Scott Tucker (racing driver)

Last updated

Scott Tucker
ScottTuckerRaceCarDriver.jpg
Tucker in 2010
BornMay 5, 1962 (1962-05-05) (age 57)
Kansas City, Missouri, U.S.
NationalityAmerican
Criminal statusIn prison
Conviction(s) mail fraud, making false statements to a bank (1991); racketeering, wire fraud, money laundering, Truth In Lending Act violation (2017)
Criminal penalty1 year (1991); 16 years, 8 months (2017)
Imprisoned at Leavenworth 1991-1992
Scott Tucker
Years active2006-2014
Car no.055, 95
Former teamsKolles, Kelly Moss Motorsports, Hope Financial Racing, Level 5 Motorsports
Wins101
Previous series
United SportsCar Championship, IMSA Lites, GT3 Cup, SCCA, American Le Mans Series, Intercontinental Le Mans Cup, KONI Challenge Series,
24 Hours of Le Mans career
Years 2010 - 2013
Teams Kolles
Level 5 Motorsports
Best finish10th (2011)
Class wins0

Scott Tucker (born May 5, 1962 in Kansas City, Missouri) is an American convicted racketeer, former businessman and amateur racing driver.

Kansas City, Missouri City in western Missouri

Kansas City is the largest city in the U.S. state of Missouri. According to the U.S. Census Bureau, the city had an estimated population of 491,918 in 2018, making it the 38th most-populous city in the United States. It is the central city of the Kansas City metropolitan area, which straddles the Kansas–Missouri state line. Kansas City was founded in the 1830s as a Missouri River port at its confluence with the Kansas River coming in from the west. On June 1, 1850 the town of Kansas was incorporated; shortly after came the establishment of the Kansas Territory. Confusion between the two ensued and the name Kansas City was assigned to distinguish them soon after.

A racket, according to the current common and most general definition, is an organized criminal act in which the criminal act is some form of substantial business, or a way to earn illegal money either regularly, or briefly but repeatedly. A racket is therefore generally a repeated or continuous criminal operation. However, originally and often still specifically, a “racket” referred to a criminal act in which the perpetrator or perpetrators fraudulently offer a service to solve a nonexistent problem, a service that will not be put into effect, or a service that would not exist without the racket. Conducting a racket is racketeering. Particularly, the potential problem may be caused by the same party that offers to solve it, but that fact may be concealed, with the specific intent to engender continual patronage for this party.

Contents

In 2001, Tucker founded an online business, AMG Services, that made payday loans even in states where these high-interest, low-principal loans were restricted or illegal. The business, which generated over $3.5 billion in revenue from just 2008 to June 2013, [1] ultimately made loans to at least 4.5 million Americans. [1] When state regulators tried to shut down his operations, Tucker made deals with Native American tribes to claim ownership of his business and invoke sovereign immunity from state courts. [2] In February 2016, Tucker was arrested and indicted on federal criminal charges filed in the United States District Court for the Southern District of New York in relation to his ownership and controlling role in various payday lending operations that were found to have charged illegal interest rates in violation of RICO and TILA statutes. [3] [4] Tucker was convicted of making illegal payday loans and of racketeering in October 2017; he is currently serving a sentence of 16 years and 8 months in federal prison. [1]

Payday loan small, short-term unsecured loan

A payday loan is a small, short-term unsecured loan, "regardless of whether repayment of loans is linked to a borrower's payday." The loans are also sometimes referred to as "cash advances," though that term can also refer to cash provided against a prearranged line of credit such as a credit card. Payday advance loans rely on the consumer having previous payroll and employment records. Legislation regarding payday loans varies widely between different countries, and in federal systems, between different states or provinces.

Tribal sovereignty in the United States type of political status of Native Americans

Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. The U.S. federal government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to clarify the relationship between the federal, state, and tribal governments.

United States District Court for the Southern District of New York United States federal district court

The United States District Court for the Southern District of New York, known informally as The Mother Court, is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit.

Tucker began his racing career in 2006, most notably competing in the American Le Mans Series and United SportsCar Championship for his Level 5 Motorsports. [5] [6]

American Le Mans Series auto racing championship in the United States

The American Le Mans Series (ALMS) was a sports car racing series based in the United States and Canada. It consisted of a series of endurance and sprint races, and was created in the spirit of the 24 Hours of Le Mans.

