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Tuff car dealer times puts good friend behind bars!

H

Himark

Free Member
Hate to say it but yes he broke the law. When you read it it looks black and white but for any business owners or for the matter car dealers its easy to get behind the 8 ball and have sold units that are still floored. I talked to Chance just before he went to court and he was under the understanding the plea was for probation. They blind sided him with 3 1/2 to 7 years as the judge says "sending a message"
http://www.journalstar.com/news/loc...cle_78258ec4-c410-11de-907e-001cc4c002e0.html
 
Himark said:
Hate to say it but yes he broke the law. When you read it it looks black and white but for any business owners or for the matter car dealers its easy to get behind the 8 ball and have sold units that are still floored. I talked to Chance just before he went to court and he was under the understanding the plea was for probation. They blind sided him with 3 1/2 to 7 years as the judge says "sending a message"
http://www.journalstar.com/news/loc...cle_78258ec4-c410-11de-907e-001cc4c002e0.html
Click to expand...

You're right, the article makes it sound pretty black and white. Those are some pretty heavy charges. BUT, if you have some insight as to why it isn't so cut and dried, can you shed some light. As the previous poster said, I don't have a lot of sympathy based on the article. "sold units that are still floored" means what, exactly? I'm not a business owner, nor a car dealer, so what does that mean?

Darrin
 
dealer sold the cars and never paid the manufacture. manufacture thinks they are still on the lot
 
bigdarrin said:
You're right, the article makes it sound pretty black and white. Those are some pretty heavy charges. BUT, if you have some insight as to why it isn't so cut and dried, can you shed some light. As the previous poster said, I don't have a lot of sympathy based on the article. "sold units that are still floored" means what, exactly? I'm not a business owner, nor a car dealer, so what does that mean?

Darrin
Click to expand...

Blu Du said:
dealer sold the cars and never paid the manufacture. manufacture thinks they are still on the lot
Click to expand...

Sort of, but not quite. The titles for the vehicles were held by the dealer's bank. The dealer committed fraud by requesting new titles and claiming the originals were lost. The dealer can't sell the vehicle without the title, and the only way for him to transfer the title legally is to pay out the current lien holder on it, which is the bank. I'm guessing he owed more on the vehicles than he could possibly sell them for, owed money elsewhere for payroll, taxes, etc., so he fraudulently requested the new titles to bypass having to pay the liens. Big no-no. Some people are too proud to admit defeat and declare bankruptcy. I feel for this guy in a way, but this wasn't the way to go about it. He's paying for it now.
 
Wasn't there a dealership out by Chadron or Scottsbluff NE last year where police were looking for the owner, business manager and general manager? I think they did something similar sellling a bunch of cars and then reporting them stolen, got the insurance check and bailed before anyone could ask questions.
 
Sounds like he got what he deserved. It's easy to think "he wasn't hurting anyone" or however you want to justify it, but this is just theft on a large scale. If someone stole your truck, sled, boat, and all your tools, would you be ok with them getting probation?
 
More info that they do not tell you is, He owed alot more than 73k. The bank mis appropriated a curtailment payment which led to the discovery of the missing vehicles. Chance met with the bank and said he would get them paid back. The bank agreed and set forth a plan with him to recover there loss. They agreed to keep him going and still borrow him money with a eagle eye on each deal and its (profit which all went to bank) plus he sold his buildings, lifts equipment and got down to where he had nothing more to give the bank and the bank realized there position and renigged on there arrangement with him paying them back and said "we want the rest in 24 hours or" and you know the rest of the story. If he didnt have a thread of honesty he wouldnt of attempted to resolve the situation with the bank and would of let them hang. He never screwed one retail person and he made sure they got there titles or vehicles, he did however hang the bank in the process.
 
Himark said:
More info that they do not tell you is, He owed alot more than 73k. The bank mis appropriated a curtailment payment which led to the discovery of the missing vehicles. Chance met with the bank and said he would get them paid back. The bank agreed and set forth a plan with him to recover there loss. They agreed to keep him going and still borrow him money with a eagle eye on each deal and its (profit which all went to bank) plus he sold his buildings, lifts equipment and got down to where he had nothing more to give the bank and the bank realized there position and renigged on there arrangement with him paying them back and said "we want the rest in 24 hours or" and you know the rest of the story. If he didnt have a thread of honesty he wouldnt of attempted to resolve the situation with the bank and would of let them hang. He never screwed one retail person and he made sure they got there titles or vehicles, he did however hang the bank in the process.
Click to expand...


Did he get any of that in writing? If not, BIG MISTAKE. Sounds like he knew what he was doing and what he did was wrong. 32 years old, yeah, might be a nice guy, like a lot of people, struggling to make ends meat, but you have to pay the piper if you decide to cut corners.

Did his attorney get the probation in writing from the prosecutor?
 
Himark said:
More info that they do not tell you is, He owed alot more than 73k.


----, he did however hang the bank in the process.
Click to expand...

From what I can see --- he committed a $73k FRAUD which is definitely a crime that deserves punishment...... but bank's loss on business dealings is NOT necissarily a crime .... it is bad business on their part. How many people that tossed their house keys on a bank managers desk have gone to jail?

The 'message' the judge thinks he's sending is ridiculous in my opinion. Say it costs $70k/yr to
keep someone in jail (I suspect it's a lot more than this)...... and let's say this guy spends the minimum sentence in jail.

How smart is it to spend $245k on a guy that committed a $73k crime?
 
Last edited:
ruffryder said:
Tell you what, you tell me what the limits should be, and I will come to your house and steal just below that limit. Sound good?
Click to expand...

Do you think the bank would rather see the guy in jail for 3.5 - 7 yrs. with absolutely zero chance of getting their money back or would they rather see 'some' serious punishment and a chance seeing some of this money back with a forced re-payment.
It sounds to me like this was on OK guy and f'd up seriously (see Himark's comments) . Do you think 7 yrs. in jail will leave him with a normal (hopefully productive) life? .... where he can get into a position to make re-payment.

I'm not saying he doesn't deserve some serious 'time' as punishment --- but from what I've seen in life "making an example" rarely works.
 
Too bad they don't make examples of rapists and child molesters. Often times they get sentenced in this range, or get lesser sentences than this. :face-icon-small-con
 
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