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Odometer fraud, also referred to as "busting miles" (United States) or "clocking" (UK, Ireland and Canada), is the illegal practice of rolling back odometers to make it appear that vehicles have lower mileage than they actually do. Odometer fraud occurs when the seller of a vehicle falsely represents the actual mileage of a vehicle to the buyer.
The Federal Odometer Act, passed in 1972, modified the United States Code to prohibit tampering with a motor vehicle's odometer and to provide safeguards to protect purchasers in the sale of motor vehicles with altered or reset odometers. [1] The Act provides definitions and civil and criminal penalties for odometer fraud.
Schmuck v. United States, 489 U.S. 705 (1989), is a United States Supreme Court decision on criminal law and procedure.By a 5–4 margin it upheld the mail fraud conviction of an Illinois man and resolved a conflict among the appellate circuits over which test to use to determine if a defendant was entitled to a jury instruction allowing conviction on a lesser included charge.
A former employee of a Kentucky used-car dealership admitted helping in a scheme to roll back mileage readings on vehicles so buyers would pay more.
Adam Newbrey operated Ideal Motors, which is also known as I-Deal Motors, Midwest Wholesale and Prestige Motors, according to the release.
The odometer read 259,731 miles, but Garza is accused of changing it out to show that it had 129,930 miles. Garza sold the pickup on behalf of Cars 4 Less for $14,000, according to court documents.
Odometer tampering, detected during claim processing, voids the insurance and, under decades-old state and federal law, is punishable by heavy fines and jail. Under the cents-per-mile system, rewards for driving less are delivered automatically, without the need for administratively cumbersome and costly GPS technology.
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