Sentence hasn't kept Hendrick out of racing
Thursday, June 18, 1998 | 6:39 a.m.
SUN WIRE REPORTS
CHARLOTTE, N.C. -- Rick Hendrick has stayed in touch with key workers and others in Winston Cup racing, but he has not violated his probation that prohibits him from having "ongoing involvement" with his teams.
Since he was sentenced for mail fraud Dec. 31, Hendrick has been in contact with several prominent people at Hendrick Motorsports and elsewhere - although his probation officer says he is not doing anything wrong.
The list of people Hendrick speaks with regularly includes Jeff Gordon, his top driver, and John Hendrick, the younger brother who has taken over day-to-day operations of the race teams.
Rick Hendrick also played a minor role in the sale of Darrell Waltrip's Winston Cup team, and continues to be featured prominently on Hendrick Motorsports' Web site.
The five-page sentencing order contains more than 30 stipulations of what can and cannot be done during three years of probation.
Larry Wiley, the chief U.S. probation officer for North Carolina's Western District, said Wednesday that Hendrick is in "full compliance with the court orders as far as we're concerned."
"We have nothing to point to any sort of violation at this time," he said, refusing to elaborate.
Only one line refers to the one-year restriction placed on Hendrick's involvement in Winston Cup: "Defendant shall not be allowed to participate in the car dealership industry or to participate in the operation or ongoing involvement with his race teams."
U.S. Attorney Mark T. Calloway had favored a stricter sentence for Hendrick, whose car dealerships helped him launch what has become the top operation on stock car racing's premier circuit. U.S. District Judge Lacy H. Thornburg, responsible for the wording of the sentencing order, would not discuss the matter.
Also refusing to comment was Hendrick, who was indicted in December 1996 for his role in the American Honda Motor Co. bribery and kickback scandal.
Hendrick has acknowledged giving hundreds of thousands of dollars in cash, BMWs and houses to Honda executives, but claims he didn't receive anything in return.
Still, he pleaded guilty to mail fraud last August. In exchange, prosecutors agreed to dismiss a conspiracy charge and 13 counts of money laundering.
Hendrick was fined $250,000, but because he has leukemia, Calloway didn't press for a prison term.
Thornburg ordered Hendrick to stay in his Charlotte home and avoid the car business and his race team for a year. Hendrick's health has improved recently and associates say the leukemia is within 2 percent of total remission.
"Had he not been in poor health, we would not have agreed to home detention," Calloway said. "And since he was confined to his home because of his health, we therefore did not think it was appropriate that he be involved in his car dealerships or racing."
But Gordon, who has won two of the last three Winston Cup championships, says he speaks regularly with Hendrick - usually after races.
"It really is a struggle for him," Gordon said. "I mean, he loves racing, and taking him away from that is a major thing.
"I'll talk to him on the phone, and he'll be all excited and stuff, but I know that he's waiting for the day that he can come back."
John Hendrick, who was charged with conspiracy in the Honda case and paid a $120,000 fine, estimated he speaks with his brother as often as three or four times a week.
"I can only tell you it's very hard for him," John Hendrick said. "This racing end of it is his life. He thrives on it."
John Hendrick is overseeing the three-car Hendrick Motorsports contingent, which has produced 27 victories since the start of the 1996 season and the last three championships.
Gordon, who won the title in 1995 and 1997, and teammate Terry Labonte, the 1996 champion, are second and sixth, respectively, this year.
Ricky Craven, the team's third driver, is recovering from injuries.
But while John Hendrick is the man in charge of the team, his older brother remains the focus. The home page of the Hendrick Motorsports Web site on the Internet features a large color picture of Rick Hendrick and various details about his accomplishments in the business and racing worlds.
John Hendrick is not mentioned.
Rick Hendrick's continued involvement in racing isn't limited to his own team.
When three-time series champion Darrell Waltrip decided earlier this year to sell his team, he got an assist from his former boss - Hendrick. T.J. Beverley, an aircraft dealer from Texas who purchased Waltrip's team in late March, said Hendrick was responsible for getting them together.
"Rick Hendrick called me at home and said, 'You might call Darrell Waltrip this weekend and have a chat with him. I know you've wanted to get into Winston Cup,"' Beverley recalled.
Hendrick, who has to wear an electronic monitor, can return to NASCAR before the 1999 season-opening Daytona 500.
John Hendrick says the time away from the sport has allowed his brother to rest, helping him in his treatment. But it hasn't been easy.
"He's used to being so involved in all of it," the younger Hendrick said.
Apparently, that hasn't changed entirely.
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