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In this episode of American Greed, he's
a race car driver on a fast and
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furious rise to the top of the payday
loan industry.
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We started building an online lending
platform.
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We built it into a multi -billion dollar
brand. But Scott Tucker is selling high
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interest predatory loans designed to
bleed consumers dry.
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They just kind of turned into piranha
and just attacked my account.
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He was targeting people who could at
least afford it at the worst times in
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lives. The customer dictated that they
didn't have any other place to go.
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He's making a killing as he fleeces more
than $1 billion out of millions of
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customers. All the fuel is high -octane
lifestyle.
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There's a lot of snakes out there, and
Mr.
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Tucker is damn sure one of them.
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It's the American Le Mans Series in
Laguna Seca, California.
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And 49 -year -old payday loan
entrepreneur Scott Tucker is behind the
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facing a double -barrel challenge.
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First, the racetrack itself, which is
known as one of the world's toughest.
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Laguna Seca is challenging because of
the turns. The hairpins and the S's are
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very, very tight, and they're difficult
to navigate in traffic.
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To get that car around that corner that
fast with that speed and maintain that,
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it's difficult to do. And it's a quick,
easy way to spin out.
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He's also got the law hot on his trail.
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The feds are after him for allegedly
ripping off consumers.
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And they want to shut his business down.
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But Tucker can't take his mind off the
road.
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Not as he heads toward a corkscrew at
100 -plus miles per hour.
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Any race car driver will tell you if
you're focused on anything else, that's
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when you go off the track. If you're not
in that moment in that car, that could
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be death.
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It's 21 years before this race when
Scott Tucker first learns what a real
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tailspin feels like. A failed criminal
enterprise lands him here at Leavenworth
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Federal Penitentiary in Kansas in 1991.
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Only 29 at the time, he's convicted of
mail fraud after running a scam under a
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made -up company called Chase Morgan
Stearns & Lloyd.
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Tucker started this business where he's
essentially telling people he can get
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them loans, and that the reason why he
could get them loans is because his
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business is owned by J .P. Morgan and
Chase Manhattan and Lloyds of London,
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that as a result, he had access to
capital.
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In fact, he had no connection to those
banks, and he had no ability to get
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people financing.
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He just charged them advance fees.
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and pocketed their money.
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After serving a year in prison, the
native Kansan seeks a fresh start.
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According to Tucker himself, he bounces
from one business to the next, managing
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a bar and grill, and then selling cars.
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But it's in the rapidly growing payday
loan industry where he smells real
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opportunity.
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Payday loans are short -term loans for
an amount usually between $100 and $1
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,000. And we call them payday loans
because they're usually due at the
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borrower's next payday, which could be
two weeks after the loan is issued.
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Most banks stopped making small cash
loans to consumers by the late 1990s. So
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payday lenders are filling that void.
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For people with no place else to turn,
many are willing to pay the costly
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interest fees.
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that payday lenders charge.
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They're usually geared at financially
distressed consumers.
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A lot of these folks are living paycheck
to paycheck, and some of them might
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also have a special emergency, like a
car breakdown or a medical bill,
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else like that.
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Tucker gets in on the action and rents a
storefront outside Kansas City in 1997.
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There, he begins operating a payday loan
service.
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In this podcast, recorded in 2017, Scott
Tucker explains how he took a leap of
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faith into an emerging industry.
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The business model is, are you smart
enough to be able to make the decision
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on who you will or will not advance
money to, and how do you price it? And
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was no answers. You had to do it and
figure it out.
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At first...
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Tucker follows the same playbook as many
other payday lenders.
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Besides charging high interest rates, he
makes the most money from customers who
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can't pay him back on time and who get
roped into taking out a second or even
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third loan known as a rollover.
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Some people would say, you know, $350.
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for borrowing $300, that's not that
crazy of a deal, especially for a
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person. The problem is the rollover
fees, which is that they kind of nudge
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they encourage you to extend the loan,
then it kind of traps you into the cycle
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of debt.
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But then Tucker meets Charles Hallinan,
a wealthy entrepreneur from
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Pennsylvania.
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Hallinan, who authorities would dub the
godfather of payday loans, makes plans
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to tap into markets that no one else
touches, the ones where payday lending
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tightly regulated or even outlawed.
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Many states have state usury laws which
limit the amount of interest you can
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charge. So the game becomes how do you
evade some of these state laws?
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He finds an eager protege in Tucker, and
together they launch a payday lending
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company named National Money Service, or
NMS, in 1998.
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Tucker agrees to run the business in a
Kansas City suburb, while Hallinan
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provides the startup fund.
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Hallinan invested about half a million
dollars with Tucker, a 50 -50 joint
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venture, which essentially entitled
Charles Hallinan to half the proceeds of
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Tucker's payday lending business.
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It's at this point that they hatch their
scheme to sell loans all across the U
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.S., using a bank as their front. This
scheme, called Rent -A -Bank, helps them
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dodge state laws.
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National banks don't have to obey the
state's interest rate limitations,
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and therefore the payday lender would
say that it's the bank that's the
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and therefore we can ignore your state's
regulations on payday loans.
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They forge a partnership with the
obscure county bank of Delaware.
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Its spokesy name and website belie the
fact...
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that it has a federal charter.
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In exchange for 5 % of their profits,
County Bank is willing to lend them its
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name and charter.
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The bank didn't actually lend any money.
The bank didn't put any money at risk.
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But what they did do is they allowed
these payday lenders to say that they
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extending their loans through County
Bank.
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Around the same time, Tucker begins
taking his lending services online.
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His new internet platform gives him
unfettered access to consumers.
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Nathan White.
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This was really a pure entrepreneur
move.
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It was kind of like the Wild Wild West
back then on the Internet.
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He was on the vanguard of it. I think he
came in at the right time in the early
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2000s, figured out that you can leverage
the Internet to market these loans to a
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whole new group of people. That could be
an explosively lucrative market.
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As part of his operation, Tucker sets up
five different companies with names
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like 500 Fast Cash, Cash Advance, and
United Cash Loans. They
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serve as the public face of his lending
enterprise.
