CA: New criminal cases filed

[Morgester]

As this forum is aware, a kit car or replica vehicle can only be registered in California as a Specially Constructed Vehicle (SPCN). A kit car or replica vehicle that has been titled as the year that it replicates (i.e. 1965 Ford) is considered to be fraudulently titled and the individual submitting the title documents to DMV has committed fraud and perjury by misrepresenting the year of manufacture.

Today the California Attorney General’s office has filed two criminal complaints. The first complaint alleges that Billy Blair / B2 Design Group sold replica 1932 Ford roadsters and provided fraudulent and untruthful registration documents to the California Department of Motor Vehicles in order to procure ownership titles for vehicles without legitimate documentation and allowing these vehicles to evade the vehicle requirements for smog testing by misrepresenting the year of manufacture. The complaint alleges felony violations of Vehicle Code sections 10752 (sale of counterfeit VIN) and 4463(A) (offering false instruments) and Penal Code section 115 (perjury by declaration).

The second complaint alleges that Armand Caprio / California Cobras with the assistance of Elauna Daire Rhea Boren provided fraudulent and untruthful registration documents to the California Department of Motor Vehicles in order to procure ownership titles for replica cobras without legitimate documentation allowing these vehicles to evade the vehicle requirements for smog testing. Elauna Daire Rhea Boren also embezzled pre-paid registration and vehicle fees by significantly understating the true value of the vehicle. The complaint alleges felony violations of Vehicle Code sections 4463(A) (offering false instruments) and Penal Code sections 118 (perjury by declaration) and 530.5 (identity theft).

DMV is in the process of examining and cancelling fraudulently issued title of vehicles that relate to the above investigations.

Law enforcements goal has always been to shut down the illegal registration services. In addition to providing fraudulent registration for kit car or replica vehicles, these services wash title for lemon, salvaged, and stolen vehicles.

Even given the sometimes volatile nature of this forum, I have always tried to be open and candid regarding our investigations and prosecutions. My recommendation today is the same as it was when I first posted to this forum. You are better off correcting the registration sooner rather then later.

[Excaliber]

Wow, well it's not like we weren't warned!

Hawaii State law REQUIRES my replica Cobra to be registered as a 'street rod replica'. Make: Cobra. Year: 1965 Year FIRST SOLD: 00-00-65 Vin: ERA154 (assigned by the State and superceding any other Vin number previously associated with the car).

I would hope that anyone bringing my car into Calif for registration there would NOT be held liable for 'fraud'. As long as they were right up front with the details and legal requirements of an out of State vehicle title requirement, such as mine.

Thanks for the heads up counselor.

Billy Blair/B2 Design Group offers '32 all steel TURN KEY roadsters for
$59,500. I see TWO problems with this:
1. Turn key with engine makes them a 'automotive manufacturer', thus not in compliance with Federal law (air bags, emmissions, etc.).
2. Claiming the cars as 'real', not replicas, thus violating California law.

This information has been available for a VERY long time and is OFTEN posted and talked about here on Club Cobra. You would have to be pretty new to the replica world to have missed it!

[Bx1]

OMIGOD...this is serious. I registered my car as 1965 as per the previous owners did... I never tried to obscure anything during the reg. process and now the law insinuates I committed fraud. Incredible. Thanks for posting this info.

[jwd]

Maybe Kalifornica will pull its head out and take a clue from the other states that allow us to LEGALLY title these cars as 1965 Replicas.

[LMH]

I see the Socialists Republic of Calfornia is alive and doing well.
Thanks for the update though!
Larry

[Igofastr]

Actually, the legal method (while a PITA) has been well documented here on CC. I can't imagin anybody interested in these cars in the state of California isn't aware of the rules. It's not like they haven't been discussed ad nauseum. Via the SB100 process is THE only way to legaly register a component vehicle in this state. Any other methold is fraudulent.

I'm all for changing the system, but as it stands right how, this is how it's done.

[Excaliber]

Bx1, 34 posts, yeah, I guess you are a 'newbie', better jump right on the issue of getting things 'right'. Pull up a chair, do a search, you might want to have a box of tissues handy, it's going to get ugly...

Technically it's not an 'insuation', it's a fact!

Robert, is the amnesty program over at this time?

