Banner Ford Reported for Alleged Payroll Protection Program Fraud
BATON ROUGE, LA, December 8, 2020: In response to the devastating negative economic impacts of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed into law in March 2020. The CARES Act authorized the Small Business Administration (SBA) to provide and/or guarantee loans specifically designed to keep small businesses afloat during the unprecedented financial challenges brought on by the pandemic.
Unfortunately, several companies and individuals exploited these programs for their own financial gain and sought relief payments through a series of false and fraudulent representations regarding their businesses’ existence, gross revenue, and number of employees in order to receive Economic Injury Disaster Loans (EIDL) and/or Paycheck Protection Program (PPP) loans. As a result, the SBA’s Office of Inspector General is now aggressively investigating cases of suspected fraud and criminal charges have been brought against numerous companies and individuals by the U.S. Department of Justice.
Car dealerships have become prime targets of these investigations. Accountable.US, a non-partisan watchdog group created to expose PPP fraud and corruption, has compiled data from the Small Business Administration that U.S. car dealerships have received between $7.6 billion and $11.89 billion in PPP funds in the second quarter of 2020. While Automotive news has estimated these bailout funds likely saved at least 740,000 jobs, they have struggled to explain the numerous inconsistencies it had seen between applicants.
One such example involving a car dealership came into focus this week after a former sales representative for a Pennsylvania-based dealership group launched a federal lawsuit against their ex-employer alleging that it had violated the False Claims Act in relation to PPP. The Blaise Alexander lawsuit accuses the dealer group of actively forcing the sales team to reimburse it for the PPP funds by withholding sales commissions.
While the alleged employee reimbursement plan is a new trick, consistent with old tricks such as the spot delivery scam, Blaise Alexander is hardly the first company to be accused of PPP fraud. Neyra Motor Cars of Cincinnati was also accused of PPP loan fraud by a former sales representative in October. Automotive dealerships were among the largest recipients of COVID-related funding in 2020, making them prime targets for anybody hunting for financial misdoings. Meanwhile, the whole of the automotive industry had taken in an estimated $132 billion in government loans by July, with numerous entities being forced to give some of that back after people became outraged. For example, both AutoNation and Penske Automotive applied for PPP and took heat for it for being so large.
In Louisiana, 1011 car dealerships have received a total of $233.86 million in PPP funds making the average award per dealership was $231,312. Banner Ford, located in Mandeville, LA was awarded $2.72 million in PPP funds which has made them a prime target for those hunting financial misdoings. While Banner Ford is not the only suspected bad actor when it comes to PPP loan fraud, when compared to other similar Louisiana car dealerships receiving PPP funds, Banner Ford’s award is highly inflated and has prompted a request for the Office of Inspector General to further investigate their application and resulting receipt of funds. The payroll costs submitted by Banner Ford were significantly higher than other comparable dealers by an order of magnitude.
By comparison, Peake Motor Company in Kenner, LA was awarded $973,800, Ford of Slidell was awarded $890,164 and Nissan of Slidell received $374,877. One logical conclusion to this anomaly would be that Banner Ford grossly inflated their annual payroll costs which increased the amount of their taxpayer funded bailout. Banner Ford is claiming their annual payroll costs are seven times higher, or more, than comparable car dealerships in Louisiana.
While this fact alone doesn’t necessarily mean Banner Ford has acted illegally, but It does suggest that Banner Ford, at a minimum, violated the spirit of the law. “Banner Ford should have never been eligible to receive this amount of PPP funding due to its size alone”, stated Rick Nordham the former CEO of n*g Financial who currently works as a PPP loan consultant to businesses. Mr. Nordham further stated, “A proper investigation by authorities could shed light on possible nefarious conduct by Banner Ford, these are serious allegations and the U.S. taxpayers deserve serious investigations”.
In addition, car dealerships in the U.S. were considered ‘essential businesses’ and never mandated by the government to close their doors and stop conducting business. This fact aside, car dealerships did initially see a major loss in revenue in the second quarter as a direct result of the lock downs and general consumer anxiety. However, when Congress injected over $1 trillion into the consumer economy through stimulus awards and generous unemployment payments, sales by car dealerships went through the roof as much of these funds were used by individuals to either purchase or upgrade their vehicles. In fact, car dealerships experienced such a windfall that currently there is a crisis due to lack of availability of used cars on the market and new car production continues to increase at record levels.
Banner Ford is a victim of their own greed, arrogance and incompetence. Allegations of extortion and manipulation of financial documentation to illegally secure government funds should not be taken lightly. Banner Ford needs to understand this is not their typical petty offenses of spot delivery scams and withholding vehicle state sales tax funds and license plates from individuals who have purchased vehicles from them. While violation of state law will likely result hefty fines and loss of licenses to sale vehicles in the future, fraudulently obtaining federal funds could result in long federal prison sentences. Some would argue this is karma, and the arrogance and greed of Steve Aertker, Joshua Spell and Walter Butler has finally caught up with them. Most would suggest they immediately start correcting their ways, following the law and conducting business in an ethical manner to mitigate any future consequences of their actions.
