Court action large NDN

A Norfolk man named as the defendant in several private lawsuits — and in one federal case — will have at least four hearings to attend next month.

Max Kant, 47, is scheduled to go to trial Tuesday, Dec. 17, in Omaha on two federal charges of bank fraud that took place in 2016 and 2017.

Joe Jeanette, a public information person with the U.S. Attorney’s Office in Omaha, said Kant was indicted on the charges in September.

The maximum possible penalty if Kant is convicted is 30 years in prison and a $1 million fine on each charge.

“We’ve got those federal charges for him on bank fraud, and all the other cases are civil suits, including the banks trying to recoup their money. ... The assistant U.S. attorney will keep me abreast on any plea deals. ... It’s just a real mess,” Jeanette said.

One of the civil suits filed in Madison County against Kant and his wife, Ann, was brought by M&S Livestock, JS Enterprises and Donald Hearnen, all of South Dakota.

The suit alleges breach of contract in 2017 for failing to pay the plaintiffs for the sale of cattle the Kants were hired to care for and to oversee the sale to buyers. A second count alleges the Kants defrauded the plaintiffs by knowingly and wrongfully withholding payment.

The plaintiffs seek judgment against the Kants and for costs expended. A pretrial hearing is scheduled in Madison County District Court on Monday, Dec. 16, at 10:30 a.m.

Another suit, filed in 2018, was brought against the Kants by James David Volk of Battle Creek.

Volk said in the suit he has been the owner of real property in two tracts of land. He alleges the Kants filed a warranty deed for the property and presented themselves as the current owners.

The lawsuit states the warranty deed is void due to lack of consideration, fraud and duress.

Volk seeks an order voiding any alleged transaction between himself and the Kants, as well as an order resting Volk as the rightful owner of the real property. He also seeks a judgment against the Kants for damages, fees and costs.

A pretrial hearing is also scheduled for Dec. 16, at 10:30 a.m. in Madison County Court.

A third lawsuit, by Mark and Denise Mueller of Emerson, alleges a promissory note for valuable consideration and funds advanced was made by the Kants and delivered to the Muellers in 2013 for the sum of $625,184.13.

The suit said the promissory note was payable monthly beginning in May 2013 through April 2018. The Muellers are suing for a balance allegedly owed by the Kants of $489,688, as well as 5% annual interest, a late payment charge of 10% and costs and fees.

A hearing is scheduled for the same date and time as the other two in Madison County, at 10:30 a.m. on Dec. 16.

A judgment in a separate lawsuit, brought by The Security National Bank of Sioux City, Iowa, was entered against the Kants in December 2018.

The bank had alleged in the lawsuit that the Kants had taken out several loans and secured them with an agricultural security agreement. The agreement granted Security National Bank interest in, among other things, all farm products, equipment and inventory.

Cattle owned by the Kants provided necessary collateral to secure the loans, but the Kants informed the bank they had falsified a cattle sales contract and were short approximately 2,000-3,000 head of cattle due to death loss over four years, the suit said.

Security National Bank alleged fraud and sought judgment against the Kants to fully compensate for damages, as well as interest.

A judgment of $994,572 was entered against the Kants, as well as interest, bringing the amount up to $1,038,578.

In other news

WYNOT – The West Point Guardian Angels Central Catholic Bluejays girls’ basketball team overcame a rough first quarter and completed a 14-point opening frame deficit to defeat Wynot here on the Blue Devils’ home court Thursday night, 48-39.

HUMPHREY — For the last five years, Humphrey St. Francis and Riverside have been among the best Goldenrod Conference boys basketball programs. This season was expected to be no different — even with the Chargers' record-setting scorer Tredyn Prososki out due to an injury.