STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHIC BD AP? e i p DIVISION OF MOTOR VEHICLES CASE NO. DMV-00-282 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION oe b - OF MOTOR VEHICLES, 0 0 7 / 7 ae : nee ae x Petitioner, oO 7 on : eee vs. : License No.: VI-27726 EXPERT AUTO, INC. 1221 South Dixie Highway Pompano Beach, Florida 33060, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Highway Safety and Motor Vehicles, pursuant to Rules 15-2.001 and 28-107.004, Florida Administrative Code, and Sections 120.60, and 320.27, Florida Statutes, notifies the Respondent that, unless an administrative proceeding is timely requested as stated below, the Department will suspend or revoke Respondent’s independent motor vehicle dealer license. I SPECIFIC FACTS In issuing this Administrative Complaint, the Department relies on the following facts: 1. Respondent, Expert Auto, Inc., holds an independent motor vehicle dealer license, number VI-27726, issued by the department pursuant to section 320.27, Florida Statutes. ~The address of the license is 1221 South Dixie Highway, Pompano Beach, Florida, 33060. 2. - On or about September 27, 1999, Respondent submitted an application t to ~ Petitioner for licensure as an .n independent motor 1 vehicle dealer. In part. the application responded to a question regarding whether the applicant, any parttier, or any corporate officer or director had been arrested on a felony or equivalent charge anywhere. The question was answered in the negative. The application was signed by Marc DeGuicieis, President, on , September 16, 1999. previous arrests; Petitioner issued a license to Respondent on or about ber 8, 1999. 4. - Results of a fingerprint check and background investigation revealed that : Mahommed A. Ghanem, aka Mike and a.k.a. Hamody was arrested ona sealed indictment bya . Grand Jury in the United States District Court for the Southern District of Florida in 1995 and charged with a scheme and artifice to defraud for the purpose of obtaining money and property " by false and fraudulent pretenses and promises and causing same to be transmitted in interstate and Florida commerce by means of wire communications, constituting violation of Federal wire : "fraud statute. These charges were subsequently dismissed on August 30, 1996. : » charges were filed in the Seventeenth Judicial Circuit i in and for Broward County, Florida, charging Mohammed Ali Ghanem, among others, with RICO, “organized fraud, grand theft, insurance fraud, and cheating, Upon dismissal of the federal charges the state charges were revised. ® 3. ~ “Tn reliance on the application and the answers to the questions regarding _ ep Po ORR RISES ee per Cc 6. On October 9, 1996, the revised charges were ° filed i in the Seventeenth J udicial ( Circuit Court in and for Broward County, Florida, charging Mohammed Ali Ghanem and others with a total of 66 counts of RICO, insurance fraud, grand ‘theft, cheating, and tampering with physical evidence. These charges ¢ are still pending. STATUTES AND RULES VIOLATED The above facts constitute violations of the following statutes and rules administered by the department: 1. Section 320.27(9)(b), Florida Statutes — commission of fraud or willful misrepresentation in making an application for or in obtaining a license. ; Il ADMINISTRATIVE PROCEEDING Respondent has the right to request an administrative proceeding to be conducted in accordance with Sections 120.569, 120.57 and 120.60, Florida Statutes, to be represented by counsel or other qualified representative, to take testimony, to call and cross-examine witnesses and have subpoena and subpoena duces tecum issued on its behalf if it requests a proceeding. Pursuant to Section 120.60, Florida Statutes - Respondent is given twenty-one (21) days notice by certified mail receipt of this action. Unless a request for an administrative proceeding is received in in writing at the address listed below on or before the twenty-first (ist) day following the service e of this complaint, this complaint will be deemed admitted by default and such dealer will have its license suspended or revoked according to 0 the ellegations stated above. Request for an administrative proceeding shall be sent by certified mail to the Department at: Mr. William T. Joyce, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399 The request shall include: 1. The name and address of the party making the request, for the purpose of Regional Administrator service. 2. A statement that the party is requesting either a formal or informal proceeding. 3. A reference to this Administrative Complaint, dated this wa day of March, 2000. Pursuant to Section 120.573, Florida Statutes, mediation is not available for this proceeding. : lL f bran J : Ne Utee WILLIAM T. JOYCE, DIRECTOR Division of Motor Vehicles © Department of Highway Safety and ° Motor Vehicles Neil Kirkman Building, Room B439 Tallahassee, Florida 32399 -. Filed in the official records of the | Division of Motor Vehicles | this 26 day of March, 2000. } WTI;jc | i Copies furnished: | Richard Owens ! ot Erwin Robcke Assistant Bureau Chief Dealer License Section By certified mail to: Expert Auto, Inc. 1221 South Dixie Highway Pompano Beach, Florida 33060 C:/jennifer/legal/complaints/Expert eo eee eger rec qrenrege cept eg ‘ t

Docket for Case No: 00-001726