Cooper subpoenaed for fraud conspiracy trial

Lt. Gov. John Wilder and state Sen. Jerry Cooper have been subpoenaed to testify at the federal trial of an Alabama couple and a McMinnville real estate appraiser charged with fraud and conspiracy in a land deal linked to Cooper, attorneys said.

Defense attorneys said after a pretrial hearing Monday that Cooper and Wilder, who?s also a senator, were among witnesses they subpoenaed to testify at the April 4 trial.

Huntsville, Ala., businessman Anthony Auyer is charged along with his wife, Teresa Auyer, and real estate appraiser James Passons of McMinnville in an indictment that accuses them of inflating the value of a lumber mill.

Cooper, D-McMinnville, owned the mill, and the indictment refers to the property owner as an ?unindicted coconspirator.? Cooper is not charged and has said he never used his influence as a state senator to help the sale.

The indictment accuses Passons of preparing an appraisal for the mill property in Warren County on April 14, 1998, and falsely contending it contained a railroad spur. Cooper then sold the property to Auyer, with a commitment from the Tennessee Department of Economic and Community Development that a grant would be issued to Auyer to build the rail spur, records show.

The indictment contends the unindicted coconspirator ?used his political contacts, connections and influence? to help Auyer obtain a $1.77 million federally insured loan to purchase the lumber mill property.

State officials said the spur was never built.

Assistant U.S. Attorney Gary Humble declined comment about the case and investigation, which his recent court filings said could lead to charges against ?other criminal participants.?

The Auyers and Passons are charged with conspiracy, fraud and money laundering.

Wilder, D-Mason, a part owner of BankTennessee that financed the loan, initially said he spoke with Cooper about the loan but later said he never spoke to Cooper about it.