home *** CD-ROM | disk | FTP | other *** search
- June 1990
-
- TOWING COMPANIES: FRIENDS OR FOES?
-
- By
-
- Michael C. Gillo
- Investigator
- Broward County State Attorney's Office
- Ft. Lauderdale, Florida
-
-
- Law enforcement uses towing companies extensively. Usually,
- these companies are under contract awarded through a bidding
- process. This gives the company exclusive rights to do all
- towing for individual agencies. In metropolitan areas, a company
- could be responsible for towing up to 100 vehicles a day. The
- fee for each tow, plus storage charges, generates large amounts
- of revenue.
-
- Unfortunately, once a towing company has temporary legal
- possession of a vehicle, many law enforcement agencies believe
- their responsibility ceases, except for the prosecution of the
- offender. When a towing company removes a vehicle at the
- direction of a law enforcement agency, it acts as an instrument
- of that agency. It gains lawful, though temporary, possession of
- the vehicle. However, if left unchecked, an unscrupulous towing
- company might use this temporary possession to gain permanent
- title to the vehicle illegally. Once this happens, the company
- can sell it and realize a bigger profit apart from tow/storage
- fees.
-
- Even when State statutes regulate and procedurally establish
- guidelines for towing companies when disposing of vehicles, there
- is opportunity for abuse and criminal activity. This became
- evident during an investigation of one towing company in Broward
- County, Florida. Based on an informant's tip, the Florida
- Department of Law Enforcement (FDLE) initiated an investigation
- that subsequently identified schemes enabling this company to
- circumvent the law. This towing company obtained new titles and
- sold the vehicles while hiding behind the very laws that granted
- it the right to recoup service fees.
-
- BACKGROUND
-
- The State of Florida enacted legislation enabling towing
- companies to recoup losses when there was little hope of
- recovering from owners the towing and storage fees incurred.
- When passed, the Towing and Recovery Association of America
- (TRAA) hailed the statute as ``...one of the best in the
- Nation.'' The law clearly defines the mandates to which towing
- and storage companies should adhere when disposing of vehicles.
- Strictly regulatory in nature, the law specifically outlines a
- set procedure to follow for the legal disposition of motor
- vehicles that fall under its purview. However, since the
- responsibility for monitoring these statutory procedures does not
- fall within a specific agency, there is no checks-and-balance
- system to ensure compliance to the statute.
-
- SCHEMES AND PLOYS
-
- The intricate schemes and ploys detected during this
- investigation served as the basis by which to gain illegal
- financial profits on a large scale. Such schemes revolve around
- obtaining vehicles legally and then disposing of them through
- unscrupulous and illegal methods.
-
- During its investigation, the Department of Law Enforcement
- identified several ways by which the unscrupulous towing operator
- gains possession of towed vehicles. For example, after being
- towed to the storage compound, the towing operator routinely
- searches the vehicle for a title, bill of sale, or other
- documentation that would allow the company to identify the
- owner/lien holder. If a lien cannot be satisfied or eliminated,
- the towing operator simply sells the vehicle at auction as a
- ``parts car.''
-
- If the identity of the owner cannot be determined or the
- owner cannot be found, the towing company initiates a lien
- process in order to sell the vehicle at public auction for costs
- incurred. Usually, little or no effort is made to find or
- notify the owner. Then, if left unclaimed, the vehicle can be
- retitled as ``unknown'' and later sold privately.
-
- Under the provisions of the Florida statute, a towing
- operator must sell a vehicle at public auction. The statute also
- stipulates that the selling agent may keep only enough money from
- the sale of the vehicle to pay for the tow/storage charges
- incurred. The remainder of the amount collected is to be
- forwarded to the clerk of the court's registry to be held in
- escrow. However, a towing operator can record a lesser dollar
- amount than the actual sale price of the vehicle. By
- misrepresenting the sale price, the towing company retains more
- of the money collected.
-
- Further, a towing company also may falsify documentation
- intentionally to the Florida Department of Highway Safety and
- Motor Vehicles (DHSMV) regarding the actual sale price of a
- vehicle. The company falsifies documentation so that it does
- not have to pay the proper sales tax. Or, a bill of sale, which
- is necessary to gain legal possession, can be falsified. One
- method is to contact the last registered owner--but not the
- current owner--to sign a bill of sale. Or more simply, the
- operator forges the signature of the registered owner or lien
- holder. In any case, with a bill of sale, the unscrupulous
- towing company processes a vehicle through the State's motor
- vehicle system without question.
-
- Another technique is to submit records showing that a
- vehicle offered at auction did not sell. This allows the towing
- company to claim the vehicle for towing and storage fees. The
- vehicle can then be retitled and sold privately. Many times, the
- vehicle does not reach the auction block. Instead, the operator
- sells the vehicle before the auction date.
-
- A towing company also may purposefully falsify the extent of
- damage incurred by a vehicle or the charges for towing and
- storage to insurance companies and lien holders. This gives the
- appearance that the vehicle has little value. This way, the
- towing company obtains clear title to the vehicle and can sell it
- at its discretion.
-
- On some vehicles, where a clear title cannot be obtained,
- the vehicle identification number (VIN) of another vehicle of the
- same make and model is used to gain title. Also, towed vehicles
- that do not have a VIN identifier may be given a VIN from a
- wrecked vehicle of the same make and model, thereby laying the
- groundwork to claim the vehicle.
-
- THE FINDINGS
-
- The investigation referenced in the beginning of this
- article was conducted jointly by the FDLE, a city police
- department, a local State Attorney's Office, the Florida DHSMV,
- the Department of Revenue, and the Florida Attorney General's
- Office. It revealed that no safeguards are directly in place to
- oversee the disposition of towed vehicles.
-
- This particular investigation resulted in the arrest of
- owners of a towing company and eight current or former employees
- on approximately 250 felony charges ranging from Racketeer
- Influenced and Corrupt Organizations Statute (RICO) violations,
- dealing in stolen property, grand theft, falsifying title
- applications, and sales tax violations. The Department of
- Revenue levied $789,000 in assessments and fines. The Attorney
- General's Office filed civil RICO actions on several parcels of
- property used by the towing company, and the city police
- department seized nine wreckers valued at approximately $20,000
- each. Seven defendants pled guilty; three went to trial. Of
- these three, one defendant was acquitted, another had the charges
- dismissed during the trial, and the third was convicted of 10
- felonies.
-
- CONCLUSION
-
- As a result of the investigation, the FDLE met with members
- of the Towing and Recovery Association of America and the
- Professional Wrecker Operations of Florida to rectify loopholes
- and encourage cooperation between law enforcement and the towing
- industry. Discussions have also been held to propose better
- legislation regarding a checks-and-balance system regulating
- towing operations.
-
- However, the best safeguard against unscrupulous operators
- is the police agency that enters into a contract with a towing
- company. Police departments should not develop a false sense of
- security with the towing company. Agencies should evaluate the
- type of relationship they have with their towing companies, or a
- review of the towing company's operations may be in order. In
- any regard, departments should consider whether the towing
- company they employ or enter into a contract with is ``a friend
- or foe.''