WI Conference

By Holly Merz | on February 15, 2012

A combined MOTFEA / NOTFEA conference will be held June 3rd – 7th, 2012 in Green Bay, Wisconsin.

The National Odometer Title Fraud Enforcement Association and the Midwest Odometer Title Fraud Enforcement Association along with the Wisconsin Division of Motor Vehicles invite you to attend our training workshop in Green Bay, WI.  The workshop will be held at the Hyatt on Main, Green Bay, WI.  The Hyatt is a perfect location with easy access to and from nearby Austen Straubel Airport.  The Hyatt boasts all suite accommodations with modern lifestyle amenities and luxury at every turn.

For more information and to register, please visit the MOTFEA page located here.

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Making A Federal Case Out Of Odometer Fraud

By Gary Mitchell | on May 8, 2012

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.

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Dealer made £100,000 by clocking (Approximately $ 200,000 U.S. Dollars)

By Gary Mitchell | on May 8, 2012

A used-van dealer wound millions of miles off odometers and illegally made over £100,000 (Approximately $ 200,000U.S. Dollars)  in just 10 months, according to Trading Standards Agency (TSA) officers.

Maxwell Stuart Alvey, 50, from Gedling Road in Arnold, Notts, pleaded guilty to 10 separate charges of fraud and is now awaiting sentence at Nottingham Crown Court. His then-partner Jane Louise Starbrook was cleared of any involvement in the case at an earlier hearing.

TSA officers launched an investigation into Alvey’s business after receiving several complaints regarding unusual wear and tear on vehicles with relatively low mileages. In the worst example seen by the court, Alvey took almost 300,000 miles off the odometer of a Mercedes van.

Clocking is one of the most widespread illegal practices found in the used car industry. The fraudulent practice involves using computers or mechanical tools to physically wind back the number of miles displayed on a cars odometer, allowing the dealer to sell the vehicle for a higher price than would otherwise be possible.

Buyers of used cars are reminded that careful checking of a vehicle before purchase is a vital precaution, as doing so can allow buyers to avoid cars that are likely to break down or encounter other problems after getting the car on the road.

Article found at: http://www.rac.co.uk/news-advice/motoring-news/post/2012/5/dealer-made-100000-by-clocking/

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Mileage rip-off hits thousands of used car buyers

By Gary Mitchell | on May 4, 2012

WIND UP: Used car buyers have been warned to beware shonky sellers who wind back odometers. Source: The Courier-Mail

USED car buyers have been warned to beware of shonky sellers winding back odometers, with a report revealing tens of thousands of used cars have been “clocked”.

The illegal practice is most common in South Australia, Tasmania and Queensland where one in 100 vehicles has been tampered with, according to consumer vehicle research site carhistory.com.au

The site found that in the year to March, just under 1 per cent of used cars it checked had odometers wound back which, if representative of the national used car market, meant tens of thousands of vehicles were being sold under false pretences.

Carhistory boss David Scognamiglio said the report indicated that every state had groups of shonky sellers who had evaded detection and prosecution for misrepresenting odometer readings.

“Many sellers fail to provide statutory warranties and falsify log books and other documents to car buyers,” he said.

“No one wants to buy a car to find out in the next few months that they’ve been ripped off, the warranty is void or they are having issues due to the vehicle’s extensive use.”

Individual offenders face up to two years in jail and fines of $40,000 to $60,000, depending on the state, while organisations face fines of about $200,000.

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

By Gary Mitchell | on May 3, 2012

FOR IMMEDIATE RELEASE Thursday, May 3, 2012

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.”

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Flier for illegal odometer service leads to arrests

By Gary Mitchell | on April 18, 2012

Douglas Craig

LEE COUNTY, FL – A man and his son were arrested for allegedly tampering with the odometer ofa car during a sting operation set up by the Lee County Sheriff’s Office, according to reports.

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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End-of-contract vehicle ‘clocking’ on increase

By Gary Mitchell | on April 17, 2012

A growing number of vehicles are being handed back at the end of a contract hire or personal contract purchase (PCP) agreement having been clocked.

Fleets and individuals eager to avoid excess mileage charges are turning to mileage correction companies to clock the vehicle before they return it.

And the problem is causing so much concern within the industry that the Vehicle Remarketing Association (VRA) is calling for companies that undertake the procedure to be better regulated.

A string of businesses advertise their services online from £50 and, while problems with an odometer may require the use of their services legitimately, many companies are turning to them to avoid end-of-contract charges.

Used car history expert HPI says it has seen the number of used cars showing an ‘inconsistent mileage’ increase by more than 10% since 2007. It identified more than one million clocked cars in 2011 – one in every 20 it checked.

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Senate passes highway bill

By Gary Mitchell | on April 11, 2012

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.

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

By Casey Edds | on April 2, 2012

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.”

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Posted in Convictions, Northeast, Odometer Fraud Statistics | Comments Off

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

By Gary Mitchell | on March 20, 2012
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.

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Five Arrested in Organized Crime Ring

By Holly Merz | on March 20, 2012

On Friday, the Pinellas County Sheriff’s Office announced it had arrested five men in an $3.1 million racketeering scheme. The Sheriff’s Office also said it is still searching for five more suspects.

Botchev

Botchev was the 'ring leader' according to the Sheriff's Office. He was arrested Thursday. Credit William Mansell

In 2008 the Pinellas County Sheriff’s Office began an investigation into a $3.1 million racketeering scheme involving luxury car and credit card fraud.

Five suspects were arrested Thursday in what the Sheriff’s Office is calling an organized crime ring. Five more suspects are still at-large.

Arrested Suspects:

  • Tihomir Botchev, 32, of 291 Keating Drive, Largo
  • Ivan Petrov, 31, of 2461 61st Lane, St. Petersburg
  • Georgi Angelov, 28, of 11440 8th Way N., St. Petersburg
  • Martin Jordanov, 27, of 4046 11th Street N, St. Peterburg
  • Lubomir Sandov, 47, 600 Brookside Drive, Clearwater

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The National Odometer and Title Fraud Enforcement Association (NOTFEA) is a non-profit, professional organization formed originally in 1980 as the National Odometer Enforcement Association (NOEA).

The association is chartered as a non-profit corporation with the Commonwealth of Virginia and is registered as a 501(C)(3) organization with the Internal Revenue Service.

Membership in NOTFEA is restricted to individuals working for law enforcement and consumer protection agencies, licensing and motor vehicle departments, and private attorneys and investigators who are responsible for detecting, deterring, and prosecuting odometer, rebuilt/salvage, and other title fraud offenders under state, federal, and other applicable laws.