DATE: Thursday, May 22, 1997                TAG: 9705220453

SECTION: BUSINESS                PAGE: D1   EDITION: FINAL 

SOURCE: ASSOCIATED PRESS 

DATELINE: CHARLOTTE, N.C.                   LENGTH:   53 lines

NASCAR'S RICK HENDRICK WASN'T SINGLED-OUT, JUDGE SAYS

The law applies to both the mighty and the meek, a federal judge said in rejecting claims that car dealer and NASCAR team owner Rick Hendrick was singled out by prosecutors in the American Honda bribery scandal.

U.S. District Judge Lacy Thornburg ruled Monday that there is no evidence that federal prosecutors unfairly singled out Hendrick, who claims he is the victim of ``selective and vindictive prosecution.''

Rick Hendrick, one of the nation's largest auto dealers, was indicted in December on 15 charges of conspiracy, money-laundering and fraud. His brother, John, was indicted on one count of conspiracy. They have pleaded not guilty and face an August trial.

The Hendricks say they were among scores of car dealers who made payments to corrupt Honda executives, but that others escaped prosecution.

The government accuses the Hendricks of bribing Honda executives in exchange for favorable treatment in the allocation of cars and new dealerships.

The Hendricks have acknowledged making payments, but say they received nothing in return.

Thornburg said the defense's own evidence shows that the Hendricks were ``singularly large-scale bribers with a unique prosecutorial profile.''

Rick Hendrick owns Hendrick Automotive Group, which controls 66 automobile and truck dealerships, employs 4,500 and has annual revenue of more than $2 billion. In 1994, years after the alleged incidents occurred, Hendrick bought the Colonial Auto Group, which operates Chevrolet-Geo and Cadillac dealerships in Norfolk and a Mitsubishi dealership in Chesapeake.

Thornburg said prosecutors would have been remiss if they hadn't pursued Hendrick. The judge noted one defense exhibit that showed the Hendricks contributed amounts totaling $825,000 in the form of cash, houses, cars and furniture.

The Hendricks claimed that a New Hampshire prosecutor who played a lead role in the Honda investigation had ``improper animus'' toward Rick Hendrick - in part because the car dealer publicly proclaimed his innocence.

Thornburg called evidence of that malice - a picture of Hendrick in the prosecutor's office - ``meager.''

A federal magistrate had ruled earlier that the Hendricks could question U.S. Attorney Mark Calloway and his assistant, Jerry Miller, about their decision to prosecute the Hendricks.

Thornburg reversed that decision and denied the Hendricks' motion that the indictments against them be dismissed.

Rick Hendrick, 47, was diagnosed with leukemia shortly before being indicted, and is undergoing chemotherapy. Defense attorneys have asked that the trial, slated for Asheville, be moved to Hendrick's hometown of Charlotte.

Thornburg has said he will rule on that issue in June after reviewing reports from Hendrick's doctors.

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