Category Archives: Convictions

Ausden Clark fined £10,000 (Approximately $16,243 US Dollars)

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Following an investigation into a coach company operating as Ausden Clark Ltd, based at Dysart Way in Leicester (UK), it was revealed that maintenance records had apparently been falsified and then signed as accurate by the company director, Mr. Paul Ausden Clark. Mr. Clark was arrested with the assistance of local police officers on Tuesday the 10th of July 2012. The VOSA led investigation centred upon examining the veracity of the information contained in the periodic maintenance inspection (PMI) records required to be kept for inspection by enforcement officers with the authority to carry out such inspections. It was found that the odometer readings recorded on the PMI sheets did not correspond with the odometer readings recorded on the tachograph records and fuel log sheets bearing the same date as that on the PMI sheet. Mr. Paul Ausden Clark who appeared at Leicester Crown Court on Thursday 20 September entered a plea of guilty to 10 counts of making a false instrument with intent that it be accepted as genuine, contrary to Sections 1 and 6 of the Forgery and Counterfeiting Act, 1981. In addition to this, he asked for 64 similar counts to be taken into consideration (making 74 in all). The matter was heard before His Honour Judge Hammond in court number 4 and following mitigation by his counsel was sentenced to a fine of £10,000 and ordered to pay costs in the sum of £17,800. He was allowed 12 months to pay. Heather Cruickshank, VOSA’s Operations Director said: “The falsification of these maintenance records may well have compromised the road safety of other road users in the event of a crucial component failure in relation to the brakes, steering and suspension, especially in relation to so many falsifications. VOSA is committed to detecting and prosecuting this type … Continue Reading

Probe of dealer who sold cars with rolled-back odometers brings more complaints from customers

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SPRINGFIELD, Mo. — Excel Auto Group LLC is still under investigation by the state while a lawsuit against it works its way through a Greene County circuit court. Documents from the Missouri Secretary of State’s office show Ashley Bolton, the owner of Excel Auto Group, has also operated under B&B Motors. Scores of people continue to call and e-mail saying they too have found out their odometers have been tampered with. You can go to AutoCheck.com or Carfax.com and run your own check to see if you have been a victim. If you have, you can file a report with the Attorney General’s Office at 1-800-392-8222. If you want to speak with someone in Springfield, you can call the Missouri Department of Revenue at (417) 895-6429. The Attorney General’s Office is busy with the civil investigation into Bolton. No one has said if there’s a criminal investigation of Bolton or Excel Auto Group. Original article: http://www.ky3.com/news/ky3-excell-new-details-in-the-investigation-of-springfield-car-dealership-that-was-allegedly-rolling-back-odometers-20120619,0,1026542.story

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Ind. AG files suits on behalf of Lake County residents

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BY BRYAN COHEN HOBART, Ind. (Legal Newsline) – Indiana Attorney General Greg Zoeller filed five lawsuits on Monday on issues ranging from car dealer violations to illegal foreclosure consultants to protect Lake County residents. Hometown Motors and Luke’s Family Motors allegedly took advantage of consumers by violating the Deceptive Consumer Sales Act, state and federal odometer acts and the Indiana Automotive Unfair Practices Act. Two Florida-based foreclosure consultants, Josegan Inc. and First Financial Link LLC, allegedly ripped off two Lake County residents of $3,500 by promising to reduce the homeowners’ interest rates or monthly payments in exchange for a fee upfront. The Vacation Store and its owner allegedly took payments for travel packages and failed to deliver payments to resorts for the accommodations purchased. “The attorney general’s office in Lake County is committed to protecting consumers here in the region,” Zoeller said. “These lawsuits represent only a slice of what our Consumer Protection Division and Homeowner Protection Unit do on a daily basis. It’s important to know that our office listened to local consumers and will use every resource available to pursue violators of the law.” Hometown Motors and John F. Petrassi, the company’s owner, allegedly failed to provide titles to purchased vehicles and knowingly reported inaccurate years and mileage on a used vehicle. Luke’s Family Motors allegedly misrepresented the mileage of a used vehicle and violated the terms of a previous settlement with Zoeller’s office to return excess fees for document preparation to customers. Zoeller’s lawsuits seek civil penalties and restitution in both auto-related matters. First Financial Link and Josegan allegedly requested that consumers make payments that ranged from $1,500 to $2,000 for foreclosure prevention. Consumers eventually realized that little to no progress was made on their loans. The lawsuits against the two companies allege that the defendants violated … Continue Reading

