ST LUCIE COUNTY

Gary Hendry, CEO of Tentlogix, appears in federal court to face criminal conspiracy charges

Melissa E. Holsman
Treasure Coast Newspapers
Homeland Security agents raid the TentLogix business on Wednesday, March 28, 2018 in Fort Pierce.

FORT PIERCE —  Gary Hendry, the CEO of the tent rental business Tentlogix and its president Dennis Birdsall, appeared in federal court Wednesday to face criminal conspiracy charges related to having undocumented workers on the payroll, according to an indictment unsealed last week.

Hendry and Birdsall, both residents of Martin County, also face a charge of making false statements to a federal agency.

More: Tentlogix officials indicted on charges related to undocumented workers

During an initial appearance at the federal courthouse in Fort Pierce, U.S. Magistrate Judge Shaniek Maynard ordered Hendry and Birdsall released after each posting a $250,000 personal surety bond, records released Wednesday show.

The men were ordered to surrender their passports, records show, and were restricted to travel within Florida.

A two-count federal indictment — which followed a raid of Tentlogix last year by Homeland Security Investigations — accuses Hendry and Birdsall of conspiring “to conceal or harbor aliens for the purpose of commercial advantage.”

Related: Raid at TentLogix was 'not an immigration roundup'

Tentlogix supervisor Kent Hughes, who appeared in federal court Monday, faces the same charge, and is accused of conspiring with Hendry and Birdsall to create KH Services LLC in March 2017 “for the purpose of concealing, harboring and shielding aliens employed by Tentlogix from detection by law enforcement.”

A criminal search warrant was served at Tentlogix, west of U.S. 1 in Fort Pierce on March 28, 2018 and 30 people in the country illegally were removed from the business.

Tentlogix, court papers show, is being charged with the same conspiracy charge and could face a federal forfeiture of nearly $19 million, court papers show.  

Its website states the business has “been providing superior tent rentals to a wide array of clients in Stuart, Fort Lauderdale, Miami, West Palm Beach, Treasure Coast and Orlando since 1996.” At one point it was named Premier Party Rentals.

Hendry's West Palm Beach lawyer, David Roth, who also represents Tentlogix, said Wednesday as soon as the investigation was revealed his client and the business have cooperated with federal officials.

"Both Mr. Hendry and Tentlogix have fully and truthfully cooperated with Homeland Security and the United States Attorney's Office and intend to continue to do so," Roth said. "Further, Tentlogix has continued to provide its customers with the best products and service it can and absolutely intends to continue doing so." 

Attorneys representing Birdsall and Hughes couldn’t be reached Wednesday for comment.

If convicted, Hendry and Birdsall face a maximum of 15 years in prison. Hughes could be imprisoned for a maximum of 10 years, the indictment stated.

More: CEO of TentLogix, raided by federal agents, from pioneering Martin County family

Tentlogix has been under scrutiny by HSI since 2016 following an audit by federal agents that determined the firm employed 96 undocumented workers who were not authorized to work in the United States.

Tentlogix was warned “it could be subject to criminal charges if it continued to employ these aliens,” the indictment stated.

Hendry, Birdsall and Hughes are accused of scheming to shield these workers from HSI audit by funneling $3 million in payroll through KH Services.

“Hendry agreed to cover all the costs associated with KH Services and agreed to pay Hughes a fee for each alien who was transferred from Tentlogix payroll to KH Services’ payroll,” according to court filings.

Hendry and Birdsall are further accused of making false statements to federal agents by having Tentlogix’s attorney represent to a Homeland Security Investigation agent “that Tentlogix had terminated certain employees who were not authorized to work in the United States, when in truth and in fact … those employees were still working for Tentlogix."

U.S. District Judge Robin Rosenberg, seated in Fort Pierce, has scheduled a trial for Hendry, Birdsall and Hughes on Aug. 19 at 9 a.m.