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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

**In the Matter of the Application** \* **[TO BE FILED UNDER
SEAL]{.underline}**

**for a Search Warrant for** \*

123-45 NAME OF STREET \* AFFIDAVIT IN SUPPORT OF

CITY, STATE \* APPLICATION FOR

\* [A SEARCH WARRANT]{.underline}

\*

\* (T. 18, U.S.C., §§ 513, 1341, 1343, 2314,

\* T. 49, U.S.C. §§ 32703(2). 32709(6))

SAM SPADE, being duly sworn, deposes and says that he is a Postal
Inspector of the United States Postal Inspection Service, duly appointed
according to law and acting as such:

Upon information and belief, there is probable cause to believe that
there is presently located on THE PROPERTY OR PREMISES KNOWN AS THE RED
BRICK TWO-STORY HOUSE, ITS LOT AND THE ADJOINING DIRT LOT LOCATED AT
\[ADDRESS OF PLACE TO BE SEARCHED\], more fully described in Attachment
1 hereto, (the \"SUBJECT PREMISES\"), the following: bills of sale,
motor vehicle titles, applications for motor vehicle titles, ledger
books, police books, odometer disclosure statements, checks, automobile
auction applications, motor vehicle reassignment forms, correspondence,
and other documents or records referring or relating to the purchase,
sale, repair, modification or alteration of motor vehicles; rubber
stamps, signature facsimile stamps or other stamps for motor vehicle
dealerships; applications for motor vehicle dealer licenses, motor
vehicle dealer licenses, correspondence and other documents or records
referring or relating to the licensing of motor vehicle dealers; tools,
materials and equipment used to alter and forge documents, including,
but not limited to, scalpels, erasers, pens, chemical solutions,
typewriters, inks, and dyes; tools, materials and equipment used to
alter motor vehicle odometers, including, but not limited to, picks,
screwdrivers, awls and hooks; motor vehicles; and computers, floppy
disks and other magnetic media, all of which constitute contraband,
evidence, fruits and instrumentalities of violations of Title 18, United
States Code, Sections 513, 1341, 1343 and 2314, and Title 49, United
States Code, Sections 32703(2) and 32709(6).

1.  The source of your deponent\'s information and the grounds for his
    belief are as follows: This affidavit is submitted in support of the
    Government's application to search the SUBJECT PREMISES, which is a
    two-story red brick house, its lot and the adjoining dirt lot which
    are the subject of the instant investigation. The information
    supplied herein is based on the investigation as described below and
    on my conversations with other law enforcement agents \-- including,
    but not limited to, other state agents who are conducting a joint
    investigation into this matter.

2.  As detailed below, there is probable cause to believe that the
    SUBJECT PREMISES contains evidence of crimes, including, but not
    limited to, conspiracy to violate federal law, the tampering with
    odometers, and the making, possessing and transfer of falsely made,
    altered, forged or counterfeited securities, to wit, automobile
    titles, in violation of 49 U.S.C. §§ 32703(2) and 32709(6), and 18
    U.S.C. §§ 513, 1341, 1343, and 2314, [inter alia]{.underline}.

3.  I am a Postal Inspector with the U.S. Postal Inspection Service
    assigned to the Fraud Unit, New York, New York. I have served in
    this position for approximately umpteen years. During my umpteen
    years of service with the U.S. Postal Inspection Service, I have
    participated in numerous investigations related to enforcement of
    state and federal laws.

4.  In the course of my official duties over the past umpteen years, I
    have been involved in hundreds of investigations, including but not
    limited to investigations of fraud and automobile-related crimes.
    Several of those investigations involved the preparation and
    execution of search warrants for business records similar to those
    involved in the activities described below.

5.  I am presently involved in an investigation involving violations of
    federal odometer tampering and other laws arising out of activities
    in New York State. The investigation involves possible violations of
    statutes prohibiting odometer tampering (49 U.S.C. §§ 32703(2),
    32709(b)), the interstate transfer of falsely made, altered, forged,
    or counterfeited securities (18 U.S.C. § 2314), the making,
    uttering, or possessing of forged or counterfeited securities (18
    U.S.C. § 513), mail fraud (18 U.S.C. § 1341), and wire fraud (18
    U.S.C. § 1343).