AG Zoeller files lawsuits against local businesses

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By Rob Earnshaw Times Correspondent HOBART | It was just a “day in the life” for the Indiana Attorney General’s Office as it completed its move from Merrillville to Hobart’s Police, Court and Community Complex. Indiana Attorney General Greg Zoeller filed five lawsuits ranging from foreclosure consultants to violations by local used car dealerships in Lake County. First Financial Link LLC and Josegan Inc., both of Florida, are accused of bilking two Lake County victims for a total of $3,500. The businesses promised to reduce homeowners’ interest rates or monthly payments in exchange for an upfront fee. The companies also did not register a $25,000 surety bond with the Attorney General’s Office to conduct business as foreclosure consultants in the Indiana. “These are things we’re very aggressive about,” Zoeller said. “We’ll probably find out after we file this how many other people might have been similarly scammed. Right now we’re telling people don’t pay money up front to foreclosure rescue outfits.” Hometown Motors in Gary and Luke’s Family Motors in Highland face lawsuits for allegedly taking advantage of consumers by rolling back odometers. The Attorney General’s Office said Hometown Motors and its owner John F. Petrassi are accused of knowingly reporting inaccurate mileage and year of a used vehicle and failing to provide titles to purchase vehicles. Luke’s Family Motors, in addition to an accusation of misrepresenting mileage of a used vehicle, is accused of violating the terms of a previous settlement reached with the Attorney General’s Office. “That will up the ante when it comes to penalties,” Zoeller said. “The first time we can usually work something out that makes it clear we’re paying close attention. The second time you’re in real trouble.” The Attorney General’s Office also filed a lawsuit against The Vacation Store and its owner Tom … Continue Reading

Making A Federal Case Out Of Odometer Fraud

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You know, not every lawsuit involves complex issues of law – not every case is filled with earth-shattering allegations. Sometimes the law is mundane. However, just because a case involves some familiar allegations and easily understandable facts doesn’t render the matter uninteresting. For example, take the federal lawsuit in the District Court for the Middle District of Louisiana against Beau Michael Guidry of Baton Rouge, LA., the owner of Affordable Imports in Denham Springs, LA. According to federal prosecutors, Guidry purchased high-mileage motor vehicles online through eBay and from wholesale automobile auctions in Louisiana, Mississippi and Texas. At the time that Guidry resold the vehicles at his lot or on eBay, many of the vehicles were over ten-years old. That’s an important milestone as many used car buyers know because Guidry was not required certify in writing the accuracy of the mileage. You may have your heart set on that Ford or GM truck, your kid may need a set of wheels and you’re thinking about a Honda or Nissan — there’s this great deal at the local used car lot or the nearby AutoNation. On the other hand, you saw this great deal on eBay or your next door neighbor says he has a friend of a friend. Hey, you’re a big boy or girl, you know the risks. As long as it’s a fair deal. Yeah, sure — these “as is” sales are the stuff of legend – with caveat emptor being the rule of the road and buyers well advised to have a mechanic check out the auto before handing over the purchase price. More than a few so-called cherries have proven to be held together with chewing gum or rubber bands, or were found floating in some swamp after a hurricane. The funny thing about the lore of … Continue Reading