Prior to going into the specifics I think it is important to note that the Federal Trade Commission recently issued an official finding that, “SPOT DELIVERY” IS ANTICIPATORY THEFT AND ALWAYS VIOLATES THE TRUTH IN LENDING ACT".
Banner Ford utilizes the fraudulent, illegal and deceptive practice of something known as Yo-Yo Financing and or Spot Delivery. I was unaware of such a thing until I had the experience detailed below. Consumer's should be aware of this scam so they do not fall victim to these fraudulent and deceptive schemes and the public should certainly be aware to never attempt to purchase an automobile from Banner Ford in Mandeville, LA or to ever attempt to buy an automobile where Ivan Lopez or Joshua Spell. These two individuals should be in jail rather than working in a car dealership.
October 2, 2020
Through my years of experience dealing with car dealers I already know walking in that I am going to be dealing with salesmen and managers who will normally either have a cheap toupe or a fedora hat (typically the salesman has the fedora only because he cant afford the cheap toupe that most managers sport). When I walked into Banner Ford with a friend who was looking for a vehicle, nothing was out of the normal from what is typical.
The used car salesman, Ivan Lopez, of course knew nothing about the actual vehicle he was showing, but was an expert on the "etched windows", "nitrogen filled tires and the Ford care plan that guaranteed to get blood stains out of the seats if needed. So, it was no surprise when Mr. Lopez started his negotitations, in between worrying about having to go feed his dog, that all these great extras came with an additional $900 price tag. I also was a little taken aback, but not totally shocked, when Mr. Lopez was filming us looking at the vehicle to send to another potential buyer for which I assumed was an attempt to start a bidding war.
Anyhow, when the negotiations started on financing the vehicle my friend, who does have sub-prime credit, informed Mr. Lopez that she had secured pre-approved credit from a bank to purchase the vehicle, but Mr. Lopez informed her that he could get her much better terms through one of Banner Ford's associated lenders and it was "much easier" to do it this way. She agreed filled out a credit application, provided Mr. Lopez with all the information he requested and told Mr. Lopez that she was prepared to put down $2500 towards the purchase of the vehicle. He took this information to his manager and came back with "great news".
He told her that Global Financial Services had agreed to finance the loan contingent on her ability to put a little more money down and that he was not going to be able to provide her the $900 worth of "extras" she never wanted in the first place (Im not sure, nor did I see if in fact he went and replaced the nitrogen in the tires with regular air). She agreed to put down $3500 and to a 54 month term at a usury interest rate and after another visit to the manager Mr. Lopez, whose primary conern was still that he needed to leave to feed his dog, returned with the great news that Global Financial had accepted the terms and the financing was done- just had to go next door to the finance department and sign the paperwork and she would be on her way with her new vehicle!!
Mr. Lopez then escorted over to the finance office to sign the paperwork where a Mr. Walter Butler with the finance department informed the buyer of more great news!! He had "worked things around with Global Financial" for her and was able to get her an even better APR lowering her monthly note. He even informed her he was able to "work his magic" and get them to throw in GAP insurance with the "deal" (of course we learned later that he also threw in another $900 on the bill to cover this gap insurance). Buyer was explained that Global financial had funded her loan and was informed of the interest rate, her monthly payment amount and when the payments were due, and all she had to do was sign when prompted in the electronic signature box on his desk as he cycled through all the documents she was signing on his computer that the screen was facing him and not viewable by the buyer.
The buyer was not informed of what she was signing nor was she given an opportunity to review the documents she was signing. After buyer handed over her $3500 down payment the deal was "done". Buyer was provided with page 1 and 2 of a six page contract and a copy of the Banner Ford Purchase Agreement. "Done deal" and buyer was instructed to return to the used car lot to meet her salesman and get her temporary tag as well as obtrain full coverage insurance on "her" vehicle.
"The Switch" As the buyer was backing out to head to the used car lot a Banner Ford representative came running out and told her a "mistake" had been made on her paperwork and she needed to come back and sign for everything again. once she was inside she was told again just to sign sign sign on the electronic key pad and the only explanation Walter Butler provided was that he had negotiated a lower interest rate with Global Financial and she was signing for this lower interest rate, but come to find out a week later what she was signing was another RISC but this time and without disclosing this to her they slipped in a spot delivery addendum which stated that if Banner Ford could not obtain financing she had to return the vehicle. Again, she left with only a copy of page 1 and 2 of a six page contract and certainly was not provided a copy of this new Addendum.
Buyer then proceeded back to the used car lot where she had to wait on Ivan who had left to finally feed his dog. When he finally returned and the title was done with Global Financial as the lien holder and she was provided a temp plate and title which based on this information buyer obtained full coverage insurance in her name for her car. Finally after 4 or 5 hours buyer left in her new vehicle she had just purchased.
Fast forward about a week later and enter the Yo-Yo and the Joshua Spell the general manger with the bad toupe who looks exactly like Mickey Abbott from seinfeld. Buyer receives a phone call from Ivan informing her that her financing- which she had already been approved for meeting thier requirements for more money down and a higher interest rate had fallen through. Buyer was told she had to provide the lender, who had already approved her and she already signed a contract with needed more information to approve the financing, buyer provided this information which resulted in another phone call requiring more information. Since the buyer had already been approved by Global Financial and signed a contract with them she was not interested in playing these needless back and forth games. Buyer pointed out that the contract, or at least what was disclosed to her, and the copies of what she signed was provided for her contained a truth in lending clause and also that all deals were final.