Level 5 Motorsports was an American auto racing team founded in 2006 by racing driver, technology entrepreneur and convicted racketeer Scott Tucker, currently serving a sentence of 16 years and 8 months in federal prison. Level 5 Motorsports competed in the United SportsCar Championship and Ferrari Challenge, having won multiple American Le Mans Series championships and endurance races including the 24 Hours of Daytona, 12 Hours of Sebring and Petit Le Mans. Level 5 Motorsports began with Tucker competing in the Sports Car Club of America and Ferrari Challenge Series. In 2007, while continuing with SCCA and Ferrari Challenge, Tucker entered several events in the Rolex Sports Car Series and Koni Challenge Series with co-driver Ed Zabinski. Tucker also competed in the IMSA GT3 Cup Challenge.

The story of Tucker's fall from grace is chronicled in the second episode of the Netflix series Dirty Money entitled "Payday". [7]

Netflix Internet media streaming and video on demand service

Netflix, Inc. is an American media-services provider headquartered in Los Gatos, California, founded in 1997 by Reed Hastings and Marc Randolph in Scotts Valley, California. The company's primary business is its subscription-based streaming OTT service which offers online streaming of a library of films and television programs, including those produced in-house. As of April 2019, Netflix had over 148 million paid subscriptions worldwide, including 60 million in the United States, and over 154 million subscriptions total including free trials. It is available almost worldwide except in mainland China as well as Syria, North Korea, and Crimea. The company also has offices in the Netherlands, Brazil, India, Japan, and South Korea. Netflix is a member of the Motion Picture Association of America (MPAA).

<i>Dirty Money</i> (2018 TV series) 2018 American web television series

Dirty Money is an American documentary television series which tells stories of corporate corruption. All six episodes of one hour long began streaming on Netflix on January 26, 2018. The show's executive producers include Oscar-winning documentary filmmaker Alex Gibney. Each episode focuses on one example of corporate corruption and includes interviews with key players in each story. Alex Gibney confirmed the series is getting a second season on Twitter.

Career

Racketeering, business and payday loan career

In 1991, Tucker was convicted of three felony charges, including mail fraud and making false statements to a bank. One of the charges stemmed from a bogus lending company Tucker ran called Chase, Morgan, Stearns & Lloyd that charged businesses advanced fees for loans that were never delivered. He was imprisoned for a year at Leavenworth federal prison. [8]

Making false statements is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in "any matter within the jurisdiction" of the federal government of the United States, even by merely denying guilt when asked by a federal agent. A number of notable people have been convicted under the section, including Martha Stewart, Rod Blagojevich, Michael T. Flynn, Rick Gates, Scooter Libby, Bernard Madoff, and Jeffrey Skilling.

United States Penitentiary, Leavenworth civilian federal prison in Leavenworth, Kansas, near Fort Leavenworth

The United States Penitentiary, Leavenworth is a medium-security United States federal prison for male inmates that is located in northeast Kansas. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. It also includes a satellite federal prison camp (FPC) for minimum-security male offenders.

Tucker was CEO of AMG Services, a payday loan company that was found to charge undisclosed and inflated fees and used tribal entities in an attempt to violate state lending laws. [9] [10]

Payday loans in the United States Overview of payday loans

A payday loan is a small, short-term unsecured loan, "regardless of whether repayment of loans is linked to a borrower's payday." The loans are also sometimes referred to as "cash advances," though that term can also refer to cash provided against a prearranged line of credit such as a credit card. Payday advance loans rely on the consumer having previous payroll and employment records. Legislation regarding payday loans varies widely between different countries and, within the United States, between different states.

In April 2012, the Federal Trade Commission filed a civil suit against AMG Services, Scott Tucker and others alleging that AMG engaged in illegal business tactics. [11] In May 2014, a U.S. grand jury subpoenaed AMG Services as part of a criminal probe conducted by the office of Manhattan U.S. Attorney Preet Bharara, reportedly looking at possible violations of statutes covering wire fraud, money laundering and racketeering. [12]

In September 2016, a federal district judge ordered Tucker and other defendants to pay a record judgment of $1.266 billion for "deceiving consumers across the country and illegally charging them undisclosed and inflated fees". [10] Tucker was also banned from the consumer-lending business. In January 2015, AMG Services and MNE Services Inc. agreed to settle charges with the Federal Trade Commission by paying a $21 million fine as well as waiving an additional $285 million in charges that were assessed but not collected. [13] [14]

In February 2016, Tucker was indicted and arrested for various criminal violations under RICO and TILA statutes for acts related to his involvement in a number of payday lending operations. [15] On October 13, 2017, Tucker was convicted of making illegal payday loans and racketeering. [16]

