Joe Prebul Trial Starts Monday Morning

His Chattanooga Attorney Expects Him To Be Exonerated

Friday, November 20, 2009

The trial of former Chattanooga auto dealer Joe Prebul in New York City on federal wire fraud charges starts Monday morning.

A jury is expected to be selected on Monday morning and opening statements and testimony begin on Monday afternoon.

The first witness is expected to be Danny Bensusan, Prebul's brother-in-law, who is alleging that he transferred millions of dollars to Chattanooga to be invested. He said he later learned that Prebul had used much of the money to prop up his failing auto dealerships and for a lavish personal lifestyle.

Chattanooga attorney Tom Ray, who will be seated at the defense table, said he expects Prebul to be exonerated.

He said, "I don't think there is a devious bone in his body. I think this was all a misunderstanding. This case is very unfortunate for everyone concerned."

He said the facts of the case "are like a prism. You hold it up to the light and it looks one way. You turn it and it looks another way."

There will be additional testimony on Tuesday, then an adjournment for the Thanksgiving holidays.

The trial will resume the following Monday.

The main defense lawyers are Maurice Sercarz, who is also a Fordham University law professor, and his associate, Diane Ferrone.

Attorney Ray, who is representing Prebul in his personal bankruptcy, will sit at the defense table because of his intimate knowledge of the Prebul personal and business transactions.

Judge William Pauley III will oversee the trial.

Prebul, 48, of Signal Mountain faces 11 counts of wire fraud and one count of mail fraud. Each of the counts carries a maximum sentence of 20 years in prison and a maximum fine of the greater of $250,000, or twice the gross gain or loss from the offense.

A criminal complaint had been filed against him Feb. 10 in New York after his music mogul Bensusan went to authorities saying he had been bilked out of millions of dollars. He was indicted on the charges in April.

His Prebul Auto Group filed for bankruptcy, and it has been split up and sold. He recently filed for personal bankruptcy.

The government is seeking to use tapes made by the Bensusans of conversations with Prebul. Defense attorneys said Prebul was not aware he was being taped on any of the calls with the Bensusans.


Corker Honors Life Of David Abshire

Senator Bob Corker released the following statement on the passing of David M. Abshire, former U.S. ambassador to NATO and co-founder of the Center for Strategic and International Studies (CSIS): "I am saddened to hear of the passing of a great Chattanoogan, Ambassador David Abshire. From his distinguished service in the military to his time as ambassador to NATO and as ... (click for more)

Kelvon Dozier Faces Multiple Charges After Armed Burglary On Sunnyside Avenue

Police were called to a home on Sunnyside Avenue after the owner drove up and saw three men leaving the house and running into an SUV. The owner was also able to get part of the tag number. When he told police, they realized his description matched a vehicle they had pulled over earlier. Because of this, police were able to identify the driver and his address. The owner also ... (click for more)

A Vote For Education Is Critical In Tennessee

In a state where just 28 percent of eighth graders are proficient in math and 33 percent are proficient in reading according to national assessments, education is deserving of more attention in 2014 elections. Across the country, more parents are making informed decisions about their child’s education, but for Volunteer State parents without resources, choices are difficult to come ... (click for more)

Roy Exum: Saban: ‘Ratings Don’t Matter’

When the first College Football Playoff rankings were released earlier this week, Alabama football coach Nick Saban got it right on the button when he shrugged, “I don't even care, to be honest with you." "To me, none of it matters, What does it matter?” he laughed at the Tide’s No. 6 ranking. “I mean, it only matters where you end up at the end. So what matters to us is how ... (click for more)

Owls Beat McMinn, 30-12, To Complete Unbeaten Regular Season

Undefeated. Sounds nice, huh. After a sluggish first half that produced only three points on a Laszlo Toser field goa., third-ranked Ooltewah came to life in the third quarter, riddled McMinn County’s defense with three Kelvin Leon touchdown passes in the third quarter and went on to beat the Cherokees, 30-12, at James N. Monroe Stadium to secure the school’s third unbeaten ... (click for more)

Notre Dame Clobbers Grundy Co. For 7-AA Title

Notre Dame coach Charles Fant is always hoping that his Fighting Irish football team can get off to a fast start. He never thought it would be as quick as what he saw Thursday night at Jim Eberle Field. With a District 7-AA championship on the line on an evening when they honored all of the fall senior athletes, a football game turned into a track meet and eventually a victory ... (click for more)