6.  As part of my duties, I or investigators with whom I am working have
    conducted surveillance of the location to be searched; interviewed
    several individuals; and reviewed records obtained from the New York
    Department of Motor Vehicles, various auto auctions, mail covers,
    and banks. The statements below are based on my personal knowledge,
    my surveillance, my review of documents and records, and my
    discussions with investigators who have assisted me in this
    investigation, including Joe Blow, Senior Investigator, New York
    Department of Motor Vehicles, Division of Field Investigation,
    Odometer Crimes Unit (\"NY DMV-DFI\") and Curly Moe, Senior
    Investigator, NY DMV-DFI, and on information provided by cooperating
    witnesses (CW-1 and CW-2). I have relied on attorneys from the
    United States Department of Justice, Office of Consumer Litigation,
    in my discussion and citation of legal authority in this affidavit.
    Because this affidavit is being submitted for the limited purpose of
    establishing probable cause, it does not include all the facts I
    have learned during the course of the investigation described
    herein. Where the contents of documents and the actions, statements
    and conversations of others are reported herein, they are related in
    substance and in part only, except as otherwise indicated.

[I. LOCATION TO BE SEARCHED]{.underline}

7.  The SUBJECT PREMISES, \[address\] is a residential property.
    According to tax assessment records, the owner of the property is
    \"xxxxxxxx xxxxxxx.\" \[Name of subject\] is a resident at the
    address. From the end of \[date\], until the end of \[date\], the
    U.S. Postal Inspection Service conducted a mail cover at this
    address. The mail was consistently addressed to \[name of subject\]
    and others. These mailings included mail from auto auctions and the
    New York Department of Motor Vehicles. Phone records obtained
    several months ago list \[name of subject\] as the user. As noted
    below, \[name of subject\] has been identified selling vehicles and
    state motor vehicle forms from this address on numerous occasions
    during the last few months, including on \[date\], and \[date\].

8.  The SUBJECT PREMISES, \[address\], is a lot on which is located a
    red brick, two-story residential building, a parking area and a
    yard. \[Several lines describing the property and access thereto.\]

9.  As recently as \[recent dates\], and on a number of other occasions
    when I and investigators of NY DMV-DFI have conducted surveillance
    at \[address\], we observed automobiles at the site, including
    vehicles with dealer plates that have been verified as registered to
    \[dealership name\], an automobile dealership that is registered in
    New Jersey to \[name of subject\]. Any vehicles belonging to
    \[dealership\] or other dealerships registered to \[name of
    subject\] may be evidence of possible odometer fraud.

[II. MECHANICS OF SCHEME TO ALTER ODOMETERS]{.underline}

10. While the exact method of operation used by those involved in
    altering or \"rolling back\" odometers varies somewhat, the typical
    pattern is as follows. Persons engaged in rolling back odometers
    generally purchase late-model, high-mileage used cars from other
    individuals, dealers, or at auto auctions. The cars are then brought
    back to the purchasing dealer\'s used car lot, where the cars are
    \"cleaned up\" to be made more attractive. Such work may include
    legitimate preparation, such as washing and polishing, painting,
    installing new tires, and performing minor physical and mechanical
    repairs. On or about this time, the dealer or someone under his
    direction will alter the odometer to reflect a false, lower mileage.
    This is usually done by disassembling the car\'s dashboard and
    resetting the odometer to a lower number.

11. Once the dealer has \"spun,\" or changed, the odometer and otherwise
    prepared the vehicle for re-sale, he may sell it to another car
    dealer, either directly or through an auto auction, who will put the
    car on his lot for sale to a consumer, or may sell the car directly
    to a consumer. The mileage or odometer reading is a very important
    factor in determining the price of a used car in a sale to the
    ultimate consumer.

12. Several types of documents are involved in the sale of a used car.
    First, federal law requires that all sellers of motor vehicles must,
    at the time of sale, prepare and sign a statement, which the buyer
    will sign as well, disclosing the vehicle\'s then current mileage.
    This document is known as an odometer disclosure statement.
    [See]{.underline} 49 U.S.C. § 32705 (formerly codified at 15 U.S.C.
    § 1988); 49 C.F.R. § 580.5. All cars have a corresponding title,
    issued by the state department of motor vehicles (or its
    equivalent), which shows who owns the vehicle and whether there are
    any outstanding liens or other security interests against it. The
    front of the title will show either the car\'s original mileage at
    the time of purchase from the manufacturer\'s dealer representative,
    or, if the car has been subsequently resold or the original title
    has become lost, the vehicle\'s mileage as of the time that a new
    title was issued.