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By 2003, Tucker's making millions of
loans each year and generating tens of
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millions of dollars.
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But when federal regulators begin taking
a closer look at County Bank of
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Delaware, he decides that the banks
become too risky and too costly.
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Tucker got tired of paying 5 % of the
county bank for nothing, particularly
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he started to realize that he may have
another option.
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Tucker is convinced that he's found the
perfect alternative, Native American
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tribe.
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States and Indian tribes have the same
status under federal law.
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So a state cannot sue an Indian tribe. A
state cannot enforce state law against
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an Indian tribe.
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They have tribal sovereign immunity.
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By partnering with one or more tribes,
he can use tribal law to shield himself
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from regulators and keep more of the
profits for himself.
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He would pay them a very small
percentage of his revenues in exchange
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acting as the figureheads for his
lending business.
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As Tucker begins to lure one tribe after
another into his racket, it seems he'll
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exploit whomever he needs to for money.
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When you have hopelessness to the level
I've seen in Indian country, and then
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you have people come in with ideas, kind
of like the snake oil salesman, it
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makes it worse.
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Next on American Greed, Tucker pours a
fortune into the race car team of his
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dreams. But will life in the public eye
be more than he can handle?
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There was this interesting dichotomy of
like him wanting to hide his business,
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but wanting to be famous for racing.
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Those two things can't coexist.
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Welcome to Miami, Miami, Oklahoma.
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It's November 2003.
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Payday lending entrepreneur Scott Tucker
is on the hunt for a new business
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front.
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So he strikes a deal with the Miami
Indian tribe, making them partners in
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multi -million dollar lending
enterprise.
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He does the same with the neighboring
Modoc tribe the following month.
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Scott Tucker pitched them the idea that
in exchange for using their names, he
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would give them 1 % of the revenues.
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coming in from the payday loans. And
Scott Tucker believed that by doing so,
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could create the appearance that the
tribes, and not Scott Tucker, was
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this operation.
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Because the tribes have sovereign
immunity to set their own regulations on
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reservation lands, Tucker believes that
he can use them to evade state laws.
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His lending operation, now called CLK
Management,
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is already doing business illegally in
many states across the U .S. For one
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thing, Tucker's selling payday loans in
places where it's outlawed.
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For another, he's charging exorbitant
interest rates of 700 to 1 ,000 percent,
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well above the legal limits where payday
lending is allowed.
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At the outset, Tucker offers the Miami
and Modoc tribes major roles in his
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organization.
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But as their partnership moved forward,
it becomes clear that the tribes have no
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real voice or decision -making power at
all.
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They were not agreements by which the
tribes actually acquired any payday
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lending business or put up any money to
acquire a payday lending business.
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They didn't have to do anything, and he
didn't want them to do anything.
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All of the actual work is being done at
Tucker's headquarters in Overland Park,
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Kansas.
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He's moved into a bigger building now,
where he employs several hundred call
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center agents and debt collectors.
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To maintain the rules that CLK is
tribally owned, his call center reps are
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required to lie about the firm's
location.
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If anybody asked where they were, they
were told, say, Miami, Oklahoma, and
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were each day given a weather report of
what the weather was in Miami, Oklahoma.
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So if somebody challenged them...
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It's like, are you telling me the truth?
Is it really Miami, Oklahoma? They
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could say, yeah, well, it's 72 degrees
and sunny right now.
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Tucker wants an insurance policy in case
the Oklahoma tribes back out.
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So his lawyers contact a third tribe,
the Yuroks in Northern California.
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It's the spring of 2004 when Lisa Adams,
senior attorney for the Yurok tribe,
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receives their call.
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She's been vetting business
opportunities for the Yuroks.
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who are desperate for revenue.
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Their main industry, a commercial
fishery, collapsed less than two years
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after a catastrophic salmon die -off.
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You have the perfect storm, really, of
collapse of the food chain, then you
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the lack of any meaningful development
of any kind on the reservation.
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Scott Tucker came across initially, we
want to help the people.
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As Adams recalls, The business that
Tucker proposes at first sounds like a
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He invites her and the tribe's leaders
to his office in Kansas, where he makes
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an apparent effort to wow them.
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Mr. Tucker flew us out in his Learjet.
We landed at the airport, and a car
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picked us up and took us to this
beautiful building.
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All of a sudden, this is real. Look at
the successful...
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Look at this number of people that he's
employed. So this is a big operation.
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But Adams says once they get past the
razzle -dazzle, including a flashy video
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presentation and a barbecue lunch,
there's a catch.
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What Tucker and his team are pitching
them now isn't a bank, but a so -called
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lending office on Yurok soil.
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Its main function would be to receive
incoming mail.
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and forward it to Tucker's headquarters
in Kansas.
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Now all of a sudden, we've got a
building with a couple tribal members
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envelopes. I'm like, what's up with
this?
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One of Tucker's lawyers allegedly
describes the tribe's role as something
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an offshore bank account.
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You're using the term offshore bank
account. You're talking about a mere
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presence and not an actual real
functioning business.
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Smacks of money laundering.
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Tucker promises the Yuroks monthly
payments of $12 ,500 if they sign the
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The Yuroks fly home.
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But the proposal ultimately goes
nowhere.
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As hard -pressed as the Yuroks are, the
tribal council never finalizes the deal,
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much to Tucker's dismay.
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He was not happy.
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Well, I'm offering you all this money.
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Why aren't you going to just instantly
approve it?
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The following year, Scott Tucker finally
lands his third tribal partner, the
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Santee Sioux of Nebraska.
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He's confident that the Native American
tribes will provide the cover his
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business needs.
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And with the tens of millions of dollars
that he's making, he can afford an
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expensive new hobby, professional sports
car racing.
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At that point in my life, I actually had
the time and I had the resources just
224
00:16:04,620 --> 00:16:05,670
to give it a try.
225
00:16:06,400 --> 00:16:11,079
Money can buy you a lot, and when it
comes to sports, sure, you can own an
226
00:16:11,080 --> 00:16:14,450
team, but you're not going to be the one
throwing the ball on Sunday.
