Thursday, October 29, 2009
Buddy Harvey also must pay restitution for theft and fraud.
YOUNGSTOWN — A former area car dealer will spend the next five years on probation and pay restitution of more than $30,000.
Buddy Harvey, 43, of Berlin Center, appeared Wednesday before Judge John Durkin of Mahoning County Common Pleas Court for sentencing on six counts of theft and one count of defrauding creditors.
Harvey was facing 63 counts in what authorities said was an automobile-dealing fraud scheme. They consisted of 43 theft counts, 15 title offenses, three records-tampering counts and one count each of defrauding creditors and passing bad checks. All 63 counts are felonies.
The prosecutor’s office, under the plea agreement, stood silent on Harvey’s sentencing.
Atty. J. Gerald Ingram, representing Harvey, told the court Harvey had pleaded guilty to felony counts of the fourth and fifth degree so there should be no jail time unless he previously had been convicted of a felony, there was a sexual or dangerous nature to the crimes or he was likely to commit a similar offense in the future.
He said the lack of any of those factors means probation is an effective means of punishment.
Judge Durkin said it would be easy to sentence Harvey to a prison term, but Ohio law restricts his sentencing ability in the case because of the degree of the felony counts and the lack of any past crimes, sexual or dangerous element or likelihood of recidivism. He said his goal is to make the victims in the case whole.
Judge Durkin ultimately handed down the probation sentence and ordered Harvey to pay back several victims who have not received any financial restitution.
Ingram said his client already has paid thousands of dollars in restitution.
Harvey apologized to his family and former customers, saying his actions were not deliberate or planned, but more of a desperate attempt to hold onto his car dealership without the necessary funds to do so. He told the court he will make full restitution to every customer and damaged party.
One man who claimed to be a victim of Harvey’s deals appeared in court and asked to speak before Judge Durkin sentenced Harvey, but the judge said the man’s case was a civil matter that may come to court in the future but was not a part of the current case.
Harvey’s brother Gregory A. Harvey, 37, also of Berlin Center, has pleaded guilty to three felony counts of theft.
The indictment was filed against the Harveys on Dec. 6, 2007, and pertains to offenses that reportedly occurred between 2002 and 2006. The charges stem from the Harveys’ operation of their former Harv’s Cars dealership in Boardman, which earlier operated in Canfield.
Some victims told police they traded in vehicles at Harv’s Cars for newer models. As part of the agreement, the dealership was to pay off the loan balances on the traded-in vehicles, but it failed to do so, forcing victims to make payments on both the old and newer vehicles, according to the complaints.
Other complaints came from those who bought vehicles at Harv’s but contended they never received the titles.
Other people said they paid for warranties on vehicles purchased at the dealership and later learned those warranties hadn’t been processed and weren’t valid.
The Harveys also took in vehicles to be sold under a consignment arrangement, in which they were to get a commission and give the remaining sale proceeds to the sellers. The Harveys would sell the cars and not give the proceeds to the people who brought in the vehicles, and purchasers would drive the vehicles without valid titles, police and prosecutors said.
jgoodwin@vindy.com