Tucker was indicted in December 2017 for filing a false tax return. The US Attorney for Kansas alleges that Tucker created a sham sale of his payday loan business to the Miami Indian tribe of Oklahoma for $120,000 while he continued to control the business. The indictment alleges Tucker failed to report more than $117.5 million in income in 2009 and 2010. Tucker's tax accountant was also indicted. [17]

Tucker is estimated to have earned $380 million from his payday loan organization, which exploited Native American sovereign immunity laws as a loophole through which to offer payday loans in states in which they are illegal. Operating under names including Ameriloan, Cash Advance, One Click Cash, United Cash Loans, and 500 FastCash, Tucker's organization employed approximately 600 people and made loans with terms that included renewals and fees, as well as interest rates as high as 700% per year. The majority of these loans were issued to low-income individuals. [18]

Blaine and Joel Tucker, his brothers, were also involved in payday lending and faced criminal charges for their activities. Blaine Tucker committed suicide in 2014, while Joel Tucker received a $4 million civil penalty from the Federal Trade Commission for selling fake payday loan portfolios to debt collectors. [18] [19]

Scott Tucker's organizations ceased operation after he and his lawyer Timothy Muir were indicted in federal court in Manhattan. They were convicted on 14 counts of racketeering, wire fraud, money laundering, and Truth In Lending Act offenses on October 13, 2017. [18] [19] [1]

Tucker's story is told in the documentary series Dirty Money on Netflix (Season 1, Episode 2). In the episode, Tucker sat for lengthy interviews with director Jesse Moss, portraying himself as a victim of overzealous government lawyers. [20]

Tucker is serving a sentence of 16 years 8 months, and his lawyer Tim Muir is serving a sentence of 7 years. [1] Tucker's inmate number is 06133-045 and he is scheduled for release from prison on June 27, 2032. [21]

Racing career

Tucker used money from his payday lending business to fund his exploits as an amateur race car driver. [22] [23]

Ferrari Challenge

In 2006, he completed a full season in the Ferrari Challenge. His first race in March at Homestead-Miami Speedway was his third event as a sports car driver. His best result was a fifth-place finish at Portland International Raceway in Oregon. He won third place in one of two North American races at the World Finals in Monza, Italy. In 2007, Tucker participated in his second full season in the Ferrari Challenge, claiming his first career win in May at Infineon Raceway in Sonoma, California.

In 2008, Tucker developed Level 5 Motorsports entering the Ferrari Challenge Series as a new team owner and driver. As driver of the new team, he won six of the 13 races entered, finishing second overall in the final drivers' standings. In the same year, Tucker expanded his and Level 5 Motorsports racing circuit by entering the team in four Rolex Sports Car Series races in a Ferrari V8 Crawford GT with Ed Zabinski. [24] In 2009, Tucker won 10 races, the most in Ferrari Challenge history. His Boardwalk Ferrari team won the Dealer's Championship.

Rolex Sports Car Series

Scott Tucker in a Ferrari Crawford GT FerrariCrawfordGT.jpg
Scott Tucker in a Ferrari Crawford GT

Scott Tucker began competing in the Grand-Am Rolex Sports Car Series in a partial season during the year 2007. In 2008, Scott Tucker debuted in the Rolex 24 at Daytona driving a TRG Grand-Am GT Porsche in the Rolex Series driving with Ed Zabinski, Jack Baldwin, Martin Ragginger and Claudio Burton. The team finished 28th in class due to an engine failure in the 20th hour of the event. After the Rolex 24, Tucker entered Level 5 Motorsports in 3 additional races with Ed Zabinski in the Rolex Series. [25]

In 2009, he teamed up with French sports car driver Christophe Bouchut and earned a career best finish of third at Watkins Glen International.

Tucker with co-drivers Richard Westbrook, Ryan Hunter-Reay, and Lucas Luhr at Daytona Scott Tucker-2010-Rolex 24-5.jpg
Tucker with co-drivers Richard Westbrook, Ryan Hunter-Reay, and Lucas Luhr at Daytona

Tucker drove both cars at Homestead-Miami Speedway, teaming up with Bouchut in the No. 55 car. In 2010, Tucker added four-time Champ Car World Series champion Sébastien Bourdais, Richard Westbrook, Sascha Maassen, Lucas Luhr, Ryan Hunter-Reay, and Emmanuel Collard to his team for the 48th running of the Rolex 24 At Daytona. Tucker and Level 5's progress through the race was part of a documentary entitled Daytona Dream. [26] The documentary was produced by Drive Digital Media, a venture Scott Tucker was an investor in. [27]

American Le Mans Series

Tucker competed in the American Le Mans Series in 2010 alongside his campaign in the Rolex Sports Car Series, this time entered in the spec racing Le Mans Prototype Challenge (LMPC) class. As in Rolex, Tucker divides driving duties between both Level 5 cars. Tucker, along with Bouchut and new teammate Mark Wilkins, won the 12 Hours of Sebring in the LMPC category. The trio went on to win three further races during the season, at Laguna Seca, Miller, and Mid-Ohio. Tucker won the LMPC class championship and was named the American Le Mans Series Rookie of the Year.