13. The back of the title contains a block that is used to evidence the
    transfer of the car\'s ownership to a new owner. Because dealers who
    purchase vehicles solely for purposes of re-sale are usually not
    required to obtain new titles for the cars that they buy, the backs
    of titles contain two or three blocks that are used to evidence
    re-assignments of title by dealers. All the blocks on the back of a
    title have a space for recording the odometer reading at the time of
    sale. If the blocks on the back of a title are full at the time of a
    sale, the dealer making the sale must execute a separate
    re-assignment of title (sometimes called a re-assignment
    supplement). It, too, will have a space for disclosing the car\'s
    current mileage. Federal law now requires titles and re-assignment
    supplements to contain odometer disclosure statements.
    [See]{.underline} 49 C.F.R. § 580.5.

14. New York and New Jersey generally do not require application for a
    title by a motor vehicle dealer who will only own the car long
    enough to resell it. As discussed above, the purchase and sale of
    vehicles among dealers is normally accomplished by filling in the
    blanks on the reverse of the title and, when space no longer
    permits, on a separate reassignment form. Indeed, wholesale dealers
    (those who do not sell directly to consumers) often do not title
    vehicles in their own business names since this not only costs
    money, but also, in some instances, causes a delay of several days
    before the new title ownership documents are received. This delay,
    in turn, causes the purchasing dealer to delay payment until the new
    ownership documents are received. However, as discussed below, a
    wholesale dealer involved in odometer tampering often needs to
    obtain a \"clean\" title so that the paperwork he passes on to
    subsequent buyers will match the false odometer mileage reading
    showing on the vehicle.

15. A dealer who rolls back an odometer will have received from the
    previous owner a title (and sometimes a separate re-assignment
    supplement) that usually shows the true \"high\" mileage for the
    vehicle. The mileage listed on the title or other motor vehicle
    documents will therefore not correspond to the odometer of a motor
    vehicle once the odometer has been altered. In this way the
    comparison of an unaltered title and the vehicle may constitute
    evidence of an odometer rollback. In addition, motor vehicle
    documents may constitute evidence even where they contain accurate
    mileage information. Such documents may reveal, for example, an
    individual\'s knowledge of titling requirements and odometer
    certification, or a pattern of dealing.

16. Analysis of a dealer\'s legitimate transactions and pattern of
    business may help to establish that the alteration of mileage on
    certain title documents and on certain vehicles took place with the
    knowledge of the dealer. Therefore, in order to conceal his odometer
    alteration from subsequent purchasers, the dealer may \"wash\" the
    title.

17. \"Title-washing\" involves the creation of paper transactions in
    which one used car dealer creates a fictitious reassignment of title
    to another used car dealer, who then obtains a new motor vehicle
    certificate of title. The false, low mileage reading appears on the
    face of the newly issued certificate of title. A second fictitious
    reassignment of title then is issued, which reassigns the newly
    issued title back to the original dealer (or to a third dealer
    participating in the conspiracy). [See]{.underline}
    [generally]{.underline} [United States v. Davis]{.underline}, 888
    F.2d 283, 284 (3d Cir. 1989), [aff\'d]{.underline} [sub]{.underline}
    [nom.]{.underline} [Moskal v. United States]{.underline}, 498 U.S.
    103 (1990).

18. A title may be \"washed\" (that is, removing high mileage readings
    on a title) in a number of different ways. For example, a dealer may
    file a fraudulent application for a replacement title in the name of
    a previous registered owner of a car, often claiming that the
    original title was lost or destroyed. After obtaining a new title,
    which has the original mileage at the time that the previous owner
    titled the car, the dealer will then show an assignment on the back
    of the title either directly to him from the original owner at the
    new, false, low mileage, or to him through an assignment from a
    fictitious buyer from the first owner. The signature of the original
    owner on the application for the replacement title will be forged,
    as will the assignment(s) on the title itself.

19. Similarly, an individual may apply for a duplicate title in his own
    or his dealership\'s name, claiming that the original title has been
    lost and indicating (often through the use of forged signatures)
    that all other individuals or entities with an interest in the car
    have released that interest. The dealer will then use the duplicate
    title to transfer ownership of the car at a fictitious low mileage
    that matches the false mileage on the vehicle\'s odometer.

