Wyatts Towing’s former chief financial officer says he made a whistleblower claim to the Colorado attorney general earlier this year, accusing his former company of violating tax laws.
That revelation, which has not been publicized, came out during a legal squabble between Wyatts’ parent company, Towing Holdings, and former CFO Robert Plimpton over his retention of documents following his departure from the company. The towing giant sued Plimpton in April, saying he had stolen trade secrets in violation of his contract.
Plimpton, in a court filing responding to the lawsuit, said he first relayed concerns to the company’s CEO, Trevor Forbes, regarding improper accounting and IRS violations related to booking personal expenses as business expenditures.
After reporting the alleged unlawful conduct, Plimpton said Wyatts’ leadership retaliated by asking him to resign. So Plimpton, before his final day on the job, forwarded himself some 100 documents “for purposes of reporting to law enforcement,” according to the filing.
“These practices not only expose our company and us to significant legal and financial risks but also undermine the values and principles that I hold dear,” Plimpton wrote in his resignation letter, which is included in court documents. “I refuse to lend my talents and expertise to such a leader.”
Plimpton on Friday declined to comment on the lawsuit or whistleblower complaint. Wyatts, through its attorney, also declined to comment.
The Colorado Attorney General’s Office has not responded to questions from The Denver Post about Plimpton’s complaint.
The whistleblower complaint is not included in the court filings. Plimpton only makes references to it in his rebuttal, but does not include the full details of what he alleges to be illegal conduct.
Attorney General Phil Weiser took the unusual step in August of confirming his office’s active investigation into Wyatts following the tow of a state senator. That probe remains ongoing and few details have emerged concerning the investigation’s focus.
Towing Holdings sought, and received, a restraining order from a Denver judge preventing Plimpton from disseminating the proprietary information he had sent to his personal email account before he left the company.
After the company demanded Plimpton return the documents, Plimpton responded by sending Forbes “obscene and erratic messages” that included threats, according to Towing Holdings’ complaint.
“I am your worst nightmare,” Plimpton said in a text, according to the court filing. “You are going to want to settle this. You will not be able to ignore me. I understand if you are regretful, and even scared. You should be. Fight me, and it could be over.”
The former CFO also demanded $2 million, the company alleged.
Plimpton said the lawsuit, though, was not about the trade secrets. Instead, he alleged in a court filing, the company sought to deter him from complying with a subpoena from the Colorado Attorney General’s Office.
The towing giant has come under fire in recent months for what consumer advocates and lawmakers say is a blatant attempt to circumvent last year’s Towing Bill of Rights.
A proposed class action lawsuit filed last week accused Wyatts of “serial violations” of the 2022 law, which sought to give vehicle owners greater protections.
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