‘Business as usual’ at Cullman car dealership after federal charges against co-owner in Birmingham

Published 5:45 am Tuesday, June 9, 2015

Randy Visser, the Serra Nissan general manager and co-owner of Cullman’s Serra Visser Nissan, is scheduled to be arraigned Thursday in Birmingham federal court on charges he conspired to defraud Nissan North America through its dealership incentive programs.

Visser has already agreed to plead guilty to one count of conspiracy, according to federal court records filed Friday. The charge carries a maximum penalty of five years in prison and a $250,000 fine.

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The U.S. Attorney’s Office for the Northern District of Alabama allege Visser directed officers of the Serra Nissan to create false documents reporting vehicles sold at Serra Visser Nissan in Cullman as sold at the Birmingham dealership between March 2013 and April 2013.

Visser and others in the conspiracy fraudulently claimed 15 vehicle sales for Serra Nissan, causing Nissan North America to overpay the dealership $64,800 in incentives, according to the charges.

The process, known as “pooling sales,” occurs when a dealer owns or is associated with more than one dealership and attributes sales from one dealership to another in order to meet sales incentive levels that each dealership would not reach on its own.

On Monday, Serra Visser Nissan General Manager Greg Boyles said the dealership was conducting “business as usual” and offered no further comment. The dealership on Cherokee Avenue opened in late 2013 and added 10 jobs after moving across town from its previous location on U.S. 31 North.

The charge against Visser, who resides in Vestavia Hills, follows last month’s grand jury indictment of Serra Nissan’s controller, Kimberly H. Branch. The 16-count indictment of Branch includes conspiracy and wire fraud charges based on the same scheme to defraud Nissan North America by falsely reporting to the manufacturer that certain cars were sold at Serra Nissan when they were sold at another Serra dealership.

At all times relevant to the charged offense, Visser owned 49 percent of Serra Visser Nissan. His wife owned 2 percent and her father, Anthony Serra, owned 49 percent, according to Visser’s information and plea agreement. Serra owns 50 percent of Serra Nissan and his daughter owns the other 50 percent, according to the documents.

In December, former Serra Nissan sales manager Gerald Shepard pleaded guilty to conspiring with salesmen and managers to sell more cars by falsifying loan documents to defraud customers and financial institutions.

Last month, former Serra Nissan general sales manager Abdul Islam Mughal was sentenced to serve two and a half years in federal prison for his guilty plea to charges. Mughal was the first sentenced of the former Serra Nissan employees who have pleaded guilty in the scheme to falsify car loan documents so low-income customers, who otherwise could not get a loan, could get the money to buy vehicles.

The seven other former Serra Nissan employees are to be sentenced over the next few months. They are: Gerald Shepard; Dwight Perry; D. Scott Burton; Roland W. Riley; Michael J. Wilkinson; Terry W. Henderson, Jr.; and Jeffrey Green.