The attorney for Andrew Gabler, an Erie, Pa.-based auto dealer who was indicted on 17 counts of auto fraud in August, is clapping back at the Department of Justice on the grounds that the agency has yet to supply specific information regarding the alleged criminal sales transaction, according to a motion filed Nov. 21 with the Western District of Pennsylvania.
The motion, filed by attorney Elliot Segel of Segel & Solymosi, contends that the government provided the defense counsel with “thousands and thousands of pages of documents” but “failed to identify which documents related to and allegedly support” the fraud claims.
According to the DOJ indictment, Gabler and Finance Manager Chad Bednarski are charged with participating in a range of fraudulent activity involving consumers, lenders, and finance and insurance providers between January 2015 and January 2019.
The motion also asserts that the government “had no information or documents regarding the bases or calculations for S&T Bank’s $1.88 million alleged loss.” It cites Assistant U.S. Attorney Christian Trabold as saying that the dollar amount was the “result of the bank’s calculations, and ‘we’re still waiting to get that from the bank.’” S&T Bank was the floorplan financier for Lakeside Auto and Lakeside Chevrolet, Gabler’s Erie, Pa., dealerships.
If convicted, Gabler faces up to 510 years in prison and a $17 million fine. Bednarski faces a maximum sentence 330 years in prison and an $11 million fine. Gabler resigned as president of the National Independent Automobile Dealers Association when the claims surfaced.