227
00:16:14,980 --> 00:16:16,030
Racing is different.
228
00:16:16,040 --> 00:16:20,140
It gives you the opportunity to spend
your money and be a part of the team.
229
00:16:21,320 --> 00:16:25,840
Tucker launches his very own team and
calls it Level 5 Motorsports.
230
00:16:26,540 --> 00:16:31,160
At age 44, he joins the ranks of so
-called Gentleman Drivers.
231
00:16:31,720 --> 00:16:35,920
wealthy amateurs that bankroll teams and
trains to race competitively.
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00:16:35,921 --> 00:16:40,299
Endurance car racing is so much more
interesting to watch when you know that
233
00:16:40,300 --> 00:16:43,959
any given point, one of those four
drivers during a driver change is going
234
00:16:43,960 --> 00:16:48,600
someone that has been on the track for X
amount of time as opposed to a pro.
235
00:16:48,940 --> 00:16:51,230
It really brings a human element to the
sport.
236
00:16:52,079 --> 00:16:57,239
Like other gentlemen drivers, Tucker's
goal is to qualify to race at the most
237
00:16:57,240 --> 00:17:02,440
prestigious events, from 24 hours of
Daytona to Le Mans in France.
238
00:17:02,820 --> 00:17:08,280
As owner of Level 5 Motorsports, he
spares no expense assembling the best
239
00:17:08,700 --> 00:17:11,900
pit crews, and professional drivers that
money can buy.
240
00:17:12,400 --> 00:17:16,359
These cars aren't cheap. You know, a
Ferrari could be $240 ,000, half a
241
00:17:16,360 --> 00:17:17,338
a million dollars.
242
00:17:17,339 --> 00:17:21,659
I mean, a set of tires in one season
could be $2 ,500 for a set, and then you
243
00:17:21,660 --> 00:17:24,780
times that by 30, and that's $75 ,000
just on tires.
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00:17:25,000 --> 00:17:29,439
You're constantly spending money for
something that you might win the race,
245
00:17:29,440 --> 00:17:33,780
that's all you get. These guys want to
be the best, and Scott was one of them.
246
00:17:34,520 --> 00:17:40,259
Next on American Green, Scott Tucker
flaunts his turbocharged fortune at the
247
00:17:40,260 --> 00:17:43,620
expense of consumers who are struggling
to get by.
248
00:17:44,200 --> 00:17:47,839
They took the entire paycheck and left
me down to zero. I think I was so
249
00:17:47,840 --> 00:17:49,520
overwhelmed, I just was giving up.
250
00:18:03,500 --> 00:18:08,819
By the mid -2000s, Scott Tucker leads
one of the most profitable outfits in
251
00:18:08,820 --> 00:18:10,520
online consumer loan industry.
252
00:18:11,220 --> 00:18:12,540
The problem is...
253
00:18:12,890 --> 00:18:16,230
He's dodging regulators and ripping off
millions of consumers.
254
00:18:17,050 --> 00:18:22,210
Yes, he is giving payday loans, but he
was doing something much more
255
00:18:23,270 --> 00:18:26,530
Tucker's thing was just more of a
straight -up scam.
256
00:18:26,770 --> 00:18:30,010
They're truly trying to trick the people
who are borrowing.
257
00:18:31,030 --> 00:18:33,310
Thank you for calling 500 -5 cash.
258
00:18:33,590 --> 00:18:38,070
Customer service calls recorded by
Tucker's company reveal a disturbing
259
00:18:38,650 --> 00:18:44,189
Time after time, consumers fail to
understand how the loans work until it's
260
00:18:44,190 --> 00:18:50,049
late. It looks like you have an amount
due of $80 since November the 7th. I
261
00:18:50,050 --> 00:18:53,869
borrowed, no, this is the thing, I only
borrowed $200 and you guys have already
262
00:18:53,870 --> 00:18:56,490
taken $445 out of my account.
263
00:18:56,870 --> 00:19:01,429
The manner in which Scott Tucker
marketed and delivered these loans to
264
00:19:01,430 --> 00:19:04,990
was deliberately designed to confuse
consumers.
265
00:19:06,120 --> 00:19:10,019
You're not notifying me? You're just
taking all this money out? And when you
266
00:19:10,020 --> 00:19:12,790
could have easily have paid off my loan
a long time ago?
267
00:19:12,900 --> 00:19:17,379
You agreed to us debiting the service
charge fee. You did not notify us that
268
00:19:17,380 --> 00:19:18,430
wanted to pay in full.
269
00:19:18,900 --> 00:19:19,950
Yes, I did.
270
00:19:22,280 --> 00:19:28,339
The Federal Trade Commission says the
online contract that Tucker uses
271
00:19:28,340 --> 00:19:29,980
federal law in several ways.
272
00:19:30,400 --> 00:19:34,280
First, the TILA box, or Truth in Lending
Act box.
273
00:19:34,830 --> 00:19:39,109
which requires lenders to disclose
exactly how much the loan will cost, is
274
00:19:39,110 --> 00:19:43,010
misleading, according to lead attorney
Nikhil Singhvi.
275
00:19:43,250 --> 00:19:48,529
For a $300 loan, which is the most
common one, the loan was supposed to
276
00:19:48,530 --> 00:19:55,050
$390. So you would have an APR, you
would have a $300 amount financed,
277
00:19:55,090 --> 00:20:00,050
you'd have a $90 finance charge, and you
have $390 in total payments.
278
00:20:00,490 --> 00:20:02,970
That's the takeaway that consumers would
get.
279
00:20:04,899 --> 00:20:09,000
However, buried in the fine print below
is a whole different story.
280
00:20:09,260 --> 00:20:14,679
It says that the loan will be
automatically renewed unless the
281
00:20:14,680 --> 00:20:17,560
the company not to do so by the first
due date.
282
00:20:18,100 --> 00:20:23,180
In fact, the loan will be automatically
renewed for the first four pay dates,
283
00:20:23,380 --> 00:20:27,460
costing an additional $90 in finance
charges each time.
284
00:20:27,920 --> 00:20:32,740
At which point you will have paid $360
in finance charges only.