[ENTDOC]

I will never understand why you guys stay in that state. You probably would get an exemption if you were an illegal alien

[ZOERA-SC7XX]

CA should concentrate its efforts on real crime and let the DMV handle the registration debacle. To charge a felony for these infractions is ludicrous. CA is the most eff'd up state in the country.

[RodKnock]

Ron, I believe that SPCNS is the registration process for replicas and street rods. SB100, the 500 smog exemptions for SPCNS vehicles that are available each year, refers to one method of smog certification. The other method of smog certification is the "year of engine, smog every two years" loophole which is still available for now, but which Mr. Morgester has previously stated may be eliminated in the future.

[Igofastr]

Originally Posted by ENTDOC

I will never understand why you guys stay in that state. You probably would get an exemption if you were an illegal alien

Ha Ha!! I'd move in a heartbeat if I could get my wife to agree.

Are you in the medical profession? If so, know of any Path groups looking for a new partner?

Oh nevermind, I'm just beginning to get the hang of spanish...

[Igofastr]

Originally Posted by RodKnock

Ron, I believe that SPCNS is the registration process for replicas and street rods. SB100, the 500 smog exemptions for SPCNS vehicles that are available each year, refers to one method of smog certification. The other method of smog certification is the "year of engine, smog every two years" loophole which is still available for now, but which Mr. Morgester has previously stated may be eliminated in the future.

You are corret. SPCNS is the process in general, with SB100 sort of a specialized subgroup that has a forever smog exemption.

Hope that doesn't confuse anyone new to all of this.

[MaSnaka]

I ain't movin! I got my SB100 number pasted to my firewall. There is a process which makes it legal to drive a Cobra or Hot Rod without having to smog it. As Excaliber would say "stick a fork in it". These three being prosecuted were breaking the law for profit. Is that ok in your state? Don't be bad mouthin California from your little glass house.

John

[CNGreen]

MaSnaka you can gloat about your SB100 all you want (I have one too) but I agree 100% with ZOERA-SC7XX.

[JohnWorthing848]

I wonder how many of the Cobra Replicas and 32 Fords and such that were registered "Illegally" were done so at market value. In other words the state feels they have been screwed out of tax revenue. And if you declared the value of your $65,000 replica as a $2000 1965 Ford, you did screw the state.
BTW why did you use a title company to begin with?

If the state was smart they would do away with the 500 annual limit and let everybody line up and register there damn cars under SB100. Oh lets see... Small example, 2,000 cars at $40,000 value at 7.5% sales tax = $6,000.000.00 in taxes to the state.

Would it hurt some folks to write the check for the unpaid taxes, sure. But, you would sleep soundly knowing that your car is clean, can be registered or sold at market value.

And for you folks in other states, how do you declare the value of your car?

If you came to CA from AZ to sell me your car and showed me a title for a 1965 Ford, SO WHAT! Why should any state recognize an incorrectly titled vehicle. SPF, Kirkham, does not matter, IT IS NOT A 1965 FORD! Your title designation has ZERO effect on the value of your car! Unless you find some idiot who doesn't know any better.

I am not trying to be a jerk about this but come on! And for all of you folks who are constantly feeling sorry for us poor folks in CA, please save you sympathy for somebody who really needs it.

[jwd]

Originally Posted by MaSnaka

I ain't movin! I got my SB100 number pasted to my firewall. There is a process which makes it legal to drive a Cobra or Hot Rod without having to smog it. As Excaliber would say "stick a fork in it". These three being prosecuted were breaking the law for profit. Is that ok in your state? Don't be bad mouthin California from your little glass house.

John

Alot of states have "a process" as well. You go to the DMV, pay sales tax, register as a 1965 and have NO smog checks. Takes 5 mins.

[pgermond]

Mr. Morgester,

Thanks for the information. As for the rest of this banter - haven't we been down this road one or ten times before

[ENTDOC]

John , I expressed no sympathy, I have none

[Randy Rosenberg]

Just as a courtesy to the thread starter (who may have "new post" notification turned on for this thread), could we keep the dialog on-topic?

Thanks,
Randy R...

[jdog]

Bx1, do you remember last Sat when I said that Morgester was after your car? And that you should get in line in Jan for an SB100 #?

This is what I was talking about!

Lay low until Jan & then GET ONE OF THOSE NUMBERS!

jdog
P.S. How's that Techron working?