BANGOR — A federal grand jury Tuesday indicted former Beacon Cadillac Oldsmobile and Jeep chief financial officer Christopher Walker on 11 counts of embezzling a total of $925,000 from the company’s pension fund.
Walker, 38, who one day told employees he was remodeling his office and the next day called to say he was quitting, faces five years in prison and-or a $250,000 fine for each count if proven guilty, said U.S. Attorney Jay P. McCloskey.
No arrest warrant has been issued for Walker. U.S. Attorney Mike Love called Walker’s attorney, David Van Dyke of Lewiston, to advise him of the indictment and to request that he appear for arraignment in Bangor, Van Dyke said late Tuesday night. An arraignment date has not yet been set.
“If someone tells me of an arraignment date, he’ll be there,” Van Dyke said. “He’ll be entering a plea of not guilty for sure.”
McCloskey said that in federal proceedings, the U.S. Attorney’s Office does not have the authority to issue arrest warrants. If his office does feel there is a risk of flight or a violent act, it can ask a judge to issue an arrest warrant, he said.
Walker’s whereabouts have not been known since last June. In the indictment documents issued Monday, McCloskey lists Walker’s location as Indialantic, Fla., an oceanside community of 3,000 people on a barrier island near Melbourne.
In the 11-count indictment, Walker is accused of embezzling money or other assets from the Beacon Motor Co. Inc. Profit Sharing Plan, an employee pension account that is protected by the federal Employment Retirement Income Security Act of 1974. The alleged theft took place 11 times between Feb. 22, 1995, and Feb. 18, 1998.
At most, 10 months passed between each alleged theft, according to court documents. But there are two two-month periods in which money allegedly was taken three times. On three days during the week between Jan. 3 and Jan. 10, 1997, Walker allegedly took $285,000, and from Jan. 16 to Feb. 18, 1998, he is charged with taking $260,000.
The most Walker is accused of taking on a single day is $120,000, on Feb. 22, 1995; the least is $50,000 on March 3, 1997, according to court documents.
Attempts to locate Walker at the address on court documents were unsuccessful Tuesday night. There was no telephone number listed with directory assistance and two neighbors who each live within a couple of houses from that address said they did not know him.
The 11-count indictment against Walker was welcomed by one of the two other Beacon owners. “I knew it was coming sooner or later,” said Jerry Conn, who was summoned to appear before the federal grand jury in January.
Conn and Joseph Gallant, the dealership’s third owner, are suing Walker in civil proceedings in Penobscot County Superior Court. Walker, a former Hermon resident who also was the dealership’s treasurer, is accused in the civil records of stealing at least $450,000 from the company’s profit-sharing plan and at least $255,000 from a corporate account. The federal indictments list $220,000 more than what is noted in the civil case.
The total amount of missing funds is being questioned by Beacon owners and their attorney, Terence Harrigan of Bangor. One passage in the civil court documents notes that “because Walker has taken all corporate records, including computer disks, the exact amount cannot be determined with certainty.”
Walker’s wife, Pamela Magee Walker, was added to Beacon’s court complaint. She is accused of fraud and knowingly converting corporate funds for personal use. The federal grand jury did not indict Pamela Walker, but Beacon is pursuing its case against her.
“Until I get information to the contrary, sure [we will proceed],” Harrigan said.
The Walkers are being asked in the civil case to present the court with an accounting of all the money. Harrigan and Conn on Tuesday night both said they do not know where the money was located. The pension fund was insured, but Harrigan said the policy does not cover intentional acts. An actual determination as to whether the account was covered has yet to be made.
The U.S. Attorney’s Office could not comment on specifics of the case, McCloskey said.
Van Dyke last October alleged that Conn and Gallant also were being investigated for mishandling money from the company’s profit-sharing plan. “We believe, based upon very preliminary investigations, that the persons who were actually responsible for any misappropriation of profit-sharing funds were the principals … and not Mr. Walker,” Van Dyke said Oct. 29.
Neither Conn nor Gallant was indicted Tuesday. “I never had any concern about me being indicted,” Conn said. “If there was something I did wrong, then I’d be concerned.”
On June 8, Walker allegedly told co-workers he was “remodeling” when he removed furniture and computer equipment from his office. Later, from an untraceable cellular phone, he called the dealership and said he quit, according to civil court documents.
The missing records had caused a delay in Beacon filing its tax returns, according to an Aug. 19 court memorandum seeking entry into a Hermon self-storage facility used by the Walkers. The motion noted that the Walkers had not paid their rent on eight leased storage units, and Beacon wanted to search them to see if any company computer equipment or documents were inside before the contents were put on the auction block.
Beacon was granted the motion, but the equipment and records were not there, Harrigan said. The dealership eventually did file its tax returns, he said.
Inside the units, however, were the Walkers’ belongings, which included children’s clothing, jewelry, tools, office furniture and two harps, said an owner of the self-storage facility in October. The contents eventually were auctioned.
Florida Today, a daily newspaper, contributed to this report.
Federal counts against Walker
A federal grand jury Monday indicted former Beacon Cadillac Oldsmobile and Jeep employee Christopher Walker, charging him with 11 counts of embezzling a total of $925,000 over three years from the Bangor dealership’s pension fund.
If Walker is found guilty of taking money from this federally protected employee benefits account, he could face five years in prison and-or a $250,000 fine on each count, said U.S. Attorney Jay P. McCloskey.
Court documents show that on these 11 dates, Walker allegedly embezzled the following amounts:
Feb. 22, 1995 — $120,000;
Jan. 5, 1996 — $78,000;
June 27, 1996 — $72,000;
July 12, 1996 — $60,000;
Jan. 3, 1997 — $100,000;
Jan. 6, 1997 — $90,000;
Jan. 10, 1997 — $95,000;
March 3, 1997 — $50,000;
Jan. 16, 1998 — $80,000;
Jan. 23, 1998 — $80,000;
Feb. 18, 1998 — $100,000.
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