285
00:20:33,310 --> 00:20:37,289
And it comes as a big shock to consumers
when they find out that all that money
286
00:20:37,290 --> 00:20:40,780
has gone to finance charges and none of
it's gone to repay their loans.
287
00:20:40,910 --> 00:20:46,149
From there, the principal gets repaid in
$50 increments while incurring even
288
00:20:46,150 --> 00:20:49,430
more finance charges until the debt is
clear.
289
00:20:49,790 --> 00:20:55,309
As far as I knew, frickin' Thursday, the
damn loan was going to be paid off. So
290
00:20:55,310 --> 00:20:59,949
I ain't even paid nothing towards them.
I've paid you almost $400 and ain't not
291
00:20:59,950 --> 00:21:01,390
a dime gone towards the loan?
292
00:21:01,570 --> 00:21:02,620
Correct, sir.
293
00:21:02,670 --> 00:21:05,320
These are people that are really stuck
on hard times.
294
00:21:05,490 --> 00:21:11,269
And to experience alone what they
thought was going to cost them $90, but
295
00:21:11,270 --> 00:21:16,410
fact cost them hundreds and hundreds of
dollars, it's just devastating for them.
296
00:21:21,710 --> 00:21:26,709
Angela Vanderhoof, a state employee
living on a tight budget, is among those
297
00:21:26,710 --> 00:21:27,760
get blindsided.
298
00:21:28,400 --> 00:21:34,119
She takes out a $400 loan from One Click
Cash, one of the online lenders under
299
00:21:34,120 --> 00:21:35,170
Tucker's umbrella.
300
00:21:35,780 --> 00:21:40,279
I'd gotten behind on bills. A car
payment needed to be made, and so I
301
00:21:40,280 --> 00:21:41,820
something right now.
302
00:21:42,020 --> 00:21:48,239
The contract, it appears, obligates her
to pay back a total of $520, which she
303
00:21:48,240 --> 00:21:49,139
agrees to.
304
00:21:49,140 --> 00:21:53,179
She says that One Click Cash withdraws
close to that amount from her bank
305
00:21:53,180 --> 00:21:55,260
account over the next two months.
306
00:21:55,930 --> 00:21:59,890
I thought I was getting to the point of
being able to pay that off.
307
00:22:00,550 --> 00:22:04,770
But then she experiences a traumatic
event that upends her life.
308
00:22:05,530 --> 00:22:09,869
I was assaulted and
309
00:22:09,870 --> 00:22:16,749
severely battered for the most part. The
assault was
310
00:22:16,750 --> 00:22:19,630
fairly violent and using of a stun gun.
311
00:22:20,170 --> 00:22:25,850
So I had shattered fingertips and 14
stitches to kind of put me back
312
00:22:25,990 --> 00:22:28,810
and I had to take a leave of absence
from work.
313
00:22:29,070 --> 00:22:34,009
Faced with no income for the next month,
she calls One Click Cash and asks for
314
00:22:34,010 --> 00:22:35,850
an extension on her next payment.
315
00:22:36,230 --> 00:22:41,809
When I spoke to them, they were very
considerate. They were understanding. I
316
00:22:41,810 --> 00:22:45,309
felt pretty confident when I got off the
phone that they were going to help me
317
00:22:45,310 --> 00:22:46,360
out.
318
00:22:46,600 --> 00:22:50,759
Four days later, however, one -click
cash withdraws everything that's left in
319
00:22:50,760 --> 00:22:55,419
her account, and it also costs her an
overdraft fee. She contacts them
320
00:22:55,420 --> 00:22:59,799
immediately. Basically, it was, but you
owe the money, so we're going to keep
321
00:22:59,800 --> 00:23:04,659
trying until we get it. I even went so
far as to request a supervisor and was
322
00:23:04,660 --> 00:23:07,020
refused and then hung up on.
323
00:23:07,920 --> 00:23:12,940
They make eight more attempts to
withdraw money, jacking up her overdraft
324
00:23:12,941 --> 00:23:17,299
By the time she goes back to work and
receives her next paycheck, they strike
325
00:23:17,300 --> 00:23:22,199
again. They took the entire paycheck and
left me down to zero. I think I was so
326
00:23:22,200 --> 00:23:23,880
overwhelmed, I just was giving up.
327
00:23:24,380 --> 00:23:30,919
Once I was mentally in a better space to
kind of assess the damage and came to
328
00:23:30,920 --> 00:23:36,539
realize just how much it had cost me, it
was like astronomical by the end
329
00:23:36,540 --> 00:23:37,590
result.
330
00:23:37,900 --> 00:23:41,100
Angela discovers that she's paid them $1
,300.
331
00:23:42,350 --> 00:23:45,670
More than three times the amount of her
original $400 loan.
332
00:23:45,990 --> 00:23:50,790
They've also cost her an additional $200
in bank overdraft fees.
333
00:23:51,370 --> 00:23:55,470
They just kind of turned into piranha
and just attacked my account.
334
00:23:56,670 --> 00:24:03,089
Like Angela, approximately 60 % of
Tucker's customers fall into the same
335
00:24:03,090 --> 00:24:04,770
automatic loan renewals.
336
00:24:05,590 --> 00:24:10,570
When I started going back to my bank
statements,
337
00:24:11,690 --> 00:24:16,529
And started adding up the money. I said,
they've been paid more than enough
338
00:24:16,530 --> 00:24:18,290
money by now.
339
00:24:19,170 --> 00:24:21,930
Then you get frustrated. Then you get
angry.
340
00:24:22,570 --> 00:24:29,569
And it's very disturbing. Out of a $250
loan, they stole approximately
341
00:24:29,570 --> 00:24:31,450
$1 ,000 from me.
342
00:24:32,250 --> 00:24:37,109
There's no question that caused a lot of
consumer harm and put a lot of money in
343
00:24:37,110 --> 00:24:38,310
Scott Tucker's pockets.
344
00:24:38,430 --> 00:24:39,530
This was...
345
00:24:39,850 --> 00:24:44,189
the way they intended the business to
run, and it was an important profit
346
00:24:44,190 --> 00:24:45,240
for them.
