INDIANAPOLIS, INDIANA
Two men, Brian Fenner, 44, of Indianapolis, and Dennis Birkley, 59, of Wisconsin, have been charged in a federal grand jury indictment for conspiracy to commit mail, wire, and bank fraud.
The indictment alleged that Fenner and Birkley conspired to wash motor vehicle titles of bank liens and sell the vehicles for personal profit. According to the indictment, Fenner targeted financially distressed individuals who were upside down on their auto loans. He allegedly promised to pay their bankruptcy attorneys’ fees if they turned their vehicles over to him.
The individuals, who thought they were getting a ‘free’ bankruptcy, signed over their vehicles to Fenner. However, what they didn’t know was that Fenner had agreed with his silent partner, Birkley, to exploit Indiana’s mechanic’s lien law to strip the vehicle titles of the banks’ liens, leaving the individuals with the debt but no collateral to return to the bank.
Fenner and Birkley allegedly used the mechanic’s lien process to sell the vehicles at public auctions, with Birkley’s company, AMI Asset Management, ‘winning’ every auction. The indictment alleges that the scheme left the financially distressed individuals with no vehicles but still with the vehicle loan debt, which they were often unable to discharge in bankruptcy.
The indictment alleges that between 2013 and 2016, numerous individuals from around the United States signed on with Fenner and had their vehicles towed to and stored on Fenner’s lots in Indianapolis. According to the indictment, Fenner charged the individuals exorbitant ‘towing’ and ‘storage’ fees for bringing their cars to his Indianapolis lots.
Fenner and Birkley each face up to twenty years in prison. The case is being jointly investigated by the Federal Bureau of Investigation and the Indiana State Police, with assistance from the U.S. Trustee Program. The partnership between the Indiana State Police and the FBI allows joint investigations of this nature to occur and hold accountable those who seek to profit on the misery of others.
The indictment alleges that the scheme was profitable for Birkley, who sold the vehicles and received thousands of dollars in profit, which he split with Fenner. According to the indictment, the scheme left the financially distressed individuals with no vehicles but still with the vehicle loan debt, which they were often unable to discharge in bankruptcy.
Key Facts
- State: Indiana
- Category: White Collar Crime
- Source: DOJ Press Release â†â€â€
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