Federal grand jury indicts Lebanon car dealer for fraud

(From the U. S. Attorney for the Western District of the Ozarks)

Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Lebanon, Mo., automobile dealer has been indicted by a federal grand jury for a mail fraud scheme in which he sold dozens of vehicles with fraudulent titles that greatly underreported the actual mileage of the vehicles.

Kenneth W. Smith, 60, of Lebanon, was charged in a seven-count indictment returned under seal by a federal grand jury in Springfield, Mo., on Aug. 26, 2014. That indictment has been unsealed and made public upon Smith’s arrest and initial court appearance.

Smith operates Cars Unlimited in Lebanon. According to today’s indictment, Smith obtained fraudulent replacement titles for dozens of vehicles that were sold by Cars Unlimited between February 2010 and Nov. 7, 2011. Smith (operating through Cars Unlimited) allegedly applied for and received 54 replacement titles from the state of Missouri, each of which underreported the vehicle’s actual mileage between 95,000 and 209,000 miles. Smith allegedly resold these 54 vehicles at auto auctions using the fraudulent replacement titles. These 54 vehicles were sold for an aggregate total of approximately $346,450.

Beginning in February 2010, when Smith purchased vehicles (through Cars Unlimited) at auto auctions, the vehicle titles he received showed each vehicle's actual mileage. After purchasing a vehicle, Smith allegedly submitted an "Application for Missouri Title and License" seeking a replacement title for the vehicle. Although he sought a replacement title, the indictment says, he in fact possessed the original title for the vehicle.

In each of those instances, Smith allegedly forged the signatures of the previous owner of the vehicle. The state of Missouri prepared a replacement title that was mailed to Smith at Cars Unlimited.

The federal indictment charges Smith with seven counts of mail fraud.

Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.

This case is being prosecuted by Assistant U.S. Attorney Gary Milligan. It was investigated by the FBI and the Missouri Department of Revenue.