20. Another \"washing\" scheme that a dealer may employ is to create one
    or more paper sales to fictitious purchasers at the lower mileage
    and then obtain a new title in the name of one of the fictitious
    buyers. This title, which reflects the altered mileage, will
    subsequently be used in the sale by the dealer.

21. In addition to \"washing\" titles, a dealer might physically alter
    the odometer mileage shown on the original title (and occasionally
    on the re-assignment supplement, if there is one). This frequently
    involves the use of, among other things, chemical solutions,
    scalpels, erasers, and inks. A consumer may use the altered mileage
    on the odometer in applying for a new title, thereby transferring
    the altered mileage to the title for that car without knowing that
    the altered mileage is not the true mileage for the car.

[III. THE INVESTIGATION]{.underline}

22. \[Name of subject\] engages in the purchase and sale of used motor
    vehicles. According to auto dealership licensing records in
    \[states\], \[name of subject\] owns two used car dealerships,
    \[names and addresses\]. According to the records of \[name\] Auto
    Auction in \[state\], \[name of subject\] is also authorized at that
    auction to represent xxxxxxxxx Sales, a used car dealership owned by
    \[name of subject\'s relative\]. xxxxxxxxxxxx Sales is located at
    \[address\]. \[That dealership\] was a used car dealership that
    \[name of subject\] owned with his \[relative\].

23. \[Name of subject\] operates his dealership, xxxxxxxxxx, from his
    home at \[address of place to be searched\]. The address used for
    the registration of \[that dealership\] at xxxxxxxxxx Auto Auction
    is \[name of subject\'s\] home address, \[address\]. Records show
    that the phone company Verizon sent its bills for \[the dealership
    at that address\]. Records show that \[another dealership name the
    subject uses\] receives its mail from xxxxxx, a used car information
    service, at \[address to be searched\]. xxxxxxxxxxxxxxxxxxxx Auction
    has sent mail for \[dealership name\] to \[address to be searched\].

24. \[Name of subject\] is involved in a scheme to defraud through the
    sale of used cars with \"rolled-back\" odometers. \[Name of
    subject\] buys cars with high-mileage and causes the odometer on the
    cars to be rolled back so that he can sell them at an inflated price
    as more valuable, lower-mileage cars. As described below, \[name of
    subject\] also sells reassignment documents to others who he knows
    engage in this activity.

25. \[Name of subject\] purchases high-mileage cars at various used car
    auctions in the states of xxxxxxxxxx, yyyyyyyyyyyy, zzzzzzzzzzzzzz
    and aaaaaaaaaaaaa. Each purchase of a used car at an auto auction
    will generate an invoice showing to whom the car was sold and the
    current mileage of the car. A review of auto auction invoices
    obtained in this investigation show that \[name of subject\]
    purchases used cars at these auctions through the used car
    dealerships that \[name of subject\] owns, \[naming them\].

26. Once \[name of subject\] purchases a high-mileage car at an auto
    auction on behalf of one of his dealerships, in some cases the
    dealership will then sell the car to a non-existent company. This
    transaction is purely a paper transaction, in that the company
    \"buying\" the car does not exist and the car never changes hands.
    The purpose of this transaction is to generate paperwork for the
    used car showing lower mileage than the true mileage of the car and
    lower than the mileage on the car when \[name of subject\] purchased
    the car at an auction.

27. \[name of subject\] causes the mileage to be rolled back on the
    high-mileage used cars that he purchases at the auto auctions. The
    \"rolled back\" mileage of the car matches the mileage on the
    paperwork from the transactions mentioned above between \[name of
    subject\]\' dealerships and others. As described below, \[name of
    subject\] marked some portion of these titles as having an
    inaccurate odometer, a designation that was changed later during the
    titling procedure.

28. Once \[name of subject\] has caused the mileage to be rolled back on
    a used car and has the paperwork for the sham sale of the car, he
    offers the car for sale to the public. \[name of subject\]
    advertises these cars for sale in a newspaper with a cell phone
    number that a consumer can call to set up a time to see the car.
    When a consumer calls the number, \[name of subject\] will arrange
    to meet the consumer with the car either at a residence or a
    street-side location. \[name of subject\] will then sell the used
    car with the rolled-back mileage to the consumer. Agents of NY
    DMV-DFI and I have interviewed ten consumers who believed they were
    purchasing low mileage vehicles, when the auction records show the
    vehicles had higher mileage when \[name of subject\]\' dealership
    purchased them at the auction.

