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Sentencing is delayed for chop shop operators

Their earnings yet to be determined

PITTSBURGH — Victims of a one-time lucrative Butler County-based chop shop operation lost more than $2 million, according to federal prosecutors.

The operators of the criminal enterprise, meanwhile, netted hundreds of thousands of dollars.

But just how much David and Linda Gebert really earned at their 12-year criminal trade is anybody's guess, Assistant U.S. Attorney James Love conceded Tuesday at a sentencing hearing for the couple.

The sentencing of David Gebert, 60, and wife, Linda Gebert, 59, formerly of Buffalo Township, was continued until March to allow their attorneys time to review documents and rebut the prosecution's claims of what the chop shop cost.

U.S. District Court Judge Donetta Ambrose in the end will determine the loss, which will be used to determine the penalty the defendants will pay.

The Geberts both pleaded guilty last June to federal charges of operating the chop shop and money laundering.

The couple admitted stealing numerous motorcycles at biker rallies in South Dakota, Georgia and Florida, and stripping and selling the parts from their Ekastown Road home and their Sarver area businesses, Dee Gee Motors and Cash Auto and Salvage.

On the same day the couple pleaded, their attorneys delivered a check for $350,000 to the U.S. District Clerk's Office.The check represented the money the Geberts promised to repay the victims.

Ambrose will determine at sentencing if, as Love asserts, the couple should pay even more money to compensate all the victims in the case.

David Gebert is already serving a 20-year sentence in the South Dakota State Penitentiary in connection with the motorcycle and parts theft ring.

He could get another 4 years tacked onto his prison time, due to the federal charges, Love said.

Linda Gebert of West Mifflin, Allegheny County is free on bond while awaiting sentencing.

Love said prosecutors, as part of the plea deal, are seeking house arrest and no jail time for Linda Gebert, in part due to her declining health.

Trooper Scott Monroe testified at Tuesday's hearing about the Geberts' arrests in August 2003 at the Sturgis Motorcycle Rally in South Dakota, an annual event that attracts up to 1 million biker enthusiasts and visitors.

A motorcyclist spotted a man, later identified as David Gebert, at a Harley-Davidson dealership in Rapid City, S.D., riding away on the owner's $26,000 bike.

Police later tracked Gebert to the family's campsite near Sturgis, where they found three more stolen motorcycles and parts.

Gebert and his wife of more than 35 years were each carrying a loaded .380 pistol when they were arrested.

Monroe said police in South Dakota seized other evidence that suggested the campground was a "satellite chop shop operation."

The couple's 29-year-old son, Justin Gebert, arrived while police were searching the campsite. Investigators later determined that his motorcycle included a stolen front-end assembly.

The Geberts and their son were arrested and charged in two counties. In 2004, David Gebert pleaded guilty to grand theft and trafficking in stolen vehicles.

South Dakota prosecutors, in exchange for the guilty plea, agreed to drop all charges against Linda and Justin Gebert.

The Pennsylvania State Police Auto Theft Task Force soon began their own investigation into the Geberts and their Butler County operation, Monroe said.

Investigators uncovered evidence that showed the couple stole various models of Harley-Davidsons and would change the vehicle identification numbers at their home or salvage yard.

The defendants, authorities said, resold the vehicles using parts with VINs of vehicles that were bought at legitimate auctions so the vehicles would be traceable to legal vehicles.

Monroe testified that "piles" of stolen leather bike attire also were seized.

The trooper said his investigation determined the Geberts stole about 84 vehicles, mostly motorcycles, during their enterprise.

A federal grand jury in March 2006 indicted the Geberts. Love declined to say if any other indictments were sought in the case.

Love told Ambrose that 98 victims of the Geberts' chop shop have been identified; however, he conceded there are likely more.

He said prosecutors used police reports, insurance claims, victim impact statements and other information to come up with a loss figure — $2,191,598 — attributed to the scheme.

Of that amount, $1,863,740 came from insurance payouts to owners of the stolen vehicles and other property.

"We need to establish the loss for penalty purposes,"Love said after the hearing. "The greater the loss, the greater the time you get (in jail)."

He said that David Gebert under federal sentencing guidelines could get between 43 and 56 months in prison.

Ambrose, however, could give him more or less. She will also determine if that federal sentence will run concurrently or consecutively to his jail term in South Dakota.

Prosecutors opted to show leniency toward Linda Gebert, Love admitted, because they acknowledged it was her husband who was the "mastermind" of the chop shop operation.

He also noted that the woman suffers from many health ailments, including severe arthritis, fibromyalgia, a degenerative lower spine condition and clinical depression.

In 2005, she was treated for breast cancer and has had numerous other surgeries including a hysterectomy.

Ambrose also will determine if the Geberts should turn over more in restitution. Additionally, she will determine how the $350,000 the Geberts already have paid, as well as any other money, will be divided up among the victims.

Love, following the hearing, said he suspects the Geberts have more money to ante up. He said investigators traced an account held by the defendants that once held $670,000.

Prosecutors don't know what happened to the money.

"He's probably got it squirreled away somewhere,"Love said of David Gebert. "We can't find it."

Love argued that additional restitution to the victims could come from the sale at auction of 23 vehicles — many from the Geberts' former home and junk yard in Butler County — that state police seized.

The victims to share in the restitution, according to court documents, include individuals and car dealerships that had vehicles stolen by the Geberts.

Other victims are identified as insurance companies that paid claims on those thefts, and anyone who bought vehicles from the defendants only to have them later confiscated by police as part of the investigation.

In all, police confiscated 43 vehicles from "innocent third-parties" who bought them from the Geberts after they were stolen from their original owners.

When the hearing resumes March 7, attorneys Mark Lancaster, who represents DavidGebert, and Charles Porter, who represents Linda Gebert, will be allowed to counter the prosecution's loss figure and argue against additional restitution.

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