Bradford car dealer Philip C. Bauschard was arraigned Tuesday on
more than 60 criminal charges including unprofessional conduct,
registration irregularities and failure to pay off loans of
vehicles traded at his Dodge dealership in Bradford and his resale
outlet in Smethport.
According to court records filed at Magisterial District Judge
Dominic Cercone’s office, Bauschard, 58, of 4 Orchard Place
Extension, is charged with 12 counts of theft by failure to make
required disposition of funds, third-degree felonies; two counts of
theft by deception, third-degree felonies; one count of tampering
with public records, a second-degree misdemeanor; 43 counts of
failing to deliver applications for certificates of title to the
Department of Transportation, summary offenses; one count of
improper use of dealer registration plates, a summary offense; one
count of engaging in unprofessional conduct, a summary; and four
counts of failure to pay over taxes to the Commonwealth of
Pennsylvania, summary charges.
The charges were filed by the state police, who investigated
complaints about Bauschard’s Dodge dealership that had taken place
between Oct. 19, 2004 and Nov. 23, 2005.
According to court records, Trooper Charles Nicklas of the
Ridgway-based state police received a complaint from a Bradford
resident in November who had purchased a vehicle from Bauschard’s
and “was having problems with his ownership paperwork.”
On Nov. 10, the man told Nicklas that he had financed the truck
through Daimler Chrysler Services and was told that when he
received his first payment coupon, he should return to the
dealership to have the loan refinanced to save money. The loan was
refinanced through Citizens Bank, but the man continued to receive
monthly payment coupons from Daimler Chrysler, the court records
read.
The man was instructed by Bauschard to bring the Daimler
Chrysler payments to the dealership for payment, and told Nicklas
that Bauschard had been making the payments for the past year.
Bauschard had told him Daimler Chrysler would not accept a full
payment for the vehicle, according to the court records.
On Nov. 15, Nicklas interviewed a woman who had purchased a
vehicle at Bauschard’s Resale Outlet in Smethport and had not
received a title and registration. Her temporary registration had
expired. Nicklas checked on the registration and found that the
license plate was owned by the woman, but was not assigned to her
new vehicle, the records read.
On Nov. 23, Nicklas and another trooper served a search warrant
on the dealership and seized records for 47 vehicle
transactions.
According to the court records, Bauschard was interviewed “and
related that he was expecting our arrival, admitted to being in
debt and failing to send money to the proper recipients. He related
that he was the president of the dealership and the sole person
responsible for the loss of the funds.”
Nicklas adds in the report that Bauschard paid off all amounts
outstanding to the state by Dec. 30, and reported to police that
the rest of the outstanding amounts were paid off as well, the
report indicates.
Meanwhile, during the police search of the Bradford dealership,
Bauschard explained to them that some vehicles were double
financed, the records read. Original vehicle financing was done
through Daimler Chrysler to take advantage of factory incentives
and were required to be financed through them for at least 90 days.
“When it came time to make the Daimler Chrysler pay off, the money
had been spent elsewhere,” the records read.
Other applications for titles were late because of a lack of
funds to cover the sales tax, title and registration fees, the
records read. “Several vehicles were sold prior to the liens from
the previous owners being paid.”
Following the search of the dealership, the police interviewed
several other people who reported similar experiences with their
vehicle purchases.
On Dec. 19, a woman was interviewed who had come in from New
York state to purchase a vehicle at Bauschard’s. She was issued a
30-day in-transit registration plate, which expired. She went back
to the dealership and was issued a second plate, which also
expired. At that time, she was issued a dealer plate, which
indicated her car was being repaired for 30 days, the court records
read.
In total, the theft charges allege that Bauschard did not pay
$156,678.46 in loan repayments in the proper time frame; and did
not turn over $35,591.48 in sales tax, title and registration fees
to the state within the appropriate time period, according to the
records.
Bauschard was arraigned and released on his own recognizance. He
also waived his preliminary hearing Tuesday in front of Cercone and
will face the charges in McKean County Court.
