A former Tracy business owner initially accused of theft and racketeering in Lyon County appeared remotely in Lyon County District Court on Tuesday.
Darin Horner, former owner of Affordable Appliance Plus, faced six felony counts of theft by swindle and one felony racketeering charge for alleged offenses between March 2017July 2019.
In a plea agreement Tuesday, Horner pleaded guilty to two of the theft by swindle charges — both with a value in excess of $35,000; the other five counts against him were dismissed.
The plea agreement is contingent on Horner paying $60,000 in restitution.
The criminal complaint alleged that starting in October 2018, the Tracy Police Department received more than 50 complaints from customers of Horner for goods that were misrepresented or items they never received. The total loss to victims exceeded $200,000 according to Minnesota Attorney General Keith Ellison’s office.
Ellison’s office prosecuted Horner upon a referral from Lyon County Attorney Abby Wikelius under Minnesota Statutes section 8.01, which provides, “Upon request of the county attorney, the attorney general shall appear in court in such criminal cases as the attorney general deems proper.”
Horner admitted that from July 20, 2018-Nov. 12, 2018, and from Nov. 26, 2018-Jan. 14, 2019, he obtained money from multiple customers looking to buy appliances but did not provide the goods.
He testified that instead of delivering the items, he deposited the money into different accounts and used the funds for things like paying bills and employees, as well as paying on a contract for deed.
A sentencing hearing was set for Dec. 16. Victims of the crimes will be allowed to give victim impact statements that day. A pre-sentencing investigation was also ordered by the court, and Horner is required to meet with his probation agent prior to that.