Moving into the LMP2 category for 2011, Tucker and his Level 5 Motorsports obtained a new Lola-Honda prototypes. Tucker was part of the winning team in the 12 Hours of Sebring. Due to a lack of competitors in LMP2 class of the American Le Mans Series, Level 5 concentrated on the Intercontinental Le Mans Cup rounds in Europe.

Tucker and Level 5 returned Stateside and won three end-of-season American Le Mans Series races, including the Petit Le Mans with its new HPD ARX-01g.

In 2012, Tucker and Level 5 embarked on a full-season campaign in the ALMS P2 category with two new HPD ARX-03bs. Tucker scored 8 class wins to claim the 2012 P2 championship.

In 2013, Tucker went on to claim his fourth ALMS drivers' championship after scoring eight class wins in ten races. [28]

United SportsCar Championship

Tucker won the 2014 Daytona 24 Hours in the GT Daytona class in the No. 555 Level 5 Motorsports Ferrari 458 Italia GT3 with co-drivers Jeff Segal, Townsend Bell, Bill Sweedler and Alessandro Pier Guidi, despite the car having initially been handed a penalty for deemed late-race avoidable contact. IMSA reversed the call more than four hours after the race, declaring the No. 555 car the winners in GTD. [29] The Daytona win came on the 60th anniversary of Ferrari racing in America. [30]

24 Hours of Le Mans

Tucker and Level 5 teammate Christophe Bouchut were able to join the driver line-up of the German Kolles team for the 2010 24 Hours of Le Mans, driving one of two diesel-powered Audi R10 TDIs. The two, joined by Frenchman Manuel Rodrigues, failed to finish the race.

In 2011, Tucker scored his first career Le Mans podium result, combining with co-drivers Christophe Bouchut and João Barbosa in Level 5 Motorsports' Lola B11/80 Honda Coupe for a third-place finish in LMP2. The result came in Level 5's debut race as an entrant in the race. [31]

In 2012, Tucker competed in LMP2 and finished 14. His team finished 13th in LMP2 during the 2013 24 Hours of Le Mans.

SCCA

In 2012, Tucker was the national title holder in the D Sports Racing driving a West, claiming the SCCA record lap at Road America with a time of 1:58.997. [32] West Race Cars was purchased by Level 5 in 2011, and significant resources and money were expended by Level 5 to build the record-breaking car. [33]

Racing record

24 Hours of Le Mans results

YearTeamCo-DriversCarClassLapsPos.Class
Pos.
2010 Flag of Germany.svg Kolles
Flag of the United States.svg Level 5 Motorsports 		Flag of France.svg Manuel Rodrigues
Flag of France.svg Christophe Bouchut 		Audi R10 TDI LMP1182DNFDNF
2011 Flag of the United States.svg Level 5 Motorsports Flag of France.svg Christophe Bouchut
Flag of Portugal.svg João Barbosa 		Lola B11/80-HPD LMP231910th3rd
2012 Flag of the United States.svg Level 5 Motorsports Flag of France.svg Christophe Bouchut
Flag of Mexico.svg Luis Díaz 		HPD ARX-03b LMP2240DNFDNF
2013 Flag of the United States.svg Level 5 Motorsports Flag of Australia (converted).svg Ryan Briscoe
Flag of the United Kingdom.svg Marino Franchitti 		HPD ARX-03b LMP2242NCNC

Personal life

Tucker grew up in Kansas City, Missouri, and went to Rockhurst High School. [34] He studied business administration at Kansas State University. Tucker is married to his wife Kim and has two daughters. [9]