Baton Rouge, Louisiana, Man Pleads Guilty to Odometer Tampering Charges

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Beau Michael Guidry of Baton Rouge, La., pleaded guilty today in the U.S. District Court for the Middle District of Louisiana to three counts of odometer tampering. Guidry, owner of Affordable Imports in Denham Springs, La., purchased high-mileage motor vehicles both online, through eBay, as well as from wholesale automobile auctions in Louisiana, Mississippi and Texas.  The vehicles’ odometers were then rolled back as much as 147,000 miles.  Guidry subsequently resold the vehicles at his lot in Denham Springs or through eBay to unsuspecting purchasers. Many vehicles were more than 10 years old when Guidry sold them.  Because of the age of the cars, Guidry was not required to sign a disclosure certifying as accurate the mileage on the vehicles that were more than 10 years old.  However, each time he altered an odometer with intent to change the mileage on the odometer, he violated federal law. “Just because a car dealer does not have to certify the mileage on cars he sells, that does not give him a license to roll back odometers,” said Stuart F. Delery, Acting Assistant Attorney General for the Civil Division.  “It is equally fraudulent to roll back a so-called ‘exempt’ vehicle as rolling back a non-exempt vehicle.  With cars remaining in service longer, people rely on vehicles older than 10 years for basic transportation.  These citizens are not fair game for crooked car dealers.” “The odometer tampering statutes were put in place to protect consumers who pay more for used cars, and suffer other financial and potential mechanical harm when odometers on cars are rolled back,” said U.S. Attorney Donald J. Cazayoux, Jr. of the Middle District of Louisiana.  “The Department of Justice is committed to putting in prison those who steal from consumers and put them in danger by selling cars with rolled … Continue Reading

Flier for illegal odometer service leads to arrests

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According to reports, the Auto Theft Unit learned that fliers were being placed on vehicles at an auction that advertised odometer services. The flier read, “Odometer services, digital or analog, we adjust, correct or replace, any odometer to any miles, we come to you.” The flier included two phone numbers that deputies discovered belonged to Douglas Craig and his son Austin Craig. In April, an undercover officer called one of the phone numbers and spoke with Douglas. The deputy arranged to meet with Douglas to roll back the odometer of a car with 100,000 miles, according to reports. Douglas told the deputy it would cost $125 for the service, reports said. In mid April, the undercover deputy made contact with Douglas again. He agreed to meet in the Walmart parking lot later that day, reports said. Douglas and Austin arrived to Walmart driving a silver 2002 Chevrolet Cavalier. When the deputy asked Douglas about how easy it was to change the odometer readings, Douglas offered to show how easy it was by changing the mileage on his Cavalier, reports said. Austin plugged a device into a service port of the Cavalier and changed the odometer from 5,000 miles to 60,031 miles, reports said. When Douglas and Austin walked to the Cobalt with the device, they were arrested and charged with two counts of tampering with an odometer. http://www.nbc-2.com/story/17525330/2012/04/18/men-arrested-for-tampering-with-odometers

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Senate passes highway bill

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The bill would also dramatically hike fines for odometer fraud to up to $1 million from a current maximum of $100,000 for some fraudulent actions. The U.S. Senate on Wednesday approved a two-year, $109 billion bill to pay for highway construction and boost auto safety regulations. The bill was approved by a 74-22 vote and now goes to the House. Sen. Carl Levin, D-Detroit, praised the bill, saying it “will improve the mobility of people and commerce while reducing traffic congestion and improving air quality.” Levin said the bill will help state transportation agencies that “need to be able to do long-term planning, and a two-year bill helps that cause, and is surely better than the short-term extensions we have been living under.” Levin said Michigan will get more than $1.1 billion per year for two years for highways, “slightly more than under the current bill.” Under the transit formulas, Michigan will get $131.3 million per year for two years in mass transit, “a little more than we got last time in formula funds.” In 1978, Michigan was getting around 75 cents back on every dollar in federal gas taxes paid. That went up to about 80 cents in 1991, 90.5 cents in 1998 and 92 cents in 2005, Levin said. “Unfortunately, there simply isn’t enough money this time around to improve the rate of return for donor states,” Levin said. The current authorization to collect the 18.4-cent federal gasoline tax expires on March 30; that tax currently raises about $100 million a day to repair the nation’s roads and fund other projects. White House Press Secretary Jay Carney praised the bill’s passage. “We are pleased that Senators have continued the tradition of working across the aisle to pass a bill that keeps Americans at work maintaining our nation’s vital … Continue Reading

