Nicholas J. Reinhart scowled as he spoke with his lawyer outside the Ephrata office of Magisterial District Judge Jene A. Wilwerth last week.
His preliminary hearing on charges that he took more than $151,000 from a Russian car dealer from the Bucks County area but never delivered the vehicles was to take place at 9 a.m. But Reinhart, 58, never entered the courtroom. His attorney, Michael J. Malloy, of Media, waived the hearing; Reinhart will be arraigned July 28.
Through his attorney, Reinhart declined comment. Malloy also had no comment, except to say that he knew nothing of additional charges that might be filed against Reinhart. Ephrata police Detective Graeme Quinn has said the charges are forthcoming, but he couldn't be sure when they would be filed.
But the saga of the dealer in luxury automobiles took yet another turn last week when a new civil lawsuit emerged that contains allegations similar to those in the criminal complaint.
On May 12, FRL Automotive LLC of Miami, Fla., sued Reinhart and several of his companies in Lancaster County Court. The complaint, filed by the Manheim Township law firm Eager, Spinello, Quinn & Stengel, alleges that Reinhart, his son Nicholas Reinhart III and two Reinhart-owned companies — Three Arrows Enterprises Inc. and Reinhart Ltd., doing business as Black Tie Motorcars International — entered into a contract to sell a 2009 Mercedes-Benz GL550 to FRL Automotive for $72,090 Sept. 2, 2009.
FRL Automotive paid the money — but, according to the complaint, the defendants "failed and refused" to deliver the car or return the money
The lawsuit seeks $72,090, plus interest and costs. Stephen J. Spinello, with the local law firm, declined to discuss the case beyond the allegations contained in the complaint.
Reached at Black Tie Motorcars Friday afternoon, Nicholas Reinhart III said he had no comment on the lawsuit. But an attorney representing him in Florida, Jahan Islami, of the Miami firm K&L Gates, said Reinhart III "was not in any way involved in this transaction."
Islami also noted that Black Tie Motorcars and Black Tie Motorcars International are separate entities, and that that Black Tie Motorcars International was not registered with the Pennsylvania Department of State until Jan. 19, 2010.
The business, he said, didn't exist until four months after the complaint alleges the transaction with FRL Automotive took place.
In a separate matter, the elder Reinhart and his wife, Denise, are also named in a "writ of summons" filed this month in Berks County Court by Cedar Valley Excavation, of Mohnton. The writ notifies the Reinharts that Cedar Valley has commenced an action against them, but no complaint has yet been filed with the court.
Cedar Valley Excavation attorney John A. Hoffert Jr. did not return a phone call seeking comment.
According to Lancaster County Court records, Reinhart and/or his companies are charged with defaulting on nearly $13.7 million in business loans. One lawsuit in particular might have tipped two of Reinhart's companies into bankruptcy.
In September 2009, Susquehanna Bank filed a complaint against Autohaus Acquisition Inc. and Three Arrows Enterprises Inc., seeking more than $3 million in unpaid loans, plus at least 20 vehicles.
Autohaus Acquisition is not the same business as Autohaus Lancaster Inc. The latter is owned by Tom Wanner and has no connection with Reinhart's company.
The complaint filed by Susquehanna Bank alleged that in April 2008 the bank had extended $3.5 million in credit to Autohaus Acquisition to finance the purchase of new and pre-owned vehicle inventories, and another $900,000 to Three Arrows for the same purpose. The vehicles and sales proceeds were to be the collateral security, the complaint alleged; but Autohaus Acquisition failed to repay loans on at least 13 vehicles and defaulted, while Three Arrows defaulted after failing to repay loans on at least seven vehicles.
The lawsuit requested judgment against Autohaus Acquisition for $2.1 million and against Three Arrows for nearly $903,000, an accounting of all the vehicles sold where proceeds weren't distributed to the bank; an order directing the companies to repay the bank for all vehicles sold; an order transferring all the unsold vehicles and their titles to the bank, plus fees, costs and expenses.
That lawsuit was filed Sept. 16, 2009. The same day — just hours later —!\qboth Autohaus Acquisition and Three Arrows Enterprises filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court, Middle District of Pennsylvania.
That case continues to wend its way through bankruptcy court, with Susquehanna Bank as a secured creditor. Among unsecured creditors is a Philadelphia-area auto importer and exporter called Ifex Global Inc., whose former CEO, Andrew Mogilyansky, is now in federal prison.
Mogilyansky pleaded guilty last year to traveling to Russia to have sex with three underage orphan girls; he was sentenced to eight years in prison.
Reinhart remains free on $75,000 bail on the two charges of "failure to make required disposition of funds received" after police charged him with receiving $151,050 from Bucks County car dealer Oleg Zhuiko, but failing to deliver two Mercedes-Benz vehicles. Lancaster County Assistant District Attorney Charles Rieck IV is prosecuting the case; he declined comment last week.