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References

  1. 1 2 3 4 5 "Scott Tucker Sentenced To More Than 16 Years In Prison For Running $3.5 Billion Unlawful Internet Payday Lending Enterprise". US Department of Justice. January 5, 2018.
  2. ↑ Heath, David (September 26, 2011). "Payday lending bankrolls auto racer's fortune". Center for Public Integrity.
  3. ↑ "Manhattan U.S. Attorney Announces Charges Against Owner Of, And Attorney For, $2 Billion Unlawful Internet Payday Lending Enterprise". United States Department of Justice. February 10, 2016.
  4. ↑ "Pro racecar driver Scott Tucker charged with payday loans". ABC news. Archived from the original on February 13, 2016.
  5. ↑ Baime, A.J. (July 29, 2010). "Racing's One-in-a-Million Story: After taking up the sport just four years ago, a 48-year-old American makes history at Le Mans". The Wall Street Journal .
  6. ↑ "ALMS: Scott Tucker's Bucket List". auto-racing.speedtv.com.
  7. ↑ "Dirty Money". Netflix . Retrieved February 8, 2018.
  8. ↑ Heath, David. "Race car driver Scott Tucker drew an elaborate facade around his payday loan businesses". Center for Public Integrity. Retrieved September 28, 2011.
  9. 1 2 Armen Keteyian (September 26, 2011). "How "payday" lenders pull off crippling rates". cbsnews.com. CBS News . Retrieved September 28, 2011.
  10. 1 2 "U.S. Court Finds in FTC's Favor and Imposes Record $1.3 Billion Judgment Against Defendants Behind AMG Payday Lending Scheme". Federal Trade Commission. October 4, 2016.
  11. ↑ "FTC Charges Payday Lending Scheme with Piling Inflated Fees on Borrowers and Making Unlawful Threats when Collecting". Federal Trade Commission. Retrieved August 22, 2012.
  12. ↑ Raymond, Nate (May 5, 2014). "Payday lender AMG Services subpoenaed in criminal probe". The Columbus Dispatch . Archived from the original on May 26, 2014. Retrieved May 25, 2014.
  13. ↑ "Online Payday Lending Companies to Pay $21 Million to Settle Federal Trade Commission Charges that They Deceived Consumers Nationwide". Federal Trade Commission. January 15, 2015.
  14. ↑ http://www.ftc.gov/system/files/documents/cases/150116amgorder.pdf
  15. ↑ "United States of America vs Scott Tucker and Timothy Muir Sealed Indictment 16CRIM091". United States District Court Southern District of New York. Retrieved February 6, 2018.
  16. ↑ "Payday lender Scott Tucker of Leawood convicted of illegal payday loans, racketeering". The Kansas City Star. October 13, 2017. Retrieved February 6, 2018.
  17. ↑ "Indictment: Scott Tucker Failed to Report Millions in Income". Department of Justice. December 20, 2017.
  18. 1 2 3 Vockrodt, Steve (October 13, 2017). "Payday lender Scott Tucker of Leawood convicted of illegal payday loans, racketeering". The Kansas City Star.
  19. 1 2 Faux, Zeke (December 6, 2017). "Millions Are Hounded for Debt They Don't Owe. One Victim Fought Back, With a Vengeance". Bloomberg News.
  20. ↑ "Payday". Netflix. January 26, 2018.
  21. ↑ "Inmate Locator". www.bop.gov. Retrieved February 22, 2018.
  22. ↑ Vockrodt, Steve (October 13, 2017). "Payday lender Scott Tucker of Leawood convicted of illegal payday loans, racketeering". The Kansas City Star . Retrieved January 29, 2018.
  23. ↑ "2015 FIA Driver Ratings" (PDF). Retrieved March 6, 2019. Tucker, Scott: Silver
  24. ↑ "Scott Tucker News". News.speedtv.com. Retrieved November 3, 2011.
  25. ↑ "Scott Tucker Bio". grand-am.com. GRAND-AM Road Racing. Archived from the original on November 8, 2011.
  26. ↑ "Daytona Dream". IMDB.
  27. ↑ "KC Magazine gave payday-lending magnate Scott Tucker all the good press his money could buy".
  28. ↑ "Champions in Five Classes - 2013 ALMS" . Retrieved February 17, 2014.
  29. ↑ DiZinno, Tony. "Level 5 Wins Rolex 24 in GTD after Penalty Overtuned" . Retrieved February 17, 2014.
  30. ↑ "Ferrari in America at 60: Racing highlights, 1993-2014". AutoWeek.com. AutoWeek. Retrieved November 4, 2014.
  31. ↑ "AUTO RACING - LE MANS: Audi Wins Le Mans Thriller". Auto-racing.speedtv.com. June 12, 2011. Retrieved November 3, 2011.
  32. ↑ "Scott Tucker claims two titles, turns record lap in SCCA runoffs at Road America". AutoWeek. Retrieved April 6, 2019.
  33. ↑ "Dinner with Racers: The Level 5 Special".
  34. ↑ "American Indian tribes used by convicted payday lender Scott Tucker settle with feds". The Kansas City Star. Retrieved June 28, 2018.
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