Two Reagor Dykes Auto Group employees pleaded guilty today
for their role a $23 million “check kiting” scheme, announced U.S. Attorney for
the Northern District of Texas Erin Nealy Cox.
Sheila Evans Miller, 52, and Diana Herrera Urias, 53,
pleaded guilty to conspiracy to commit bank fraud before Magistrate Judge Lee
Ann Reno in Amarillo Friday morning.
Their CFO, Shane Andrew Smith, previously pleaded guilty to
conspiracy to commit wire fraud for his role in the check kiting scheme and a
related floor plan fraud scheme.
In plea papers, Ms. Miller, an RDAG group controller, and
Ms. Urias, an RDAG office manager, admitted that the auto group – which was
struggling with ballooning expenses due to aggressive growth, above market
compensation and unnecessary overhead – engaged in widespread, systematic check
kiting, a ploy that involves concealing fraud by cross-depositing checks across
several banks.
In fact, the company had an entire team at its headquarters
specifically designated to kite checks, both women admitted.
Due to the kiting, RDAG checks that should have bounced
instead cleared during banks’ float time, the period between the deposit in the
recipient account and the deduction from the payer’s account, according to
their plea papers.
At the instruction of RDAG Chief Financial Officer Shane
Smith, Ms. Miller, Ms. Urias, and others would make up random amounts for each
check to total the amount that needed to be kited for the day, often discussing
the calculus over email, they said.
Ms. Miller and Ms. Urias each face up to five years in
federal prison and may be required to pay at least $23 million in restitution.
Mr. Smith faces up to 20 years in federal prison, and will be required to pay a
mandatory restitution of more than $50 million, equal to the total amount of
loss suffered by FMCC and victim banks.
The Federal Bureau of Investigation and Internal Revenue
Service - Criminal Investigation Division conducted the investigation.
Assistant U.S. Attorneys Joshua Frausto, Jeffrey Haag, and Sean Taylor are
prosecuting the case.
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