347
00:24:45,330 --> 00:24:49,370
He robbed from the poor to have a rich
lifestyle.
348
00:24:50,030 --> 00:24:52,110
He didn't give a damn about anybody.
349
00:24:53,890 --> 00:25:00,169
Next on American Greed, a relentless
prosecutor wages a seven -year battle to
350
00:25:00,170 --> 00:25:01,590
stop Scott Tucker.
351
00:25:01,790 --> 00:25:06,369
If he was a legitimate businessman, why
would he have gone to such great pains
352
00:25:06,370 --> 00:25:08,310
to conceal himself?
353
00:25:22,030 --> 00:25:26,809
In Denver, the Colorado Attorney
General's office begins investigating
354
00:25:26,810 --> 00:25:30,910
online lending companies operating
illegally in the state.
355
00:25:31,270 --> 00:25:37,369
Neither lender, cash advance nor
preferred cash loans, is licensed to do
356
00:25:37,370 --> 00:25:38,450
business in Colorado.
357
00:25:38,650 --> 00:25:44,909
In November 2004, Assistant Attorney
General Paul Chesson writes cease and
358
00:25:44,910 --> 00:25:46,550
desist letters to the companies.
359
00:25:46,870 --> 00:25:51,940
His only tangible lead... is that both
have mailing addresses in Carson City,
360
00:25:52,060 --> 00:25:53,110
Nevada.
361
00:25:53,200 --> 00:25:55,920
Cash Advance did not respond to that
letter.
362
00:25:56,720 --> 00:26:01,479
Preferred Cash did. Basically, it was a
blow -off. I needed to get some more
363
00:26:01,480 --> 00:26:03,740
information as to who these lenders
were.
364
00:26:03,940 --> 00:26:07,740
I needed some flesh and blood behind
these names.
365
00:26:08,640 --> 00:26:12,779
Chesson subpoenas both lenders for their
corporate records, but neither
366
00:26:12,780 --> 00:26:17,120
complies. So he contacts the Nevada
Attorney General's office for help.
367
00:26:18,170 --> 00:26:21,410
What are these addresses, and what can
we learn?
368
00:26:21,850 --> 00:26:25,930
Turns out these addresses were mail
drops.
369
00:26:26,590 --> 00:26:32,769
The mail drops belonged to two different
Nevada firms, CB Service Corp. and
370
00:26:32,770 --> 00:26:34,470
Executive Global Management.
371
00:26:34,930 --> 00:26:38,530
Both share the same officer, James
Fontano.
372
00:26:38,790 --> 00:26:44,330
I had thought that Mr. Fontano was the
man behind the curtain.
373
00:26:44,550 --> 00:26:47,390
So with that information, I went.
374
00:26:47,720 --> 00:26:49,860
into court and got the contempt
citation.
375
00:26:50,240 --> 00:26:56,280
And these companies had to be in court
at a date certain, July of 2005.
376
00:26:58,100 --> 00:27:02,600
Two days before the court date, however,
Chesson gets thrown for the loop.
377
00:27:02,860 --> 00:27:07,260
He received a call from an attorney
claiming that two Native American
378
00:27:07,680 --> 00:27:12,799
the Miami tribe of Oklahoma and the
Santee Sioux of Nebraska, are the actual
379
00:27:12,800 --> 00:27:16,000
owners of cash advance and preferred
cash loans.
380
00:27:16,750 --> 00:27:20,240
And he said, so we're going to move to
dismiss your contempt citation.
381
00:27:20,241 --> 00:27:23,889
You can't touch us. You can't touch the
Indian tribes due to something called
382
00:27:23,890 --> 00:27:25,229
tribal sovereign immunity.
383
00:27:25,230 --> 00:27:30,329
It just didn't sound right. How would
these tribes have found out about this
384
00:27:30,330 --> 00:27:32,730
proceeding? It just smells.
385
00:27:33,690 --> 00:27:39,549
At the same time, both Nevada firms tied
to James Fontanone, CB Service Corp.,
386
00:27:39,550 --> 00:27:44,650
and Executive Global Management deny
having anything to do with payday
387
00:27:46,250 --> 00:27:50,689
Chesson demands that the tribes and the
Nevada companies produce proof to
388
00:27:50,690 --> 00:27:51,770
support their claims.
389
00:27:52,130 --> 00:27:53,180
But they refuse.
390
00:27:54,130 --> 00:27:58,129
The tribes, not only would they not give
us any information, but they said that
391
00:27:58,130 --> 00:28:02,290
we don't have to give you information
because we're immune from soup.
392
00:28:03,270 --> 00:28:07,390
Chesson spends the next two years locked
in legal battle with them.
393
00:28:08,030 --> 00:28:14,010
Until March 2007, when the elusive James
Fontano finally agrees to talk.
394
00:28:17,220 --> 00:28:22,399
Fontano, just released from federal
prison for tax fraud, reveals the truth
395
00:28:22,400 --> 00:28:25,120
about cash advance and preferred cash
loans.
396
00:28:25,900 --> 00:28:32,339
Mr. Fontano basically said, hey, I am
really not the president. I don't have
397
00:28:32,340 --> 00:28:34,020
day -to -day business operations.
398
00:28:34,300 --> 00:28:39,359
I just do what Mr. Tucker tells me to
do. Mr. Tucker is actually the one who's
399
00:28:39,360 --> 00:28:40,740
running these lenders.
400
00:28:41,660 --> 00:28:45,320
It's the first that Chesson's ever heard
of Scott Tucker.
401
00:28:45,960 --> 00:28:50,379
As Fontana would later testify at trial,
Tucker paid him to set up shell
402
00:28:50,380 --> 00:28:52,500
companies with mail drops in Nevada.
403
00:28:52,760 --> 00:28:57,399
It's a service that Fontana provides to
hundreds of clients, and it's perfectly
404
00:28:57,400 --> 00:28:58,540
legal in Nevada.
405
00:28:59,460 --> 00:29:03,939
He would testify that all of the mail
that went to cash advance and preferred
406
00:29:03,940 --> 00:29:07,980
cash loans was then forwarded to
Tucker's office in Kansas.