29. \[name of subject\] and his used car dealerships are associated with
    AB&CD Sales, \[address\], ZZZZZ Auto Sales, \[address\], AAAAAA
    BBBBB Auto Sales, \[address\], and DDDDDDDD Discount Sales,
    \[address\], in the use of rolled back used cars. Joe Blow of NY
    DMV-DFI stated that surveillance by the NY DMV-DFI revealed that the
    owners and employees of these dealerships use the same rolled back
    used cars. For example, on \[date\], an investigator of the NY
    DMV-DFI observed \[name of subject\] leaving DDDDDDDD Discount Sales
    in a 1994 Chrysler Concord that had dealer license plates that were
    registered to ZZZZZ Auto Sales. Blow stated that a review of records
    showed that the Concord had been sold to AB&CD Sales on \[date\],
    with 89,155 miles and then sold on \[date\], by EEEEE Dealership
    Sales with 49,295 miles. An investigator of NY DMV-DFI observed the
    Concord\'s odometer on \[date\]. The odometer read 88,024 miles, a
    mileage reading less than the mileage that the car had when it was
    sold to AB&CD Sales almost four years earlier on December 11, 1997.

30. On \[date\], an undercover investigator from NY DMV-DFI went to
    \[address of place to be searched\], the residence of \[name of
    subject\], to inquire about a 1995 White Plymouth Voyager that
    \[name of subject\] had for sale. The investigator was able to
    observe the Vehicle Identification Number of the Voyager, which was
    xxxxxxxxxxxxxxxxx, and its odometer, which read 62,000 miles.
    Records reviewed by an NY DMV-DFI investigator indicate that
    xxxxxxxxxxx Subaru of xxxxxx, xxxxxxxxxxxx, previously owned the
    Voyager and that the Voyager was sold at xxxxxxxxxxx Auto Auction in
    xxxxxxx, xxxxxxxxxxxx, to \[name of subject\] of XXXXX Sales Sales,
    Inc., on \[date\], with a mileage reading of 114,077 miles. An NY
    DMV-DFI investigator also reviewed records that show that the
    Voyager was registered to xxxxxx xxxxx on \[date\], with an odometer
    reading of 62,270 miles.

31. On \[date\], an undercover investigator from NY DMV-DFI went to
    \[address of place to be searched\], the residence of \[name of
    subject\], to inquire about a 1995 Green Plymouth Voyager that
    \[name of subject\] had for sale. The investigator was able to
    observe the Vehicle Identification Number of the Voyager, which was
    xxxxxxxxxxxxxxxxx, and its odometer, which read 64,137 miles.
    Records reviewed by an NY DMV-DFI investigator indicate that
    xxxxxxxxxxxxxx Quality Car of xxxxxxx, xxxxxxxxxxxx, previously
    owned the Voyager and that the Voyager was sold at xxxxxxxxxxx Auto
    Auction in xxxxxxx, xxxxxxxxxxxx, to \[name of subject\] of \[name
    of dealership\], on \[date\], with a mileage reading of 146,587
    miles.

32. \[name of subject\] has been involved with the sale of used cars
    with rolled-back odometers since at least \[date\]. NY DMV-DFI
    investigator Blow stated that the New York Department of Motor
    Vehicles investigated \[name of subject\] and xxxxx Sales of
    xxxxxxxxx Avenue, xxxxxxxxxxxxxx, New York, a used car dealership
    that \[name of subject\] owned with his son xxxxxxxxxxxxxx, for
    odometer tampering on used cars. At an administrative hearing, xxxxx
    Sales was found to have committed fraud and fraudulent practices
    related to the misrepresentation of odometer readings for used cars
    sold by xxxxx Sales. The New York Department of Motor Vehicles fined
    xxxxx Sales and suspended its dealership license for fraudulent
    odometer readings.

