immunity.

    The truth is, the Tribes neither owned nor operated any element of TUCKER’s lending business that is payday. The Tribes made no payment to TUCKER to get the portions associated with the continuing company they purported to possess. TUCKER proceeded to work their financing company from a headquarters that is corporate Kansas, and TUCKER proceeded to enjoy the earnings of this payday lending organizations, which generated over $3.5 billion in revenue from simply 2008 to June 2013 – in significant component by billing struggling borrowers high interest levels expressly forbidden by state guidelines.

    TUCKER, 55, and MUIR, 46, had been convicted in most 14 counts when you look at the Indictment, including one count of conspiring to commit racketeering through the number of illegal debt, three counts of taking part in a racketeering enterprise through the number of illegal financial obligation, one count of conspiring to commit cable fraudulence, one count of cable fraud, one count of conspiring to commit cash laundering, two counts of cash laundering, and five counts of violating TILA.

    Mr. Kim praised the outstanding investigative work regarding the St. Louis Field workplace regarding the IRS-CI. Mr. Kim additionally thanked the Criminal Investigators at the united states of america Attorney’s Office, the Federal Bureau of research, as well as the Federal Trade Commission for the case to their assistance.

    If you were to think you were a victim for this criminal activity, including a target eligible to restitution, and also you desire to offer information to legislation enforcement and/or accept notice of future developments in case or more information, please contact the Victim/Witness product during the united states of america Attorney’s Office when it comes to Southern District of brand new York, at (866) 874-8900. For more information, head to: