UW YP ile DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES. DIVISON OF MOTOR VEHICLES = AQ)M/4, ST Woe CASE NO. DMV-00-403 HEAR IR AIVE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, Petitioner, vs. License No.: VI-14842 INTERNATIONAL TRADE COMPANY OF JAX, INC. d/b/a Union Auto Credit, Inc. 6200 Arlington Expressway, #A Jacksonville, Florida 32211, 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 fine, 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, International Trade Company of Jax, Inc. d/b/a Union Auto Credit, Inc., holds an independent motor vehicles dealer license, number VI-14842, issued by the WU - Ne, department pursuant to section 320.27, Florida Statutes. The licensed place of business is 6200 Arlington Expressway, #A, Jacksonville, Florida 32211. 2. An initial license was issued to Ahmed S. Neenia d/b/a International Trade Company, a sole ownership, on April 23, 1988. On April 18, 1990 the dealership was incorporated and a license was issued in the name of International Trade Co. of Jax., Inc. A fictitious name was added on January 10, 1995 and license was issued in the name of International Trade Co. of Jax., Inc. d/b/a I.T.C. Auto Sales. On April 19, 1999, a second fictitious trade name was added and a license was issued in the name of International Trade Co.- of Jax., Inc. d/b/a I.T.C. Auto Sales to include d/b/a Union Auto Credit, Inc. On May 13, 2000, the license was modified to include only one fictitious name by dropping I.T.C. Auto Sales as a fictitious name. The license currently reads International Trade Co. of Jax., Inc. d/b/a Union Auto Credit, Inc. 3. The initial 1988 license was held in the name of Ahmed s. Neenia d/b/a International Trade Company. When the dealership was incorporated on April 18, 1990, Ahmed S. Neenia was listed as the president and sole corporate officer of the dealership. On or about April 9, 1996, a renewal application was filed by Respondent with Petitioner indicating a change of location. At that same time a corporate update was completed in which Sami S. Ninya was listed as vice-president of Respondent. 4. On April 10, 1998, a compliant was filed with Petitioner by a licensed motor vehicle dealer, Auto World of St. Augustine. The complaining dealer had purchased a 1991 Mercury, VIN¢ 2MECM75F2MX647206, from Respondent through the Adessa Auto Auction in Jacksonville, on October 2, 1997. The vehicle purchased had a Florida title with no salvage brand. Upon attempting to sell the vehicle, and after further inquiry, it was determined that the vehicle had been issued a Georgia salvage title before it was sold to Respondent by Sadisco of Georgia (a salvage auction),on March 12, 1997. A review of the title history (a.k.a. body file) verified that the vehicle was sold by Respondent to William Claxton, an employee of Respondent. An application for title was processed under the repair and storage law using the name of a repair shop owned by Ahmed Neenia, the same person who owns Respondent. A clean title with no brand was issued on May 8, 1997, and signed back over to Respondent by William Claxton on May 12, 1997. 5. On March 23, 2000, while interviewing Gary Craig, owner of a title service, concerning his activities involving another dealership, it was learned that Mr. Craig uses the towing and storage procedure to process salvage vehicle titles purchased out-of-state in order to obtain clean Florida titles for Respondent. Mr. Craig received the vehicle identification numbers for the vehicles that Respondent wanted titled. He rarely saw any other documentation for the vehicles other than the tow slip however, Mr. Craig was authorized by Respondent to sign all documentation on behalf of Respondent. 6. On December 29, 1999, Respondent purchased a 1995 Acura Integra, VIN # JH4DB7665$8002218, ona flood damaged salvage title from Sadisco of Georgia. The vehicle was sold on behalf of Progressive Insurance Company. An examination of the title history disclosed that Gary Craig, title service, used the towing and storage procedure to obtain a Florida title in the name of Respondent, with no brand. Mr. Craig was authorized to sign all documents for Respondent.. Included in the documents used to process this application were a falsified repair order and a good faith letter directed to the J acksonville Sheriffs Office for notice of Lv>) claim and lien and proposed sale of the vehicle. This latter document was never received by nor processed by the Jacksonville Sheriffs Office. The document was dated November 11, 1999, six week before Respondent actually purchased the vehicle from Sadisco of Georgia. Also, included in the documents was a notice dated November 13, 1999, advertising the vehicle for public sale in a newspaper of general circulation called the Daily Record. The vehicle was never advertised for public sale in accordance with statutory requirements on that date (six weeks before Respondent purchased the vehicle) or on any date. Mr. Craig claimed also that he submitted a vehicle owner information request form to the Jacksonville Sheriff's Office dated December 1, 1999. The form was allegedly signed by patrol officer R. Davis of the Jacksonville Sheriff's Office. The Jacksonville Sheriffs Office never received such a request and Mr. Craig acknowledged that he signed the name R. Davis on this form. Other documents submitted in support of this transaction included a sales tax exemption affidavit for Respondent dated December 30, 1999, and an affidavit for sale by a towing service declaring the vehicle sold for $300 for towing and storage fees from November 11, 1999 through | January 3, 2000. This latter form was dated December 30, 1999, only one day after the vehicle was purchased from the salvage auction. Craig ran a computer check of Florida motor vehicle records to ascertain if the vehicle was titled in this state knowing full well that it was titled on a Georgia salvage title. The file included an invoice for $300 for the towing and storage fee, dated January 3, 2000; a bill of sale from Respondent selling the vehicle to itself dated January 3, 2000; and the application forms for a used original clean Florida title with no brand reflected. These documents show the vehicle was sold for $300 when in fact Respondent purchased it at salvage auction for $4,225. Respondent sold the vehicle through the Orlando-Sanford Vehicle Auction. It was purchased by Orlando Auto Specialist, a licensed dealer, on March 9, 2000, and was subsequently sold to Jerell Michael Blemenn and Shawn Lawrence Letang by that dealership. 7 On December 14, 1999, a Georgia water damaged salvage title was issued to Allstate Insurance Company on a 1996 Pontiac, VIN# 1G2NE52T6TC796630. Sadisco of Georgia subsequently sold the vehicle to Respondent on December 29, 1999. The Georgia salvage title was discovered in the possession of Gary Craig, title service, with the salvage brand in the center of the title marked out with a black marker. Review of the title history showed that Gary Craig, title service, used the towing and storage procedure to obtain a Florida title in Respondent’s name with no brand. Mr. Craig was authorized by Respondent to sign all documents on behalf of Respondent. Included in the documents were a falsified repair order dated November 11, 1999, (five weeks before the vehicle was purchased at the salvage auction) and a good faith letter to the Jacksonville Sheriff's Office for notice of claim of lien and proposed sale of the vehicle, dated November 11, 1999 (five weeks before the vehicle was purchased at the salvage auction). The Jacksonville Sheriff's’ Office never received this latter document for processing. Also included in the documents was a notice dated November 13, 1999, advertising the vehicle for public sale in a newspaper called the Daily Record. The vehicle was never advertised in that newspaper on that date or any date. The documents submitted were falsified and the alleged advertisement date was five weeks before the vehicle was ever purchased from the salvage auction. A falsified affidavit of sale by a towing service declaring the vehicle sold for $300 for towing and storage from November 11, 1999 through January 3, 2000 was also included with the documents, along with a Bill of Sale dated January 3, 2000 indicating the vehicle was sold from Respondent to Respondent, and a sales tax exemption affidavit, also dated January 3, 2000. | i The title history file included a vehicle owner information request form from Gary Craig to the Jacksonville Sheriff's Office dated January 3, 2000. The Jacksonville Sheriffs Office has no record of this document ever being submitted. Mr. Craig signed the name of the receiving and checking patrol officer, R. Davis. Craig also ran acomputer check of the Florida motor vehicle records to ascertain if the vehicle was titled or registered in Florida knowing all the while that it was titled in Georgia on a salvage title. The body file also included the applications for title and registration and a printout showing that the vehicle was titled to Respondent on January 5, 2000, as an original, used, with no previous title state. The towing and storage lien title application reflects the vehicle was sold for $300 when, in fact, Respondent originally purchased the salvage for $2,875. 8. On August 2, 1999, State Farm Insurance Company had a Georgia flood damaged salvage title issued on a 1993 Honda Accord, VIN# JHMCB7658PC060781. The vehicle was sold to Respondent by Sadisco of Georgia on August 25, 1999. Review of the title history showed that Gary Craig, title service, used the towing and storage procedure to obtain a Florida title in Respondent’s name, with no brand. Mr. Craig was authorized to sign all documentation on behalf of Respondent, which included the creation of many documents that were not genuine. These included a falsified repair order dated June 3, 1999 (almost three months prior to the vehicle being purchased by Respondent). Mr. Craig also issued a good faith letter dated June 30, 1999 to the Jacksonville Sheriff's Office for notice of claim of lien and proposed sale dated June 30, 1999, two months before the vehicle was purchased from the salvage auction. This letter was never received by the Jacksonville Sheriff's Office. The body file also included a notice in the Daily Record dated July 20, 1999, advertising a public sale of the vehicle. No such advertisement was ever requested or published in the newspaper. A vehicle J UY owner information request form from Gary Craig to the Jacksonville Sheriff’s Office on June 30, 1999, was part of the title history. The Jacksonville Sheriff's Office never received this document. Mr. Craig signed the name of the patrol officer who allegedly processed the document, R. Davis. An affidavit of sale by a towing service declaring the vehicle sold for $450 for towing and storage fees from June 30, 1999, through August 17, 1999, and dated August 17, 1999, was also included. The date the document was signed was one week before the vehicle was actually purchased by Respondent from the salvage auction in Georgia. Craig also obtained a computer check of Florida's motor vehicle records to ascertain whether the vehicle was titled or registered in Florida knowing full well that it had a Georgia salvage title. Included in the body file was a bill of sale dated August 17, 1999, showing a sale of the vehicle from Respondent to itself. This was dated a week before the vehicle was purchased at salvage auction. The application for title in the name of Respondent was falsified indicating the previous state of issuance was unknown and a clean Florida title was issued in the name of Respondent on August 18, 1999, a week before the vehicle was purchased by Respondent from the salvage auction. The documents indicated that the vehicle was sold by Respondent to Respondent under a towing and storage lien for $450 In fact, the vehicle was purchased by Respondent at salvage auction for , _ $4,125. 9. On August 24, 1999, a Georgia flood damaged salvage title was issued to Allstate Insurance Co. on a 1995 Pontiac, VIN# 1G2NE55D7SM570805. Sadisco of Georgia sold the vehicle to Respondent on September 8, 1999. Garry Craig, title service, used the towing and storage procedure to obtain a Florida title in Respondent's name, with no brand. Mr. Craig was authorized to sign all documentation on behalf of Respondent, which included the creation * of many documents that were not genuine. These included a falsified repair order dated June 25, wn eS 1999, more than two months prior to the date Respondent purchased the vehicle, and a good faith letter dated June 25, 1999, directed to the Jacksonville Sheriff's Office for notice of claim of lien and proposed sale of the vehicle. This latter document was never received or processed by the Jacksonville Sheriff's Office. Respondent also falsified an advertisement notice of public sale that allegedly appeared in the Daily Record, a newspaper of general circulation, on July 8, 1999. This date was two months prior to the date Respondent purchased the vehicle and the advertisement was not run in that newspaper on that date or on any other date. Another falsified document created by Gary Craig on behalf of Respondent was a vehicle owner information request directed to the Jacksonville Sheriff's Office dated August 24, 1999. This document was not received or processed by the Jacksonville Sheriff's Office. A computer check of Florida motor vehicle records was conducted by Mr. Craig knowing full well that the vehicle was titled on a Georgia salvage title and would not appear as being titled or registered in Florida. . . The body file also contained other falsified documents including: an invoice for towing and storage fees dated August 24, 1999; an affidavit for sale by a towing service declaring the vehicle sold for $375 towing a storage fee from June 25, 990g to August 24, 1999; a bill of sale from Respondent dated August 24, 1999, selling the vehicle to itself; a sales tax exemption affidavit for Respondent dated August 24,1999; and applications for title under the towing an storage process, in the name of Respondent, indicating that the previous state of title was unknown. A clean Florida title was issued showing no brands. Respondent sold the vehicle at auction to Arena Auto Sales, a licensed dealer which, in turn, sold the vehicle to John V. and Teri L. Brewington on February 10, 2000. YU ov) 10. On November 24, 1999, State Farm Insurance Company obtained a Georgia Salvage title on a 1994 Volvo, VIN# YV1JS8313R1184983. The salvage was purchased by Reliable Auto Sales of Hilton Head, South Carolina on December 15, 1999, which in turn sold the salvage to Respondent on January 12, 2000. Gary Craig, title service, acting with authorization from and on behalf of Respondent, used the towing and storage procedure to obtain aclean Florida title in Respondent's name, showing no brands. Falsified documents created by Gary Craig included a repair order and a good faith letter for notice of claim of lien and proposed sale of the vehicle, dated January 3,2000, directed to the Jacksonville Sheriff's Office. This latter document was never received or processed by the Jacksonville Sheriff's Office. Craig created a notice advertising the vehicle for public sale to appear in the Daily Record, a newspaper of general circulation, dated January 3, 2000. The advertisement was never submitted to or published in that newspaper. Mr. Craig, on behalf of Respondent, also created a vehicle owner information request directed to the Jacksonville Sheriffs Office. This document was never received or processed by the Jacksonville Sheriff's Office. A computer check of Florida motor vehicle records was conducted on February 8, 2000, knowing full well that the vehicle was on a Georgia salvage title and would not appear as a vehicle titled or registered in Florida. An invoice for towing and storage fees was also produced. This form was dated February 9, 2000 and accompanied a fraudulent affidavit of sale by a towing company for towing and storage fees from January 3, 2000 through February 9, 2000. The storage charges began accruing nine days before Respondent purchased the vehicle. rf if | Vo w) The file contained a bill of sale showing Respondent sold the vehicle to itself. Applications for title were submitted to Petitioner for an original used vehicle title showing no brand and indicating that the previous state of issue was unknown. Respondent sold the vehicle to an Orlando licensed dealer, Motor Car Concepts II, which in turn sold it to Tanya Silva. , 11. On March 22, 2000, Respondent purchased a 1994 Chevrolet Blazer, VIN# 1GNCS13W1R2170616, from Sadisco of Georgia on a Georgia salvage title. On April 4, 2000, Respondent , telephoned Petitioner inquiring about obtaining a clean Florida title in Respondent's name using the Georgia salvage title. Documents were faxed from Respondent to the regional office of Petitioner. Respondent claimed that the vehicle was a recovered theft with no damage. Among the documents faxed was a form letter from the insurance company, GCU ae) Southeast, indicating that the serial plate was intact on the vehicle but the block indicating that the vehicle was recovered intact and sustained no damage was not checked. The request was rejected and Respondent was advised to obtain a rebuilt title. The following day, April 5, 2000, the identical form letter from the insurance company was presented to the Baker County Tax Collector's Office with an application for a clean Florida title in Respondent's name. The copy submitted to the tax collector had the box checked indicating the vehicle had been recovered intact and sustained no damage. The insurance company confirmed, in a telephone conversation and in documents faxed to Petitioner, that the vehicle was a borderline total loss. Estimated damages totaled $6,825.86. The application for title was rejected by the tax collector's office. 12 On November 19, 1999, Respondent purchased a 1997 Chevrolet VIN# 2G1FP22K1V2 1b 902, from Sadisco of Georgia on a Georgia Salvage title that had been issued to State Farm Insurance Company. Cary Craig, title service, acting with authorization from and 10 / W 1) on behalf of Respondent, used the towing and storage procedure to_obtain a clean Florida title to the vehicle in Respondent's name, slowing no brands. Falsified documents created by Gary "Craig included a repair order dated October 23, 1999, five weeks before the vehicle was purchased from the salvage auction; a good faith letter for notice of claim of lien and proposed sale of the vehicle, dated October 13, 1999, directed to the Jacksonville Sheriff's Office, which was never received or processed by the Jacksonville Sheriff's Office; and a falsified notice advertising the vehicle for public sale to appear in the Daily Record, a newspaper of general circulation, also dated October 13, 1999, more than six weeks before the vehicle was purchased by Respondent. The advertisement was never submitted to or published in that newspaper. Mr. Craig, on behalf of Respondent, also created a vehicle owner information request directed to the Jacksonville Sheriff's Office. This document was never received or processed by the Jacksonville Sheriffs Office. An invoice for towing and storage fees was also produced along with a bill of sale from Respondent selling the vehicle to itself. These were accompanied by an affidavit of sale by a towing service declaring the vehicle sold for $425 for towing and storage from October 13, 1999 through November 23, 1999. This latter date is only four days after the actual date the vehicle was purchased by Respondent. Application for title was processed in the name of Respondent as a used car original title showing no brands. Respondent did not provide records on this transaction as requested by representatives of Petitioner. 13. On August 24, 1999, a Georgia flood damaged salvage title was issued to Georgia Farm Bureau on a 1993 Mazda, VIN# 1YVGE22A8P5245556. Respondent purchased the vehicle through Sadisco of Georgia on September Ts Gary Craig, title service, acting with authorization from and on behalf of Respondent, used the towing and storage procedure to 11 VY VU obtain a clean Florida title to the vehicle in Respondent's name, showing no brands. Falsified documents created by Gary Craig included a repair order dated August 25, 1999, three weeks prior to the date Respondent purchased the vehicle from the Sadisco salvage auction; a good faith letter for notice of claim of lien and proposed sale of the vehicle, also dated August 25, a 1999, directed to the Jacksonville Sheriff's Office, which was never received or processed by the Jacksonville Sheriff's Office; and a falsified notice advertising the vehicle for public sale to appear in the Daily Record, a newspaper of general circulation, dated September 8, 1999, nine days before the vehicle was purchased by Respondent. The advertisement was never submitted to or published in the newspaper. Mr. Craig, on behalf of Respondent, also created a vehicle owner information request directed to the Jacksonville Sheriff's Office. This document was never received or processed by the Jacksonville Sheriff's Office. An invoice for towing and storage fees was also produced by Mr. Craig along with a bill of sale from Respondent selling the vehicle to itself. These were accompanied by an affidavit of sale by a towing service declaring the vehicle sold for towing and storage fees from August 25, 1999 through October 5, 1999. Craig also ran a computer check of Florida motor vehicle records knowing full well that the vehicle would not be on the Florida database since it had been issued a Georgia salvage title. A sales tax exemption affidavit was also created for this falsified file. The manually prepared and computer generated applications for title indicated that the previous state of title issuance was unknown. As a result, a clean used car original Florida title, showing no brands, was issued to Respondent on October 6, 1999. " Respondent did not provide records on this transaction as requested by representatives of Petitioner. 12 Y U 14. On October 1, 1999, Respondent purchased a 1993 Chevrolet, VIN# 2G1WLS54T9P1151641, with a Georgia flood damaged salvage title from Sadisco of Georgia. A salvage vehicle auction. Gary Craig, title service, acting with authorization from and on behalf of Respondent, used the towing and storage procedure to obtain a clean Florida title to the vehicle in Respondent's name, showing no brands. Falsified documents created by Gary Craig included a repair order dated August 25, 1999, five weeks prior to the date Respondent purchased the vehicle from Sadisco salvage auction; a good faith letter for notice of claim of lien and proposed sale of the vehicle, also dated August 25, 1999, directed to the Jacksonville Sheriff's Office, which was never received or processed by the Jacksonville Sheriff's Office; and a falsified notice advertising the vehicle for public sale to appear in the Daily Register, a newspaper of general circulation, dated September 8, 1999, three weeks before the vehicle was purchased by Respondent. The advertisement was never submitted to or published in the newspaper. Mr. Craig, on behalf of Respondent, also created a vehicle owner information request directed to the Jacksonville Sheriff's Office. This document was never received or processed by the Jacksonville Sheriff's Office. An invoice for towing and storage fees was also produced by Mr. Craig along with a bill of sale from Respondent selling the vehicle to itself. These were accompanied by an affidavit of sale by a towing service declaring the vehicle sold for towing and storage fees from August 25, 1999 through October 5, 1999. Craig also ran a computer check of Florida motor vehicle records knowing full well that the vehicle would not be on the Florida database since it had been issued a Georgia salvage title. A sales tax exemption affidavit was also created for this falsified file. The manually prepared and computer generated applications for title indicated that the previous state of title issuance was unknown. As a result, a clean used car original Florida title, showing no brands, was issued to Respondent on October 6, 1999. Respondent sold the vehicle through the Orlando-Sanford Auto Auction to the Car Store of Altamonte, a licensed dealer, on October 14, 1999, which in turn sold the vehicle to Christine Lynn King and Donald Eugene Hale. Title was issued to these purchasers on December 1, 1999. Respondent failed to provide records on the transactions involving this vehicle when requested by representatives of Petitioner to produce such records. 15. On August 25, 1999, A Georgia salvage title was issued to Cotton States Mutual Insurance Company on a 1993 Saturn, VIN# 1G8Z.G1579PZ148114. The vehicle was sold through the Sadisco Auction of Georgia to Respondent on October 1, 1999. Gary Craig, title service, acting with authorization from and on behalf of Respondent, used the towing and storage procedure to obtain a clean Florida title to the vehicle in Respondent's name, showing no brands. Falsified documents created by Gary Craig included a repair order dated August 25, 1999, five weeks prior to the date Respondent purchased the vehicle from Sadisco salvage auction; a good faith letter for notice of claim of lien and proposed sale of the vehicle, also dated August 25, 1999, directed to the Jacksonville Sheriffs Office, which was never received or processed by the Jacksonville Sheriff's Office; and a falsified notice advertising the vehicle for public sale to appear in the Daily ‘sed newspaper of general circulation, dated September 8, 1999, three weeks before the vehicle was purchased by Respondent. The advertisement was never submitted to or published in the newspaper. Mr. Craig, on behalf of Respondent, also created a vehicle owner information request directed to the Jacksonville Sheriff's Office, dated August 25, 1999. This document was never received or processed by the Jacksonville Sheriff's Office. An invoice for towing and storage fees, dated 14 YU VY October 5, 1999, was also created by Mr. Craig along with a bill of sale from Respondent selling the vehicle to itself on October, 5, 1999. This was accompanied by an aftidavit of sale by a towing service declaring the vehicle sold for towing and storage fees from August 25, 1999 through October 5, 1999. Craig also ran a computer check of Florida motor vehicle records knowing full well that the vehicle would not be on the Florida database since it had been issued a Georgia salvage title. A sales tax exemption affidavit was also created for this falsified file. The manually prepared and computer generated applications for title indicated that the previous state of title issuance was unknown. As a result, a clean used car original Florida title, showing no brands, was issued to Respondent on October 7, 1999. Respondent did not provide records on the transactions involving this vehicle when requested by representatives of Petitioner to produce such records. 16. On December 3, 1999, Respondent purchased a flood damaged salvage 1994 Nissan, VIN# JN1HJO1F6RT230157, from State Farm Insurance Company through Sadisco of Georgia. Gary Craig, title service, acting with authorization from and on behalf of Respondent, used the towing and storage procedure to obtain a clean Florida title to the vehicle in Respondent's name, showing no brands. Falsified documents created by Gary Craig included a repair order dated October 10, 1999, six weeks prior to the date Respondent purchased the vehicle from Sadisco salvage auction; a good faith letter for notice of claim of lien and proposed sale of the vehicle, dated October 15, 1999, directed to the Jacksonville Sheriff's Office, which was never received or processed by the Jacksonville Sheriff's Office; and a falsified notice advertising the vehicle for public sale to appear in the Daily oo, newspaper of general circulation, dated November 9, 1999, three weeks before the vehicle was purchased by Respondent. The advertisement was never submitted to or published in the newspaper. We ww Mr. Craig, on behalf of Respondent, also created a vehicle owner information request directed to the Jacksonville Sheriff's Office. This document was never received or processed by the Jacksonville Sheriff's Office. Mr. Craig also created a bill of sale from Respondent selling the vehicle to itself on December 9, 1999. This was accompanied by an affidavit of sale by a towing service declaring the vehicle sold for towing and storage fees from October 10, 1999 through December 9, 1999. Craig also ran a computer check of Florida motor vehicle records knowing full well that the vehicle would not be on the Florida database since it had been issued a Georgia salvage title. A sales tax exemption affidavit was also created for this falsified file. The manually prepared and computer generated applications for title indicated that the previous state of title issuance was unknown. As a result, a clean used car original Florida title, showing no brands, was issued to Respondent on December 10, 1999. Respondent did not provide records on the transactions involving this vehicle when requested by representatives of Petitioner to produce such records. 17. On June 25, 1999, Respondent purchased a 1987 Chevrolet, VIN# 1G1BU51H1HX162441, through Sadisco of Georgia on a salvage title obtained by Horace Mann Insurance. Gary Craig, title service, acting with authorization from and on behalf of Respondent, used the towing and storage procedure to obtain a clean Florida title to the vehicle in Respondent's name, showing no brands. Falsified documents created by Gary Craig included a repair order dated January 2, 1999, six months weeks prior to the date Respondent purchased the vehicle from Sadisco salvage auction; a good faith letter for notice of claim of lien and proposed sale of the vehicle, dated April 1, 1999, directed to the Jacksonville Sheriff's Office, which was never received or processed by the Jacksonville Sheriff's Office; and @ falsified notice advertising the vehicle for public sale to appear in the Daily Register a newspaper of general 16 a U circulation, dated April 2, 1999, two and one half months before the vehicle was purchased by Respondent. The advertisement was never submitted to or published in the newspaper. Mr. Craig, on behalf of Respondent, also created a vehicle owner information request directed to the Ji acksonville Sheriff's Office, dated April 23, 1999. This document was never received or processed by the Jacksonville Sheriff's Office. Mr. Craig also created a bill of sale from Respondent selling the vehicle to itself on April 23, 1999. This was accompanied by an affidavit of sale by a towing service declaring the vehicle sold for towing and storage fees from January 2, 1999 through April 23, 1999. Craig also ran a computer check of Florida motor vehicle records knowing full well that the vehicle would not be on the Florida database since it had been issued a Georgia salvage title. A sales tax exemption affidavit was also created for this falsified file. also dated April 23, 1999. The manually prepared and computer generated applications for title indicated that the previous state of title issuance was unknown. As a result, a clean used car original Florida title, showing no brands, was issued to Respondent on July 30, 1999. Respondent sold the vehicle to Tennille Lester on September 28, 1999. Title was issued in the purchaser's name on October 4, 1999 . Respondent did not provide records on the transactions involving this vehicle when requested by representatives of Petitioner to produce such records. . 18. On February 18, 2000, Respondent purchased a 1991 Oldsmobile, VIN# \GHDT13Z2M2710000, from State Farm Insurance Company through Sadisco of Georgia for $1130. The sale was accomplished on a bill of sale not accompanied by a certificate of title. The Georgia title had been cancelled to the state of Georgia along with a letter stating the vehicle could be sold for "parts only." A copy of that letter was provided to Respondent at the time of 17 Ve U purchase. The bill of sale reflects the mileage on the odometer of the vehicle at the time of sale was 86,350 but further certified that the odometer reading was not the actual mileage. Gary Craig, title service, acting with authorization from and on behalf of Respondent, used the towing and storage procedure to obtain a clean Florida title to the vehicle.in Respondent's name, showing no brands. Falsified documents created by Gary Craig included a repair order dated January 3, 2000, six weeks prior to the date Respondent purchased the vehicle from Sadisco salvage auction; a good faith letter for notice of claim of lien and proposed sale of the vehicle, dated January 3, 2000, directed to the Jacksonville Sheriff's Office, which was never received or processed by the Jacksonville Sheriff's Office; and a falsified notice advertising the vehicle for public sale to appear in the Daily nb, newspaper of general circulation, also dated January 3, 2000, six weeks before the vehicle was purchased by Respondent. The advertisement was never submitted to or published in the newspaper. Mr. Craig, on behalf of Respondent, also created a vehicle owner information request directed to the Jacksonville Sheriff's Office, dated January 3, 2000. This document was never received or processed by the Jacksonville Sheriff's Office. Mr. Craig also created a bill of sale from Respondent selling the vehicle to itself on February 22, 2000. This was accompanied by an affidavit of sale by a towing service declaring the vehicle sold for towing and storage fees from January 3, 2000 through February 22, 2000. Craig also ran a computer check of Florida motor vehicle records knowing full well that the vehicle would not be on the Florida database since it had been issued a Georgia salvage title which was cancelled. A sales tax exemption affidavit was also created for this falsified file, also dated February 22,2000. The manually prepared and computer generated applications for title indicated that the previous state of title issuance was unknown. As a result, a clean used car original Florida title, showing no brands, was issued to 18 Wy U Respondent on February 22, 2000, three days after Respondent purchased the salvage. The application for Florida tile indicated that the 86,350 odometer reading was actual miles. Respondent did not provide records on the transactions involving this vehicle when requested by representatives of Petitioner to produce such records. 19. . A routine inspection of Respondent's records was conducted on January 18, 2000. All but one vehicle displayed for sale were floorplanned. Respondent could not produce any indicia of ownership for that vehicle. Of fifty temporary tags purchased by Respondent on September 23, 1999, Respondent could only account for two tags. A more detailed records inspection was begun on May 8, 2000. At that time, representatives of Petitioner provided Respondent with a list of seventy-six transactions made by the dealership from 1999 to date along with lists of vehicles Respondent purchased from Sadisco and from Copart salvage auction. Respondent was also asked to account for three batches of 50 temporary tags each purchased between December 20, 1999, and March 29, 2000. Respondent was given three days to produce these records. The records inspection was commenced on May 8, 2000 with recording the VINs of eighty vehicles displayed and offered for sale. None of the vehicles had buyer's guides displayed in the windows. Titles were produced by Respondent on only eight of the vehicles displayed. Only two of the eight titles were properly assigned to Respondent and three did not contain odometer disclosures. Fourteen vehicles were floorplanned. Five vehicles belonged to individuals and were at the dealership for repair. Respondent had no indicia of ownership on the remaining 53 vehicles displayed at the dealership. 