The Register-Herald, Beckley, West Virginia

Local News

April 1, 2008

Another lawsuit filed against bank, officials in alleged cattle fraud case

By Christian Giggenbach

LEWISBURG — Another lawsuit has been filed against First National Bank of Ronceverte and two former bank officials, this time by an Illinois man who alleges disgraced cattle broker Kevin Scott O’Brien defrauded him out of $104,000.

The lawsuit, filed by Robert Dwyer, named First National Bank, former bank president Charles A. Henthorn and former board director G. Thomas Garten as defendants.

Henthorn and Garten recently pleaded guilty in federal court, Henthorn for taking $10,000 in bribes from O’Brien, and Garten for setting up bribes.

O’Brien pleaded guilty to a mail fraud charge involving the sale of cattle in fraudulent Ponzi schemes. A sentencing date has not been set for any of the defendants.

Dwyer claims he gave O’Brien $104,000 in February 2006 for “80 pairs of heifers and their calves,” which should have been shipped to Dwyer’s farm in Carthage, Ill.

“Instead of arranging for the cattle to be trucked to Dwyer ... O’Brien sold the cattle to Garten,” the lawsuit said. “O’Brien’s sale of the Dwyer cattle to Garten was simply one of the last acts of fraud and deceit in O’Brien’s continuing scheme.”

Dwyer claims the bank knew about the Garten deal, but looked the other way because O’Brien owed the bank money.

“The bank, through its senior management, including Henthorn and Garten, devised a scheme with O’Brien pursuant to which O’Brien would sell Garten cattle,” the lawsuit said. “The money that Garten paid for the cattle was to be deposited into O’Brien’s checking account in satisfaction of debts that O’Brien owed the bank.”

Dwyer is seeking punitive damages on the basis of fraud, civil conspiracy, and aiding and abetting a wrongful act, among other charges.

Dwyer is being represented by Charleston lawyer James W. Lane.

Neither Garten nor Henthorn could be reached for comment.

In February, another Illinois man, Frederic W. Nessler, filed a $340,000 lawsuit against the same three defendants alleging fraud.

O’Brien, who is currently mired in a multimillion-dollar bankruptcy, wasn’t named as a defendant in either suit.

— E-mail: cgiggenbach@register-herald.com

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