civil action under the Indiana Deceptive Consumer Sales Act, Indiana Code §

24-5-0.5-1 et seq., the Salvage Motor Vehicles Act, Ind. Code § 9-22-3-1 et seq.,

seq. and the Motor Vehicle Unfair Practices Act, Ind. Code § 9-32-13 et seq.,

of schemes intended to subvert the laws of the State of Indiana related to the

sale of motor vehicles. Johnson, who is ineligible to obtain a dealer license to

various retail dealerships have also consistently engaged in unfair and

advertising and altering the odometers on motor vehicles, failing to deliver

titles to consumers, and listing fictitious sale prices on consumer bills of sale

to avoid paying full sales tax. Additionally, Johnson and Presnell operated an

unlicensed wholesale dealership, Mid America Auto Remarketing, through

which they engaged in a scheme to pay a police officer to illegally sign off on

repairs made to over 400 salvage vehicles, without inspecting such vehicles

as required by Indiana law. Johnson and Presnell subsequently sold the

vehicles that had not been properly inspected through various retail

Wheels of Fortune, LLC and Southpointe Motorcars, LLC, each with a

Avenue, Indianapolis, IN 46237.

salvage and rebuilt motor vehicles under the assumed business name Mid

America Auto Remarketing (“Mid America”), with a principal place of

business in Marion County, located at 1231 West Troy Avenue, Indianapolis,

IN 46237.

used motor vehicles to Indiana consumers under the business names Wheels

of Fortune, LLC and Southpointe Motorcars, LLC, each with a principal place

of business in Marion County, located at 3245 South Keystone Avenue,

used motor vehicles to Indiana consumers under the business name Wheels

limited liability company engaged in the sale of used motor vehicles to

located at 3245 South Keystone Avenue, Indianapolis, IN 46237.

liability company formerly engaged in the sale of used motor vehicles to

located at 3245 S. Keystone Avenue, Indianapolis, IN, 46237.

and Southpointe at the time of the transactions identified in this Complaint

and were active in both entities’ management and operation, including their

advertising, sales, and other practices. Johnson and Presnell personally made

consumers.

General undertakes civil actions such as this to assist Indiana consumers in

obtaining titles to their vehicles. In the event the Attorney General petitions

an Indiana court to order the BMV to issue a title for a designated consumer

and vehicle, the BMV has agreed to abide by the resulting court orders

without the BMV being named as a party in interest in the complaint. An

affidavit from the BMV supporting these assertions is attached to this

Complaint as Exhibit 1.

(“SOS Dealer Division”) revoked Front Row Motors’ license to conduct motor

vehicle sales in Indiana for various violations.

entered into a Consent Agreement. Under the Agreement, Front Row Motors’

dealer license was permanently revoked. Further, the Consent Agreement

longer operate as a dealer in Indiana, independently of FRM [Front Row

Motors] or otherwise, from the date of the filing of this Consent Agreement

onward.” Johnson personally signed the Consent Agreement.

Row and Johnson from future violations of certain provisions of the Indiana

Deceptive Consumer Sales Act, specifically, Ind. Code § 24-5-0.5-3(a)(1), (2),

cease business operations, Johnson opened Hoosier Motors LLC (“Hoosier

Motors”). Hoosier Motors was located at 3401 South East Street,

Indianapolis, IN 46227, the same location as Front Row Motors.

Incorporation filed with the Secretary of State as well as represent himself as

the owner on Hoosier Motor’s dealer license application filed with the SOS

appropriate and competent manner.”

with Hoosier Motors whereby Hoosier Motors would be allowed to continue to

temporary plates.

County, Cause No. 49D13-1209-PL-036096, against Hoosier Motors for

charging consumers improper document preparation fees and tag and title

fees. A Consent Judgment was subsequently entered into between the parties

to resolve the matter.

Johnson acquired Southpointe, located at 3245 S. Keystone Avenue,

the SOS Dealer Division.

Indianapolis, IN, 46237 as Wheels of Fortune.

207,541.

replaced the odometer cluster on the 2002 Avalanche, leading the odometer to

Johnson.

Facebook and OfferUp.com.

represented the 2005 Pilot had “Only 110k miles!!”

for BWI Equipment. At that time, Williams received a title for the 2005 Pilot

listing the actual mileage of the 2005 Pilot as 298,748.

VIN 1NXBR32E73Z055353 (“the 2003 Corolla”).

which prominently represented the 2003 Corolla as having “124,000 miles.”

Corolla which represented the 2003 Corolla as having “120k miles.”

agent for BWI Equipment. At that time, Presnell received a title issued in

236,000.

Accord, VIN 1HGCP26369A142934 (“the 2009 Accord”).

Facebook.

Accord as having “70,000 miles.”

replaced the odometer cluster on the 2009 Accord, leading the odometer to

purportedly restored them at Mid America.

come to Mid America to sign the salvage restoration affidavits, typically on

Butler’s scheduled off days.

restoration affidavits.

salvage restoration affidavits.

have personally examined the above vehicle, major component parts and

22-3.”

signed the affidavit while neglecting to inspect the vehicle.

in failing to inspect the salvage vehicles. Butler subsequently entered a guilty

plea.

salvage restoration affidavits for Johnson and Presnell without inspecting the

Fortune.

Presnell, and Williams would list a vehicle price on a purchasing consumer’s

amount of sales tax to be paid to DOR using the false vehicle prices.

Presnell as the correct amounts to be paid on each vehicle, to DOR, resulting

in BWI Equipment paying DOR less sales tax than required on an unknown

number of vehicles.

in Paragraphs 85 through 94, above.

cash at the time of sale.

vehicle purchase, based on the bill of sale drafted by Williams.

DOR in the amount of $314.65 for Fernandez’s vehicle purchase.

Williams in the amount of $500.00, with a note that stated “due 4700.”

$2,803.76, with “sales tax” of $196.26, for a “total due” of $3,000.00.

price so he would not have to pay as much in tax.

purchase, based on the bill of sale drafted by Johnson.

“Dealer Title Affidavit” that it would deliver a title to Watson no later than

“Dealer Title Affidavit” that it would deliver a title to Coffey no later than

“Dealer Title Affidavit” that it would deliver a title to Patton no later than

police officer properly inspect salvage vehicles to verify proof of ownership

deceptive acts and were committed by Johnson, Presnell, Williams, Berry,

artifice, or device with intent to defraud or mislead.