Two Nissan dealerships in Alabama’s largest market are getting the attention of officials from the Department of Justice and the Federal Trade Commission.

Not long after one Birmingham, Ala., Nissan store received word from the FTC regarding a consent order regarding advertising, federal prosecutors charged the general manager of another Nissan store in the city with conspiracy to defraud Nissan North America through its dealership incentive programs.

U.S. Attorney Joyce White Vance, FBI Special Agent in Charge Roger Stanton and Internal Revenue Service-Criminal Investigation Special Agent in Charge Veronica Hyman-Pillot announced the charges against Serra Nissan late last week.

The U.S. Attorney’s Office filed a one-count information in U.S. District Court charging that Randy Visser directed managers of the Birmingham dealership to falsify sales reports submitted by wire to the manufacturer so Serra Nissan could receive incentive payments it did not earn.

Prosecutors also filed a plea agreement with Visser, in which he acknowledges the conspiracy charge and states his intention to plead guilty.

The charge against Visser follows last month’s grand jury indictment of Serra Nissan’s controller, Kimberly Branch. The 16-count indictment of Branch includes conspiracy and wire fraud charges based on the same scheme to defraud Nissan North America by falsely reporting to the OEM that certain vehicles were sold at Serra Nissan when they were sold at another Serra dealership.

The conspiracy charge against Visser charges that, between March 2013 and April 2013, Visser directed other employees at Serra Nissan to create false documents reporting vehicles sold at Serra Visser Nissan in Cullman as sold at Serra Nissan in Birmingham.

Federal officials explained the process, known as “pooling sales,” occurs when a dealer owns or is associated with more than one dealership and attributes sales from one dealership to another in order to meet sales incentive levels that each dealership would not reach on its own.

At all times relevant to the charged offense, Visser owned 49 percent of Serra Visser Nissan. His wife owned 2 percent, and her father, Anthony Serra, owned 49 percent, according to Visser’s information and plea agreement. Serra owns 50 percent of Serra Nissan, and his daughter owns the other 50 percent, according to the documents.

Visser and others in the conspiracy fraudulently claimed 15 vehicle sales for Serra Nissan, causing Nissan North America to overpay the dealership $64,800 in incentives, according to the charges.

The conspiracy charge carries a maximum penalty of five years in prison and a $250,000 fine.

FTC Approves Final Consent Orders in 2 Deceptive Advertising Cases

In other news from federal regulators, following a public comment period, the FTC recently approved final consent orders involving two dealers that regulators said deceptively advertised the sale, financing and leasing of their vehicles.

Under the settlement orders, Jim Burke Nissan of Birmingham, Ala., and Ross Nissan of El Monte, Calif., are prohibited from misrepresenting in any advertisement the cost to purchase or lease a vehicle, or any other material fact about the price, sale, financing, or leasing of a vehicle.

The consent orders also address the alleged Truth in Lending Act and Consumer Leasing Act violations by requiring the dealerships to clearly and conspicuously disclose terms required by these credit and lease laws.

The Jim Burke order also prohibits the dealer from representing that a discount, rebate, bonus, incentive or price is available unless it is available to all consumers or the qualification terms are clearly and conspicuously disclosed.

These cases were part of the FTC’s nationwide and cross-border auto sweep Operation Ruse Control, which was announced in March.

The commission announced a final consent with National Payment Network, a company involved in the sweep that deceptively advertised its add-on biweekly auto payment plan.

The FTC votes approving the final orders were 5-0.