19 WY rw) Respondent produced partial records on fourteen of the 76 retail transactions during 1999 and the first part of 2000. Respondent did not produce or did not have records on the other sixty- two transactions. After stalling for several weeks, Respondent produced temporary tag records on May 22, 2000. Of the 150 temporary tags about which information was requested, Respondent could not account for forty tags. Il STATUTES AND RULES VIOLATED The above facts constitute violations of the following statutes and rules administered by the department: 1. Section 319.14(2), Florida Statutes - failure to notify a prospective . purchaser, in writing, prior to consummating a sale, that a vehicle is rebuilt. 2. Section 319.225(4), Florida Statutes - failure to complete an odometer disclosure statement upon transfer or reassignment of a certificate of title. 3. Section 319.33(1)(e), Florida Statutes - commission of fraud in applications for certificates of title. 4. Section 319.35 (1)(b), Florida Statutes - knowingly providing false information on odometer readings required pursuant to making application for title and registration. . 5. — Section 320.27(3), Florida Statutes - failure to produce records requested under reasonable conditions by representatives of the department. 6. Section 320.27(6), Florida Statutes - Failure to maintain records required to be kept. 20 YW VU. 7. Section 320.27(7), Florida Statutes - failure to have a duly assigned certificate of title or other indicia of ownership in possession of a dealership from the time of acquiring a vehicle until the time of disposing of the vehicle. 8. Section 320.27(9)(a), Florida Statutes - violation of any other law of the state having to do with dealing in motor vehicles by violating the provisions of section 713.78, F.S., and failure to display used car buyer's guides on vehicles offered for sale in violation of 15 U.S.C. 2304 and 16 C.F.R. part455. 9. Section 320.27(9)(c), Florida Statutes - perpetration of fraud as a result of dealing in motor vehicles. 10. Section 713.78, Florida Statutes - misuse and abuse of the towing and storage law. 11. Rule 15C-1.004(3), Florida Administrative Code - failure to maintain records of temporary tags purchased and issued for a period of three years after the date of issuance. 12. Rule 15C-7.002, Florida Administrative Code - failure to maintain records and failure to have indicia of ownership in possession of the dealership from the time of acquiring a vehicle until the time of disposing of the vehicle. Il ADMINISTRATIVE PROCEEDING Respondent has the right to request an administrative proceeding to be conducted in accordance with Section 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to take testimony, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued on its behalf if it requests a proceeding. 21 on rw) Pursuant to Section 120.60, Florida Statutes, Respondent is given twenty-one (21) days notice by certified mail reccipt of this action. Unless a request for an administrative proceeding is received in writing at the address listed below on or before the twenty-first (21) day following the service of this complaint, this complaint will be deemed admitted by default and such dealer -will have its license fined, suspended or revoked according to the allegations 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, RoomB-439, MS 60 Tallahassee, Florida 32399 The request shall include: 1. The name and address of the party making the request, for purpose of service. 2. A statement specifying whether the party is requesting either a formal or informal proceeding, 3. . Areference to this Administrative Complaint, by number, dated this oF z# of July, 2000. Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439 Tallahassee, Florida 32399 22 WTJ/nce Copies furnished: Nadine Allain Regional Administrator Ruth Umberger Assistant Bureau Chief Michael J. Alderman Assistant General Counsel Dealer License Section By certified mail to: International Trade Co. of Jax., Inc. d/b/a/ Union Auto Credit, Inc. 6200 Arlington Expressway #A Jacksonville, Florida 32211 International Trade Co. of Jax., Inc. d/b/a/ Union Auto Credit, Inc. P.O. Box 19618 Jacksonville, Florida 32245 Acneil/Neenia 23 LS) Filed in the official records of the Division of Motor Vehicles ‘This VY Aday of July, 2000.

Docket for Case No: 00-003776