407
00:29:08,940 --> 00:29:13,500
Fontana is never convicted of any crime
in connection with Tucker's scam.
408
00:29:14,160 --> 00:29:18,520
The structure that Tucker set up was
really elaborate. He had a front
409
00:29:18,580 --> 00:29:20,480
and then he had a fake CEO for that.
410
00:29:20,680 --> 00:29:25,060
And then he had these payday lending
brands on top of that.
411
00:29:25,320 --> 00:29:30,479
The more companies he would set up, the
harder it would be for a consumer or for
412
00:29:30,480 --> 00:29:32,540
a regulator to find him.
413
00:29:33,680 --> 00:29:39,019
Armed with this new information, Chesson
subpoenas Scott Tucker, who fails to
414
00:29:39,020 --> 00:29:40,620
appear in court for a summons.
415
00:29:41,400 --> 00:29:45,720
So a Denver judge issues a warrant for
Tucker's arrest in May 2008.
416
00:29:46,940 --> 00:29:52,659
The warrant is enforceable only in
Colorado, giving Tucker ample reason to
417
00:29:52,660 --> 00:29:57,780
away. But he's brazen enough to
practically dare authorities to catch
418
00:29:58,000 --> 00:30:02,360
During that time that the state was
going after him, he actually bought...
419
00:30:02,600 --> 00:30:06,839
an $8 million house in Aspen, Colorado,
and would fly his private jet into
420
00:30:06,840 --> 00:30:10,920
Colorado. And he was racing in Colorado,
so he clearly was not concerned.
421
00:30:13,260 --> 00:30:18,919
Instead, Tucker appears more worried
about another threat, a lawsuit filed by
422
00:30:18,920 --> 00:30:22,760
the so -called godfather of payday
loans, Charles Hallinan.
423
00:30:23,740 --> 00:30:28,740
Hallinan, who launched a 50 -50 joint
venture with Tucker 11 years earlier,
424
00:30:29,360 --> 00:30:33,399
claims that his former protege has been
cheating him out of his share of the
425
00:30:33,400 --> 00:30:34,450
profits.
426
00:30:34,660 --> 00:30:39,599
Charles Hallinan got wind of the fact
that the checks he was getting didn't
427
00:30:39,600 --> 00:30:43,679
actually reflect half of Tucker's entire
business. That was obviously a very
428
00:30:43,680 --> 00:30:49,199
problematic lawsuit for Tucker, a
lawsuit about who really owned his
429
00:30:49,200 --> 00:30:51,000
with possibilities of discovery.
430
00:30:51,001 --> 00:30:54,659
That's the last thing he wanted when he
was in the middle of pretending that
431
00:30:54,660 --> 00:30:57,880
tribes actually owned his business.
432
00:30:59,050 --> 00:31:05,549
So in 2010, Tucker settled out of court
with Hallinan for $30 million, but does
433
00:31:05,550 --> 00:31:07,070
not admit any wrongdoing.
434
00:31:07,570 --> 00:31:11,829
While he's ended a lawsuit, he's written
emails to Hallinan that will come back
435
00:31:11,830 --> 00:31:12,880
to haunt him in court.
436
00:31:13,410 --> 00:31:18,610
Emails that expose his tribal
partnerships as being a total fraud.
437
00:31:19,250 --> 00:31:24,689
Even Tucker, in an unguarded, honest
moment, admitted that nothing changed
438
00:31:24,690 --> 00:31:26,190
the business has remained his.
439
00:31:27,120 --> 00:31:32,359
Next on American Greed, a whistleblower
makes secret recordings that conceal
440
00:31:32,360 --> 00:31:34,460
Scott Tucker's fate at trial.
441
00:31:34,980 --> 00:31:36,980
But we're laundering money.
442
00:31:37,400 --> 00:31:42,360
It is illegal. That may be true. There
is a laundering aspect to it.
443
00:31:47,240 --> 00:31:53,640
Scott Tucker is on a tear.
444
00:31:54,400 --> 00:31:59,439
While the rest of the U .S. economy is
struggling in 2010, his payday lending
445
00:31:59,440 --> 00:32:01,120
empire is booming.
446
00:32:01,580 --> 00:32:06,839
Post -2008 was a great time to be in the
payday loan business because you had
447
00:32:06,840 --> 00:32:10,559
all these people out of work and
desperate for money. That is actually
448
00:32:10,560 --> 00:32:12,540
the golden era for Tucker.
449
00:32:13,600 --> 00:32:18,919
During just the five years from around
2008 to 2012, his businesses pulled in
450
00:32:18,920 --> 00:32:19,970
about $3 .5 billion.
451
00:32:22,320 --> 00:32:27,879
He pulls another fast one on state
regulators when he sells his company,
452
00:32:27,880 --> 00:32:32,440
Management, to a tribal entity named AMG
Services.
453
00:32:33,180 --> 00:32:37,820
Now, he says, the Native American tribes
are the full owners of the operation,
454
00:32:38,040 --> 00:32:41,760
and he's just an employee, but it's all
a big charade.
455
00:32:42,220 --> 00:32:47,799
Tucker's Payday Loan Enterprise was
pulling in what we estimate about $20
456
00:32:47,800 --> 00:32:50,500
million a month, and yet...
457
00:32:50,810 --> 00:32:55,370
Tucker sold his business to the tribes
for $120 ,000.
458
00:32:56,410 --> 00:32:57,630
It was a sham merger.
459
00:32:57,850 --> 00:33:02,450
In fact, no money exchanged hands at the
time or for even years later.
460
00:33:03,790 --> 00:33:08,229
Tucker's out flagging his competition on
the racetrack as well, as he and his
461
00:33:08,230 --> 00:33:11,010
team, Level 5, continue beefing up their
fleet.
462
00:33:11,250 --> 00:33:15,830
They clinch one trophy after the next at
races around the world.
463
00:33:15,831 --> 00:33:20,409
People were aware that, you know, he was
spending a little more money than...
464
00:33:20,410 --> 00:33:24,289
Your average team, that's kind of what
kind of kicked teams out of the series.