Dealer Says Odometer-Rollback Charges Are Due to Mechanical ‘Glitch’

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The Daily Times of Deleware, Pa., reported this past weekend that one local used-car dealer charged with rolling back the odometer on a 1998 Jeep Cherokee has a different story to tell. The dealer and his attorney are claiming that a mechanical defect was the cause of the erroneous mileage reading. The report stated that David Gill, general manager of DiFilippo Brothers Motor Cars, is being charged with alteration of true mileage statement, deceptive business practices and the misdemeanor charge of tampering with public records. And Gill’s attorney, Michael Malloy, disputes the allegations, blaming the odometer readings on what he called a “mechanical glitch.” Highlighting the background on the case, Gill sold a Jeep Cherokee to customer Rodney Gilmore in December 2010 for $9,295, with an odometer that showed 67,189 miles — according to the affidavit of probable cause written by Pennsylvania State Trooper Louis Vitali. But the PennDOT records painted a different picture: the records obtained by Vitali showed the Jeep’s last reported mileage as 84,210, reported the Daily Times. Malloy apparently said, “We know for a fact now the (odometer) is now back further than when the complainant drove it. “We can’t say why it’s happening,” he was reported saying. But according to the affidavit, Gilmore ran a Carfax report on the Jeep shortly after he bought the unit. And this report showed apparently showed the mileage on the vehicle was much higher. “Gilmore called the dealership and spoke with a woman who confirmed the mileage on the title was in fact 84,210, not 67,189, according to the affidavit,” the Daily Times reported. But Gill claims that on the date of sale, the vehicle title was unavailable and he took the mileage from the odometer to complete the paperwork. According to a report from Vitali, Gill also told him the mileage on the … Continue Reading

Georgia court orders $11,474 in restitution for car odometer fraud

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WILDER,v.THE STATE.A11A2223. Court of Appeals of Georgia. Decided: March 19, 2012. DOYLE, Presiding Judge. Richard Keith Wilder was convicted of forgery1 after entering a guilty plea pursuant to Alford v. North Carolina.2 The trial court entered a restitution order from which Wilder now appeals. For the reasons that follow, we vacate the order of restitution and remand with direction. The proper amount or type of restitution shall be resolved by the ordering authority by the preponderance of the evidence. And the burden of demonstrating the amount of the loss sustained by a victim as a result of the offense shall be on the [S]tate. On review of a restitution order, the appellate court has the duty of reviewing the transcript to determine whether each party has met his or her specified burden and determining whether a restitution award was supported by the preponderance of the evidence. So viewed, the record reveals that Wilder was indicted on two counts of first degree forgery for allegedly forging the names of two previous owners on a motor vehicle title and one count of alteration of an odometer.4 Wilder agreed to plead guilty to one of the two forgery charges in exchange for the State moving for entry of an order of nolle prosequi as to the remaining forgery charge and the alteration of an odometer charge. At the guilty plea hearing, the State contended that Wilder sold a used vehicle to Andrea Berlin with a forged signature of a previous owner and an incorrect odometer for $7,900. The car immediately showed signs of disrepair, and Berlin invested $3,574 in repairs before attempting to resell the vehicle to another used car establishment, which offered her $1,700 for the vehicle. At the guilty plea hearing, the State asked for a separate hearing on restitution and … Continue Reading