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untanglingwebs
El Supremo
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| I went to pull the file and was told it was not on the shelf. The clerk stated since it was so new, it might "not be put together yet". |
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Tue Mar 25, 2014 6:32 am |
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BFisher5890
F L I N T O I D
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| What is going on with this. I was a finance manager here and saw that place go from a well oiled machine to Andy putting unqualified people as managers while the original set up guy was pushed to the side like yesterdays news. |
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Thu Mar 27, 2014 8:21 am |
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untanglingwebs
El Supremo
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Finally got the file and it is huge already. There is lots of documentation and B Fisher may be right.
Bentley's Best, the auto dealership at 205 S. Dort, was formed on November 7, 2008.Cheyenne Usewick was the managing member of Bentley's and was at one point made the comptroller of Suski Used cars.
Andrew Suski was the managing member of Suski's used cars and the Presient of Suski Buick Chevrolet in Birch Run.
The lawsuit alleges that Suski approached the Usewicks about a joint venture in January of 2011. The company DORT was formed on January 27,2011. Dort became the landlord for Suski South not knowing that Suski South was not a legally recognized corporation. The lawsuit further stated that Suski had formed a corporation Amron Energy LLC and that for a point in time Suski was the President.
On August 15,2011 Cheyenne Usewick was added as an authorized rep t Flint Auto. On September 1, 2011 both Suski Used cars and Bentley's Best were to pay Amron Energy commissions:
$500 Suski Used retail
$100 Bentley
$100 for trade ins
$200 wholesale deal
Commission paid from 9-1-11 to 11-26-13 paid $1,207,860.57 |
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Mon Apr 14, 2014 3:45 pm |
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untanglingwebs
El Supremo
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The lawsuit goes on to state that Bentleys was responsible for all operational bills such a payroll and vehicle records.
On 12-22-11 Cheyenne was made the authorized for Suski Chevrolet.
Suski used cars in Lapeer was formed on 2-6-12.
The more serious allegations are that the year end records were adjusted to create a liability to Bentleys as a tax avoidance measure. The records indicate $559,102 was owed to Bentleys. E-mails were attached where the accountant suggested the payment to Bentley's be made. Usewicks allege Suski refused to pay and that the money was taken without legal authority.
Further allegations regarding Suski lapeer are similar. A liability to Bentlys was created in the amount of $82,006. Violations of MCL 600.2961 arealleged throughout the case.
In August 2013 Suski promised a one-third ownership of Suski Used Autos in return for Bentley's transfer of their inventory to Suski used. The e-mails used as attachments detail questions about the transfer and when would the paperwork becopleted. The transfer of the inventory, valued at $795,000, was completed on August 3, 2013, but the partnership deal was allegedly not consummated. |
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Mon Apr 14, 2014 4:13 pm |
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untanglingwebs
El Supremo
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Usewick alleges that Suski refused formal documents for the transfer. The CPA for Suski recommended the $559,101 to Bentley on October 30, 2013.
Usewick alleges Suski shut down Suski used cars and on December 20, 2013 took control of all of the vehicle inventory, bank accounts and personal property and moved them. Suski gained $42,000 per the court documents.
Cheyenne Usewick was placed on what was called a KO list with the Flint Auction, which meant she could not sell at any state dealer auctions.
Because Suski's had entered into a lease for the property at 205 S Dort for $7,500 a month and had vacated the lease, the lawsuit requests an acceleration of the rent for $300,000. |
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Mon Apr 14, 2014 4:29 pm |
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untanglingwebs
El Supremo
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Jason Davis, an employee of Suski, told EMC Inc. Usewick had sold vehicles and failed to pay.
Further allegations:
Breach of contract
Fraud in the inducement or fraud based on Bad faith Promises
Tortious Interference with a business expectanc.
Libel (falsely accused of a crime)
Conversion of Bentley's property ($1,478, 108 and asking treble damages of $4,434,324)
Violations of MCL 60.2961 (Sales commission statute)
asking double damages for actual damages in amount of $1282,216/ |
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Mon Apr 14, 2014 4:40 pm |
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darko
F L I N T O I D
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Is anyone going to go to jail over this? Are all of the court cases civil, or are there criminal (fraud, etc.) charges pending?
Is the sale of Waldron's Buick in Davison related to this fiasco?
Is Suski in Birch Run going to be transferred/sold too?
And lastly, why in the world would these major dealers do business with a 35 yo con man with a wrap sheet littered with fraud and lawsuits? How does this loser get the keys to millions of dollars in ally credit? I don't buy it that these veteran dealer principals were naive, I have to assume they were active participants in the schemes. |
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Sun Apr 20, 2014 5:37 pm |
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untanglingwebs
El Supremo
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Will Usewick get indicted again? Just who sold the illegally transferred cars?
Will he get a pass this time.