465
00:33:24,290 --> 00:33:27,000
mean, you run out of money. You run out
of money quickly.
466
00:33:27,070 --> 00:33:29,630
And Scott's team didn't have that
problem.
467
00:33:32,770 --> 00:33:38,089
But above everything else that year,
Tucker scores his biggest coup of all in
468
00:33:38,090 --> 00:33:39,140
the courtroom.
469
00:33:39,530 --> 00:33:44,089
Paul Chesson and the Colorado Attorney
General's office are fighting for access
470
00:33:44,090 --> 00:33:47,310
to the Miami and Santee Sioux Tribe's
business records.
471
00:33:48,720 --> 00:33:52,080
The tribes argue that they're shielded
by sovereign immunity.
472
00:33:52,740 --> 00:33:57,800
The battle goes all the way to the
Colorado Supreme Court in November 2010,
473
00:33:58,200 --> 00:34:01,780
where the court decides in favor of the
tribes.
474
00:34:02,360 --> 00:34:09,099
That basically stopped our investigation
until our case came to an ignominious
475
00:34:09,100 --> 00:34:14,039
end. As the tribes would later admit to
federal authorities, they submitted
476
00:34:14,040 --> 00:34:16,360
false information to the courts.
477
00:34:16,739 --> 00:34:17,789
They won.
478
00:34:18,320 --> 00:34:20,560
By lying to the court about who they
were.
479
00:34:20,561 --> 00:34:24,359
They said it's us, we're the ones making
the payday loans, we're in charge of
480
00:34:24,360 --> 00:34:27,130
it. You know, it was working. The whole
thing was working.
481
00:34:27,719 --> 00:34:30,639
Nevertheless, Tucker's victory proves
fleeting.
482
00:34:31,760 --> 00:34:35,000
Because the feds are getting ready to
drop a hammer on him.
483
00:34:35,860 --> 00:34:42,599
What Colorado did, it laid the
groundwork for the federal agencies to
484
00:34:42,600 --> 00:34:43,920
ball and run with it.
485
00:34:46,730 --> 00:34:51,928
In April 2012, the Federal Trade
Commission launches a civil suit against
486
00:34:51,929 --> 00:34:57,930
and his enterprise and requests a court
-ordered freeze on his lending services.
487
00:34:58,990 --> 00:35:03,309
Our main concern here was that the loans
were deceptive. The loan document was
488
00:35:03,310 --> 00:35:06,440
deceptive. It was harming consumers in
astronomical numbers.
489
00:35:08,490 --> 00:35:11,570
Undaunted, Tucker vows to fight the FTC.
490
00:35:12,370 --> 00:35:15,750
But other people tangled up in his web
are alarmed.
491
00:35:16,620 --> 00:35:20,220
One of them is a paralegal that works
for the Miami tribe.
492
00:35:20,840 --> 00:35:26,519
She believes that Tucker's using the
tribe to launder money and putting them
493
00:35:26,520 --> 00:35:27,570
legal jeopardy.
494
00:35:28,180 --> 00:35:33,019
Her name is Carolyn Williams, and she
begins secretly recording her
495
00:35:33,020 --> 00:35:38,280
conversations with her boss, Don Brady,
who runs the tribe's business arm.
496
00:35:38,860 --> 00:35:42,400
He's also been implicated in the FTC
suit.
497
00:35:43,370 --> 00:35:48,369
We open those accounts in our name and
then we hold his money to keep him from
498
00:35:48,370 --> 00:35:52,490
paying taxes on it. But that money is
owed to him. It's his money.
499
00:35:52,970 --> 00:35:54,730
But we're laundering money.
500
00:35:55,330 --> 00:36:00,130
Well, that may be true. That may be
true. There is a laundering aspect to
501
00:36:00,330 --> 00:36:05,769
Okay. But the business model is what it
is. What these recordings did was they
502
00:36:05,770 --> 00:36:10,949
showed that it wasn't just Tucker who
knew that this tribal relationship was
503
00:36:10,950 --> 00:36:12,000
sham.
504
00:36:12,570 --> 00:36:13,620
Everybody knew.
505
00:36:13,750 --> 00:36:15,890
100 % ownership, wholly owned.
506
00:36:15,891 --> 00:36:19,889
None of that's true. Every declaration
that you signed, that the chief signed,
507
00:36:19,890 --> 00:36:20,940
none of it's true.
508
00:36:22,210 --> 00:36:26,930
Well, I'm telling you, how do you sleep
at night knowing this stuff?
509
00:36:27,510 --> 00:36:29,130
I sleep just fine, honey.
510
00:36:30,390 --> 00:36:35,870
Williams' protests go unheeded. But her
recordings will be introduced at trial.
511
00:36:36,810 --> 00:36:38,530
Because by 2014...
512
00:36:39,370 --> 00:36:44,249
Federal investigators are mounting a
criminal case and tribal sovereignty
513
00:36:44,250 --> 00:36:46,010
protect anyone this time.
514
00:36:46,570 --> 00:36:48,920
There was kind of nowhere to hide at
that point.
515
00:36:49,210 --> 00:36:55,889
When American Green returns, Scott
Tucker is losing control and bracing for
516
00:36:55,890 --> 00:37:02,369
impact. When the government has the eye
on you and they snare you, you're not
517
00:37:02,370 --> 00:37:03,420
getting out.
518
00:37:15,080 --> 00:37:20,080
After amassing a payday lending empire
worth billions, by February 2016,
519
00:37:20,820 --> 00:37:23,880
Scott Tucker is facing the end of his
reign.
520
00:37:24,680 --> 00:37:29,679
Federal agents arrest him at his home
outside Kansas City and charge him with
521
00:37:29,680 --> 00:37:33,100
counts of racketeering, fraud, and money
laundering.
522
00:37:33,640 --> 00:37:37,999
The U .S. Attorney's Office in the
Southern District of New York is
523
00:37:38,000 --> 00:37:39,050
the case.
524
00:37:44,410 --> 00:37:46,350
to prosecute mafia loan sharks.
