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Hatzenbeller charged with bank fraud, false oath in bankruptcy, - KXLH.com | Helena, Montana

Hatzenbeller charged with bank fraud, false oath in bankruptcy, and money laundering

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Kenneth Hatzenbeller of Great Falls is facing federal charges of bank fraud, false oath in bankruptcy, and money laundering. Kenneth Hatzenbeller of Great Falls is facing federal charges of bank fraud, false oath in bankruptcy, and money laundering.
Hatzenbeller is president of the Shoot the Moon LLC, which filed for bankruptcy in October 2015. Hatzenbeller is president of the Shoot the Moon LLC, which filed for bankruptcy in October 2015.
The Moonshine Grill and On The Border restaurants closed in early October of 2015. The Moonshine Grill and On The Border restaurants closed in early October of 2015.
GREAT FALLS -

Kenneth Hatzenbeller of Great Falls is facing federal charges of bank fraud, false oath in bankruptcy, and money laundering.

Hatzenbeller is president of Shoot the Moon LLC, which filed for bankruptcy in October 2015. 

The Great Falls-based company operated several restaurants in Montana, Idaho, and Washington, including the Moonshine Grill, On The Border, and Chili's restaurants in Great Falls.

The Moonshine Grill and On The Border restaurants closed in early October of 2015.

Among the charges is that Hatzenbeller obtained a $500,000 loan from a bank "...based upon the fraudulent representations that the funds would be used to purchase furniture, fixtures, and equipment for restaurants in Idaho and Washington, and submitted false and fraudulent invoices from a fictitious entity, Penner Brokerage, to support the withdrawal of loaned funds."

The indictment was filed in federal court on October 26, 2016, and was unsealed on November 29, 2016.

Hatzenbeller's trial has been scheduled for February 6th.

RELATED:

Great Falls restaurant owners file for chapter 11 bankruptcy

Shoot The Moon and On The Border have closed in Great Falls

Here are the charges listed in court documents:

COUNT I (Bank Fraud)
That between on or about August 2014 through September 2014, at Great Falls, in the State and District of Montana, and other places, the defendant, KENNETH JAMES HATZENBELLER, knowingly executed and attempted to execute a material scheme or artifice to obtain the monies and funds owned by or under the care, custody and control of Zions Bank, a financial institution whose deposits were insured by the Federal Deposit Insurance Corporation (FDIC), by means of false and fraudulent pretenses, representations, and promises, that is, the defendant, KENNETH JAMES HATZENBELLER, applied for and received a $500,000 loan from Zions Bank based upon the fraudulent representations that the funds would be used to purchase furniture, fixtures, and equipment for restaurants in Idaho and Washington, and submitted false and fraudulent invoices from a fictitious entity, Penner Brokerage, to support the withdrawal of loaned funds, in violation of 18 U.S.C. § 1344(2). 

COUNT II (Bank Fraud)
That from September 2015 through in or about October 2015, at Great Falls, in the State and District of Montana, and other places, the ·defendant, KENNETH JAMES HATZENBELLER, knowingly executed and attempted to execute a material scheme or artifice to obtain the monies and funds owned by or under the care, custody and control of Yellowstone Bank, a financial institution whose deposits were insured by the Federal Deposit Insurance Corporation (FDIC), by means of false and fraudulent pretenses, representations, and promises, that is, the defendant, KENNETH JAMES HATZENBELLER applied for and received a $600,000 loan from Yellowstone Bank based upon the fraudulent representations and invoices purporting that the funds would be used to pay for equipment and furnishings to open a Chili's restaurant in Billings, Montana, in violation of 18 U.S.C. § 1344(2). 

COUNT III (False Oath in Bankruptcy)
That in or about December 17, 2015, in the District of Montana, KENNETH JAMES HATZENBELLER, knowingly and fraudulently made a false and material statement under oath in and in relation to a case under Title 11, In re: Shoot The Moon, by falsely testifying under oath in a Rule 2004 Examination that a September 2, 2014, $490,000 deposit represented a loan from J.P. and H.P. to Shoot the Moon. 

COUNT IV (Money Laundering)
That on or about September 2, 2014, at Great Falls, in the State and District of Montana, and other places, the defendant, KENNETH JAMES HATZENBELLER, knowingly engaged in a monetary transaction in criminally derived property of a value greater than $10,000 (check #2348) from a specified unlawful activity, that is bank fraud in violation of 18 U.S.C. § 1344(2), and willfully aided and abetted in the same, in violation of 18 U.S.C. §§ 1957 and 2(b). 

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