At lunch I was told Suski had to sell a lot of property to make good on the problems with he dealerships. |
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Thu Apr 24, 2014 11:14 am |
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untanglingwebs
El Supremo
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OPEN CASE REGISTER OF ACTIONS 04/26/14 PAGE 1
14-102543-CZ JUDGE FULLERTON FILE 04/21/14
GENESEE COUNTY
P 001 SUSKI,ANDREW,D VS D 001 USEWICK,CHEYENNE,
ATY:DAVISON,EDWARD
P-26421 810-234-3633
P 002 GOLDMAN,PHILIP, VS D 002 USEWICK,ED,
ATY:DAVISON,EDWARD
P-26421 810-234-3633
P 003 SUSKI CHEVROLET BUICK INC,, VS D 003 BENTLEYS BEST,,
ATY:DAVISON,EDWARD
P-26421 810-234-3633
P 004 SUSKI USED CARS LLC,,
ATY:DAVISON,EDWARD
P-26421 810-234-3633
P 005 SUSKI USED CARS OF LAPEER,,
ATY:DAVISON,EDWARD
P-26421 810-234-3633
Actions, Judgments, Case Notes
-------------------------------------------------------------------------------
Num Date Judge Chg/Pty Event Description/Comments
---- -------- ---------- ------- ---------------------------------------------
1 04/21/14 HAYMAN SUMMONS AND COMPLAINT FILED
RECEIPT# 00398971 AMT $150.00
2 ORDER RE-ASSIGNING CASE FILED
3 04/22/14 FULLERTON CASE REASSIGNMENT
FROM: HAYMAN,ARCHIE L.,
TO: FULLERTON,JUDITH ANNE,
4 04/25/14 JURY DEMAND PAID
RECEIPT# 00399315 AMT $85.00
............................... END OF SUMMARY ..............................
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Sat Apr 26, 2014 9:50 pm |
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untanglingwebs
El Supremo
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General Allegations:
Ed Usewick approached Phil Goldman in January 2011 Suski and Goldman. regarding a joint venture buying and selling cars. After Goldman discussed the offer with Suski, a meting was held between Ed Usewick, The result of the meeting was the creation of a joint venture.
Terms of the joint venture:
a. Suski would allow Cheyenne Usewick and Ed Usewick to use his name and, to that end he and Goldman established Suski Used Cars LLC.
b. Cheyenne Usewick and Ed Usewick would be solely resonsible for the operation of the joint venture under the auspces of Suski Used Cars LLC.
c. Suski agreed that he would allow Cheyenne Usewick and Ed Usewick to finance the purchase of vehicles for the joint venture under the existing floor plan arrangement between Suski Chevrolet Buick and Ally Bank, the terms of which they agreed to be bound by and comply with.
d. Suski and Goldman were to receive a flat fee for ach vehicle sold. The amount being dependent upon the nature of the sale.
$500 for each vehicle owned by Suski Used sold retail;
$100 for every vehicle owned by Bentley's best sold retail;
$100 for every vehicle accepted in trade; and
$200 for every vehicle sold wholesle.
e. Cheyenne Usewick and Ed Usewick were to receive the net profit of the joint vnture or to assume the net loss of the joint adventure. |
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Tue Apr 29, 2014 1:17 pm |
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untanglingwebs
El Supremo
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Over the course of time, additional entities were created by Goldman and Suski.
In late November of 2012, Plaintiffs learned that the Defendents were violating the terms of the joint venture,
a. They were failing/refusing to repay outstanding floor plan balances to Ally Bank after the sale f a vehicle.
b. They were obtaining floor plan financing on vehicles in which neither they nor Suski Used and/or Suski Lapeer had an ownership interest.
c. They refused to pay for miscellaneous services charged to vehicle purchases, including, but not liited to insurances, reconditioning costs, warranties,service contacts, etc.
d. Failing/refusing to pay operating costs incurred by Plaintiffs in the furtherance of the joint venture. |
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Tue Apr 29, 2014 1:29 pm |
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untanglingwebs
El Supremo
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Because of the identified conduct, Ally Bank required Defendents to pay for the vehicles sold out of the trust and floor planned without an ownership interest.
"as a result of the conduct of the Defendants above identified, Plaintiffs have been required o pay the miscellaneous services billed by Defendants to vehicle purchasers which were not, in turn, paid by defendnts including, but not liited to, title fes, sales tax, insurances, conditioning costs, warranty costs nd extended service plan costs."
The Plaintiffs were required to pay individuals who "sold' vehicles , but were not paid as well as individuals who purchased vehicles and were unable to be provided with title. |
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Tue Apr 29, 2014 1:45 pm |
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untanglingwebs
El Supremo
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| This lawsuit further alleges the Usewicks breached the joint venture agreement, breached the fiduciary duties owed by the Defendants to the Plaintiffs, and Defendants retained and converted to their own use the funds resulting from the identified conduct. |
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Tue Apr 29, 2014 1:50 pm |
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untanglingwebs
El Supremo
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With all of these lawsuits flying back and forth, I still wonder why Goldman and Suski even entered into these business arrangements. Did they perform any kind of due diligence? Surely they knew of the previous allegations and court cases involving Usewick and his cohorts. They should have known he was a potential scoundrel before thy entered into a business relationship. I can't help but wonder of the criminal justice system's soft landing for Usewick created a false illusion that he was somehow a victim of circumstances involving the others accused with him. But even they got soft landings.
It wouldn't be the first time that people with friends in high places get off. Those who bought cars and can't get clear titles as well as the finance companies are still being screwed, while the players get a slap on the wrist. |
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Wed Apr 30, 2014 8:19 am |
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BFisher5890
F L I N T O I D
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| From working there, I am telling you this is going to be a really interested story. There was 136 employees that worked there. They are all going to say the same thing that Ed had no power to do anything the last 12 months of the operation. All Andys employees made all the decisions. All I am saying is forget the names involved. Just see it for what it was. Andys Suskis place that Ed got stripped from power a year before any of this happened all centered around greed and Andy threatening Ed with loosing everything and local political criminal prosecution if Ed didn't step back and let Andy do what he wanted to do with the organization that Ed originally built in years past. Andy thinks he can do whatever he wants because he is buddies with Sheriff Pickell and David Leyton and maybe he can. |
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Thu May 01, 2014 11:56 am |
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