33. NY DMV-DFI investigator Blow also stated that the New York
    Department of Motor Vehicles investigated AB&CD Sales for odometer
    tampering on used cars. At an administrative hearing, AB&CD was
    found to have committed fraud and fraudulent practices related to
    the misrepresentation of odometer readings for used cars sold by
    AB&CD Sales. The New York Department of Motor Vehicles fined AB&CD
    Sales and suspended its dealership license for fraudulent odometer
    readings. \[name of subject\] is a registered representative of
    AB&CD Sales as stated above.

34. Based on a review of auction, title and registration records, NY
    DMV-DFI investigators have confirmed that XXXXX Sales and YYYYY
    Motors, which are owned by \[name of subject\], have sold at least
    500 used cars during the past four years. These records also show
    that each of those 500 cars has a later record with lower mileage
    recorded for the car than earlier records for that car. A later
    record with lower mileage is an indication that a car has had its
    mileage rolled back. Based on a review of auction, title and
    registration records, NY DMV-DFI investigators have confirmed that
    \[name of subject\]\' two dealerships, XXXXX Sales and YYYYY Motors,
    and the dealerships of AB&CD Sales, ZZZZZ Auto Sales, AAAAAA BBBBB
    Auto Sales and DDDDDDDD Discount Sales have together sold at least
    2,000 used cars with records that indicate that their mileage has
    been rolled back.

35. Cooperating Witness No. 1 (\"CW-1\") stated that he has purchased
    New Jersey reassignment forms necessary for the purchase of used
    cars at auto auctions from \[name of subject\] at his residence at
    \[address of place to be searched\]. CW-1 stated that he purchased
    the New Jersey reassignment forms from \[name of subject\] at his
    residence from \[dates\], for \$100 each. CW-1 stated that \[name of
    subject\] told CW-1 to tell any New York Department of Motor
    Vehicles investigators who might ask, that CW-1 bought the forms in
    New Jersey, not at \[name of subject\]\' residence. \[name of
    subject\]\' sale of these forms allows others to use these forms to
    create sales paperwork showing lower rolled-back mileage for a used
    car, and to give the appearance that a car is being sold by a \[name
    of subject\]\' dealership and that the sale is in a state other than
    New York.

36. CW-1 also stated that \[name of subject\] at one time had a New York
    State inspection sticker machine at his residence at \[address of
    place to be searched\]. CW-1 stated that \[name of subject\] would
    use this machine to print out inspection stickers that CW-1 would
    purchase without having his car inspected.

37. CW-2 stated that in \[date\], he purchased from \[name of subject\]
    at \[name of subject\]\' residence at \[address of place to be
    searched\], state reassignment documents necessary for the purchase
    of used cars at an auto auction and that he has visited \[name of
    subject\]\' residence on numerous other occasions for the same
    purpose. \[name of subject\]\' sale of these forms allows others to
    use these forms to create sales paperwork showing lower rolled-back
    mileage for a used car, and to give the appearance that a car is
    being sold by a \[name of subject\]\' dealership and that the sale
    is in a state other than New York. \[name of subject\] told CW-2
    that he is the owner of XXXXX Sales and YYYYY Motors.

38. CW-2 stated that \[name of subject\] told CW-2 that when he sells a
    used car with a rolled back odometer, he will put \"TMU\" (true
    mileage unknown) on the New York MV-50 or New Jersey reassignment
    form used in the sale. \"TMU\" is an industry term used to indicate
    that the seller of the car does not know what the actual mileage of
    the car is at the time of sale. \[name of subject\] told CW-2 that
    he does this to avoid getting in trouble for selling a used car with
    a rolled back odometer.

39. xxxxxx is a company that provides information on used cars,
    including the mileage of the car when it is sold at an auction. It
    takes about a month to six weeks after the sale of a car at an
    auction for xxxxxx to have available to consumers the information
    concerning that sale. Consumers often use xxxxxx to check the
    mileage on a used car.

40. CW-2 stated that \[name of subject\] told CW-2 that he will check
    xxxxxx to look at the mileage history that xxxxxx has on a car to
    see what mileage he can roll the car\'s odometer back to. \[name of
    subject\] stated that he knew that xxxxxx did not provide the
    mileage of a car sold at an auction until four to six weeks after
    the sale.

