BY KEITH LACEY
A former Sudbury car dealership owner has been found guilty of selling vehicles he knew were stolen and of defrauding former customers.
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Â?ThereÂ?s overwhelming proof,Â? Richard Toulouse worked closely with a Quebec-based auto theft ring and brought vehicles and parts he knew were stolen to the former dealership, said Justice Randall Lalande of the Ontario Superior Court of Justice.
He delivered a four-hour ruling Wednesday.
Toulouse was the owner of Auto Mart on Falconbridge Road, which was previously called Leclair Motors.
Toulouse, 39, was banned from selling cars in Ontario last year after his licence was revoked. He currently sells recreational vehicles.
Toulouse was found guilty of six counts of possession of stolen property and four counts of fraud over $5,000.
While there was strong evidence on several other counts, Lalande found Toulouse not guilty on four other counts.
He said the accusedÂ?s explanation of how certain vehicles and auto parts ended up at his dealership were plausible or the Crown had failed to prove the allegations beyond a reasonable doubt.
LalandeÂ?s decision ends a case that has consumed hundreds of hours of court time over the past several months.
Almost all of the vehicles and parts involved in the intensive police investigation were purchased by Toulouse in 1997 and 1998.
The trial heard that once police seized numerous vehicles from Toulouse and filed charges, he repaid customers the full amount they had paid him for vehicles.
On almost every count, Toulouse testified he didnÂ?t know most of the people he was doing business with.
Toulouse testified he met them at auto auctions in Ontario and Quebec and was himself a victim in many instances.
The case also involved allegations Toulouse or the people he was working with would change vehicle identification numbers (VINs) so they couldnÂ?t be traced.
In one instance, a police investigation used sophisticated acid burning techiques to reveal a vehicle found at ToulouseÂ?s dealership had had its VIN altered.
The case also involved vehicles being purchased by Toulouse from people in Quebec who provided fake business names and addresses to avoid detection by police.
Almost all of the allegations involved shoddy paperwork and incomplete records, making it again difficult to trace vehicles.
A common theme was an insurance company would Â?write offÂ? a high-end, late model vehicle. Inevitably, parts from stolen vehicles would be used to
rebuild the vehicles.
Toulouse would purchase them for a modest price, then make a good profit selling them at his dealership.
Lalande said the evidence was clear Toulouse would either lie or mislead numerous clients about the history of the vehicle they were purchasing.
Most of the vehicles were late model trucks involved in rollovers or fires, but there was also a Cadillac and a late model trailer involved.
Lalande said ToulouseÂ?s explanation of trusting the people he was dealing with and not knowing the origin of vehicles he was purchasing didnÂ?t hold up under scrutiny.
Â?ItÂ?s almost unbelievable he would purchase a vehicle under these circumstances,Â? said Lalande in reciting the facts of one allegation. Â?Obviously he was finishing a fast deal without any concern of the history of the vehicle.Â?
Toulouse had experience as a successful auto dealership owner, and he would surely have known about proper paperwork before handing out large amounts of cash to purchase vehicles and parts, said Lalande.
Â?He accepted sloppy, inaccurate paperworkÂ? and veteran business people donÂ?t operate that way, said Lalande.
Â?ItÂ?s simply not acceptable to say he had no idea the vehicle was stolen...he was more than reckless in his approach...information provided to customers was intentionally inaccurate and he took advantage of his victims.Â?
On another count, the veteran judge said the circumstances surrounding ToulouseÂ?s purchase of a vehicle, later found to be stolen in Quebec, Â?are indeed more than suspicious.Â?
On another count, Lalande ruled itÂ?s clear Toulouse Â?allowed himself to be talked into a schemeÂ? to purchase a vehicle rebuilt with stolen auto parts.
Â?He knew what was going on and he chose to actively participate,Â? he said.
Lalande also ruled Toulouse knew how important vehicle identification numbers were in tracking vehicles to their original dealer and buyer. It was more than coincidence the vehicles seized from his dealership had their VINs altered on numerous occasions.
Assistant Crown attorney Karen Lische is expected to ask for a lengthy jail sentence for Toulouse when heÂ?s sentenced.
A sentencing date will be selected this week. ItÂ?s expected ToulouseÂ?s sentencing hearing will take place late this summer or in early fall.
Defence counsel Craig Fleming is expected to ask for a conditional sentence to be served in the community as Toulouse has no previous criminal
record.
Lalande ordered that a pre-sentence report be prepared in time for ToulouseÂ?s sentencing hearing.
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