525
00:37:47,030 --> 00:37:52,349
There is a part of the racketeering laws
which prohibits anyone from operating a
526
00:37:52,350 --> 00:37:57,309
business that extends loans at more than
twice the rates allowed under state
527
00:37:57,310 --> 00:38:01,089
law. The fact that there was a federal
statute gave us an opportunity to
528
00:38:01,090 --> 00:38:02,590
investigate what he was doing.
529
00:38:04,850 --> 00:38:09,689
He's also able to subpoena the Native
American tribes tied to Tucker because
530
00:38:09,690 --> 00:38:12,880
federal law takes precedence over tribal
sovereign immunity.
531
00:38:14,320 --> 00:38:18,399
Tucker, who's been hiding behind one
business front after another for more
532
00:38:18,400 --> 00:38:21,940
15 years, is completely exposed now.
533
00:38:22,580 --> 00:38:27,799
If you look at his career in the 90s
through 2012, it's obviously at the
534
00:38:27,800 --> 00:38:31,380
level just the willingness to lie to get
people's money.
535
00:38:33,880 --> 00:38:38,439
Besides being under criminal indictment,
he's fighting a civil lawsuit filed by
536
00:38:38,440 --> 00:38:39,940
the Federal Trade Commission.
537
00:38:40,880 --> 00:38:45,879
The FTC's goal is to recover the money
that Tucker allegedly swindled from
538
00:38:45,880 --> 00:38:46,930
consumers.
539
00:38:47,580 --> 00:38:54,559
The government claims that from 2008 to
2012, he built more than $1 billion out
540
00:38:54,560 --> 00:38:56,980
of 4 .5 million customers.
541
00:38:57,720 --> 00:39:03,479
We had every transaction, and we were
able to calculate with absolute
542
00:39:03,480 --> 00:39:07,939
how many consumers paid more than they
were told they were going to pay and
543
00:39:07,940 --> 00:39:10,080
exactly how much they paid.
544
00:39:10,520 --> 00:39:12,280
And that was the $1 .3 billion number.
545
00:39:16,040 --> 00:39:17,920
In September 2016,
546
00:39:18,800 --> 00:39:20,980
Tucker suffers a massive defeat.
547
00:39:21,400 --> 00:39:25,279
A federal judge ordering race car driver
Scott Tucker and several consumer
548
00:39:25,280 --> 00:39:29,780
lending companies he manages to pay
nearly $1 .3 billion to the FTC.
549
00:39:30,240 --> 00:39:35,740
The $1 .3 billion was the highest
litigated recovery in FTC history.
550
00:39:37,320 --> 00:39:42,239
One year later, his criminal case goes
to trial, and a federal jury finds him
551
00:39:42,240 --> 00:39:47,020
guilty on all 14 counts of racketeering,
fraud, and money laundering.
552
00:39:47,300 --> 00:39:51,660
I would have never, ever imagined
anything like this.
553
00:39:52,000 --> 00:39:57,359
Tucker seems unrepentant to the very
end. He records this interview for a
554
00:39:57,360 --> 00:40:03,959
podcast series called Prison Professors
in December 2017 while he's under house
555
00:40:03,960 --> 00:40:05,660
arrest and awaiting sentencing.
556
00:40:06,510 --> 00:40:11,349
If you're super successful and there's a
lot of money involved, there's a good
557
00:40:11,350 --> 00:40:14,720
chance you're going to turn off some of
the jurors. No doubt about it.
558
00:40:15,690 --> 00:40:22,529
I'm not a psychologist, but my guess is
that many criminals and sociopaths
559
00:40:22,530 --> 00:40:24,330
rationalize their behavior.
560
00:40:24,970 --> 00:40:26,110
Tucker's no different.
561
00:40:27,970 --> 00:40:32,170
He's sentenced to 16 years and eight
months in federal prison.
562
00:40:33,000 --> 00:40:37,639
Tucker declined repeated requests to be
interviewed by American Greed. He is
563
00:40:37,640 --> 00:40:39,580
currently appealing his case.
564
00:40:40,500 --> 00:40:46,259
The Miami tribe, the Murdoch tribe, and
the Santee Sioux are not charged and
565
00:40:46,260 --> 00:40:49,150
enter non -prosecution agreements with
the government.
566
00:40:49,260 --> 00:40:53,939
They admit their part in Tucker's scheme
and forfeit the money he stashed in
567
00:40:53,940 --> 00:40:54,990
their accounts.
568
00:40:55,000 --> 00:40:58,320
They also declined to be interviewed by
American Greed.
569
00:40:59,840 --> 00:41:05,819
Tucker's mentor, Charles Hallinan, is
serving 14 years in federal prison for a
570
00:41:05,820 --> 00:41:07,440
separate payday lending scheme.
571
00:41:10,320 --> 00:41:16,939
In September 2018, the FTC begins
sending refund checks to more than one
572
00:41:16,940 --> 00:41:20,240
consumers harmed by Tucker's predatory
loans.
573
00:41:20,660 --> 00:41:26,520
The government's recovered and repaid a
total of $505 million so far.
574
00:41:26,880 --> 00:41:31,040
What this guy was doing was he was going
after people who had to...
575
00:41:31,690 --> 00:41:35,490
turned to the internet to borrow $300 to
get through the week.
576
00:41:35,730 --> 00:41:37,290
And he was stealing their money.
577
00:41:38,350 --> 00:41:43,569
It must be nice, you know, to be able to
live that lavish life and be able to go
578
00:41:43,570 --> 00:41:47,450
through those things when realistically
I was struggling from day to day.
579
00:41:47,730 --> 00:41:53,509
And what they took from me was just
supplying him even more to do these
580
00:41:53,510 --> 00:41:56,040
things that anyone else would ever dream
of doing.
581
00:41:58,410 --> 00:42:03,030
Right is right and wrong is wrong. And
how dare he?
582
00:42:03,510 --> 00:42:05,630
But I will say this.
583
00:42:06,170 --> 00:42:09,470
What goes around comes around.
584
00:42:10,530 --> 00:42:14,710
And karma is what it is.
585
00:42:14,760 --> 00:42:19,310
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