41. Many of the cars involved in this investigation have been sold in
    Nassau and Suffolk counties.

[IV. PROBABLE CAUSE]{.underline}

42. Based on the information discussed above, there is probable cause to
    conclude that \[name of subject\], XXXXX Sales and YYYYY Motors have
    been and are currently engaged in an odometer tampering scheme.
    There is also probable cause to conclude that the dealerships of
    AB&CD Sales, ZZZZZ Auto Sales, AAAAAA BBBBB Auto Sales and DDDDDDDD
    Discount Sales are also involved in that scheme.

43. Based on the information discussed above, there is probable cause to
    conclude that evidence of the illegal conduct of \[name of
    subject\], XXXXX Sales and YYYYY Motors will be found at the SUBJECT
    PREMISES, \[address of place to be searched\].

44. Based upon my experience investigating automobile-related crime,
    including odometer fraud, I have concluded that the conduct of a
    used car business necessarily generates a large number of documents
    in connection with the purchase and sale of automobiles. These
    include but are not limited to such documents as correspondence with
    auto auctions, governmental agencies, and customers; purchase and
    sale invoices; checks and other bank records; odometer statements;
    titles and title applications; tax returns, financial records and
    statements, and repair records. Some of the information generated in
    connection with an automobile dealership may be stored and
    maintained in computer hard drives, fax machines, police books and
    on computer floppy disks. Persons engaged in odometer fraud may also
    have signature and other stamps and tools to alter documents,
    including but not limited to vehicle titles. In addition, vehicles
    on which the odometers have been rolled back or on which the
    odometers may be rolled back are likely to be located at the site at
    which used cars are sold, and, as noted above, \[name of subject\]
    has offered for sale a vehicle with rolled back mileage at his
    residence at \[address of place to be searched\]. \[name of
    subject\] has used his residential address of \[address of place to
    be searched\], as the address for his dealership XXXXX Sales for
    several purposes.

45. The normal operation of a used car business requires retention of
    and access to these sorts of materials, if only for purposes of
    handling customer inquiries, preparing tax returns, and dealing with
    financial institutions. Moreover, federal law mandates that dealers
    maintain odometer statements at their principal place of business
    for a period of five years. [See]{.underline} 49 C.F.R. § 580.8. In
    addition, XXXXX Sales and YYYYY Motors, as automobile dealers, must
    by law permit inspection of these records by designated federal
    officials. [See]{.underline} 49 U.S.C. § 32706. The evidence of the
    above-described criminal activity to be seized at \[address of place
    to be searched\], is described with particularity on Attachment 2 to
    this affidavit and is incorporated herein by reference.

46. The information set forth above shows that the criminal activity
    under investigation has involved an ongoing business that has
    engaged in a continuing pattern of illegal conduct. The evidence
    sought to be seized constitutes the business records that are
    necessarily prepared in the course of conducting a used car business
    and maintained for an extended period of time at the business
    premises. The evidence sought to be seized also includes vehicles on
    which the odometers have been rolled back or which have been
    purchased with high mileage on the odometers. There is probable
    cause to believe that such evidence will be at the SUBJECT PREMISES,
    \[address of place to be searched\], as described on [Attachment 1
    which is incorporated herein by reference.]{.underline} In
    particular, there is probable cause to conclude there will be
    documentary and other physical evidence of mail fraud in violation
    of 18 U.S.C. § 1341; the interstate transportation of altered or
    forged title documents in violation of 18 U.S.C. § 2314; forged
    title documents in violation of 18 U.S.C. § 513; and odometer
    tampering in violation of 49 U.S.C. §§ 32703 and 32709, at the
    SUBJECT PREMISES, \[address of place to be searched\]. Indeed, the
    absence of records would also constitute evidence of a crime, since
    the failure to retain odometer statements is a violation of 49
    U.S.C.§§ 32706(d)(1)(A) and 32709(b) and 49 C.F.R. § 580.8.

WHEREFORE, the deponent respectfully requests that a warrant issue
authorizing agents of the United States Postal Inspection Service with
proper assistance from other federal, state and local law enforcement
officers to search the SUBJECT PREMISES, and therein seize the following
items described above, all of which constitute contraband, evidence,
fruits and instrumentalities of violations of Title 18, United States
Code, Sections 513, 1341, 1343 and 2314, and Title 49, United States
Code, Sections 32703(2) and 32709(6).

SAM SPADE

SWORN AND SUBSCRIBED BEFORE ME THIS

DAY OF \_\_\_\_\_\_\_\_\_\_\_, \_\_\_\_.

UNITED STATES MAGISTRATE

[ATTACHMENT 1]{.underline}

**Description of \[ADDRESS\]**

\[address of place to be searched\], is a lot on which is located
\[DETAILED DESCRIPTION OF PROPERTY\].

[ATTACHMENT 2]{.underline}

Evidence sought pursuant to search warrant at

\[address of place to be searched\]

Originals and all copies of the following that were created, dated, or
in effect during the period from \[insert a date for oldest document to
be seized for which there is probable cause to seize\] to the present:

1\. Any and all bills of sale, invoices, payment receipts, bank drafts,
sight drafts, bank records (including but not limited to checks, deposit
items, withdrawal slips, evidence of wire transfers, check books,
statements, and correspondence), odometer disclosure statements,
automobile titles, reassignment of title supplements, applications for
titles or replacement titles, ledger books, records of purchases and
sales, automobile auction company records, correspondence with
automobile auction companies or used car dealers, auction invoices,
freight records, documents related to export, repair records, vehicle
transportation records, vehicle logs, or other documents or records
referring or relating to the purchase or sale of used motor vehicles by
\[name of subject\], XXXXX Sales Ltd., YYYYY Motors, AB&CD Sales, ZZZZZ
Auto Sales, AAAAAA BBBBB Auto Sales and DDDDDDDD Discount Sales.
\"Records,\" as used in this paragraph, includes, but is not limited to,
computers, computer terminals, modules, modems and connectors, floppy
discs, tapes, backup tapes and discs, hard drives, printers, printouts,
and hard copy user documentation pertaining to files and/or programs,
separate documentary records, computerized records, or records
maintained in any other form which allows information to be stored and
retrieved.

2\. New York Department of Motor Vehicle forms and books (MV-50) for
\[name of subject\], XXXXX Sales Ltd., YYYYY Motors, AB&CD Sales, ZZZZZ
Auto Sales, AAAAAA BBBBB Auto Sales and DDDDDDDD Discount Sales.

3\. Sales registries for \[name of subject\], XXXXX Sales Ltd., YYYYY
Motors, AB&CD Sales, ZZZZZ Auto Sales, AAAAAA BBBBB Auto Sales and
DDDDDDDD Discount Sales.

4\. Correspondence with any state or local vehicle licensing agency.

5\. Correspondence with any state titling agency.

6\. Correspondence with any person who has been involved in obtaining or
delivering vehicle titles on behalf of \[name of subject\], XXXXX Sales
Ltd., YYYYY Motors, AB&CD Sales, ZZZZZ Auto Sales, AAAAAA BBBBB Auto
Sales and DDDDDDDD Discount Sales or any other automobile dealer or
person.

7\. All information relating to the purchase or sale of motor vehicles
or transactions involving the purchase or sale or repair, modification,
or alteration of motor vehicles, and the names, addresses and/or
telephone numbers of any individuals or persons involved in such
transactions, stored in computers or on any computer disks located in
the brick two-story residential structure at \[address of place to be
searched\].

8\. Invoices for the purchase and sale of vehicles by \[name of
subject\], XXXXX Sales Ltd., YYYYY Motors, AB&CD Sales, ZZZZZ Auto
Sales, AAAAAA BBBBB Auto Sales and DDDDDDDD Discount Sales or any other
automobile dealer or person.

9\. Any and all applications for vehicle dealer licenses and any
correspondence related to such applications.

10\. Any and all applications to conduct business at automobile auctions
and any and all correspondence with automobile auctions.

11\. Rubber or other stamps or signature facsimile stamps for \[name of
subject\], XXXXX Sales Ltd., YYYYY Motors, AB&CD Sales, ZZZZZ Auto
Sales, AAAAAA BBBBB Auto Sales and DDDDDDDD Discount Sales or any other
automobile dealer, and any and all scalpels, erasers, pens, chemical
solutions, typewriters, inks, dyes, or other instrumentalities that
might be used in the alteration or forgery of documents.

12\. Any and all picks, screwdrivers, awls, hooks, or other
instrumentalities that may be used in the alteration of motor vehicle
odometers.

13\. Any motor vehicle located at \[address of place to be searched\],
with the exception of any vehicles registered to \[name of subject\], in
his individual capacity.