She was then informed that there was a seperate "Spot Delivery Addendum" that she had signed and she needed to either provide the information or return the vehicle she had already purchased. She was also threatened by Joshua Spell that she either provide the further information requested or return the vehicle, Mr. Spell went on to further threaten her that if she did not immediately return the vehicle he would contact the St. Tammany Parish District Attorney and seek criminal charges against her for fraud.
Buyer immediately requested a copy of this "addendum" and alll of the paperwork she blindly signed to purchase the vehicle. She was origionally told that could not be provided because the paperwork was "locked in someone's office who was out for the week". Knowing this was a lie she demanded copies of the contract and all other paperwork and the next day received an e-mail with a hodge podge of incomplete documents compiled together in a way that clearly shows that some of the documents were fabricated and her electronic signature had been imposed on them. Buyer has since then demanded a copy of the all the documents and has been denied to see them or completely ignorned.
They are continuing to ignore her requests and as Banner Ford has indicated earlier it is their intention to reposses what they claim is their vehicle and cast her with the costs of the illegal recovery and rental fee for the use of the vehicle she purchased but they claim belongs to them.
This is the most unethical, fraudulent and illegal transaction I have ever witnessed in a business transaction. The whole ordeal was a scam from the get to just to keep her down payment and take the vehicle back and sale it agian.
No one should ever do business with Banner Ford and Ivan Lopez and Joshua Spell should face state and federal criminal fraud charges. And if being a bottom feeding scumb bag was a crime they would lock them up and throw away the key.
Banner Ford Reviews
Banner Ford Reported for Alleged Payroll Protection Program Fraud
BATON ROUGE, LA, December 8, 2020: In response to the devastating negative economic impacts of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed into law in March 2020. The CARES Act authorized the Small Business Administration (SBA) to provide and/or guarantee loans specifically designed to keep small businesses afloat during the unprecedented financial challenges brought on by the pandemic.
Unfortunately, several companies and individuals exploited these programs for their own financial gain and sought relief payments through a series of false and fraudulent representations regarding their businesses’ existence, gross revenue, and number of employees in order to receive Economic Injury Disaster Loans (EIDL) and/or Paycheck Protection Program (PPP) loans. As a result, the SBA’s Office of Inspector General is now aggressively investigating cases of suspected fraud and criminal charges have been brought against numerous companies and individuals by the U.S. Department of Justice.
Car dealerships have become prime targets of these investigations. Accountable.US, a non-partisan watchdog group created to expose PPP fraud and corruption, has compiled data from the Small Business Administration that U.S. car dealerships have received between $7.6 billion and $11.89 billion in PPP funds in the second quarter of 2020. While Automotive news has estimated these bailout funds likely saved at least 740,000 jobs, they have struggled to explain the numerous inconsistencies it had seen between applicants.
One such example involving a car dealership came into focus this week after a former sales representative for a Pennsylvania-based dealership group launched a federal lawsuit against their ex-employer alleging that it had violated the False Claims Act in relation to PPP. The Blaise Alexander lawsuit accuses the dealer group of actively forcing the sales team to reimburse it for the PPP funds by withholding sales commissions.
While the alleged employee reimbursement plan is a new trick, consistent with old tricks such as the spot delivery scam, Blaise Alexander is hardly the first company to be accused of PPP fraud. Neyra Motor Cars of Cincinnati was also accused of PPP loan fraud by a former sales representative in October. Automotive dealerships were among the largest recipients of COVID-related funding in 2020, making them prime targets for anybody hunting for financial misdoings. Meanwhile, the whole of the automotive industry had taken in an estimated $132 billion in government loans by July, with numerous entities being forced to give some of that back after people became outraged. For example, both AutoNation and Penske Automotive applied for PPP and took heat for it for being so large.
In Louisiana, 1011 car dealerships have received a total of $233.86 million in PPP funds making the average award per dealership was $231,312. Banner Ford, located in Mandeville, LA was awarded $2.72 million in PPP funds which has made them a prime target for those hunting financial misdoings. While Banner Ford is not the only suspected bad actor when it comes to PPP loan fraud, when compared to other similar Louisiana car dealerships receiving PPP funds, Banner Ford’s award is highly inflated and has prompted a request for the Office of Inspector General to further investigate their application and resulting receipt of funds. The payroll costs submitted by Banner Ford were significantly higher than other comparable dealers by an order of magnitude.
By comparison, Peake Motor Company in Kenner, LA was awarded $973,800, Ford of Slidell was awarded $890,164 and Nissan of Slidell received $374,877. One logical conclusion to this anomaly would be that Banner Ford grossly inflated their annual payroll costs which increased the amount of their taxpayer funded bailout. Banner Ford is claiming their annual payroll costs are seven times higher, or more, than comparable car dealerships in Louisiana.
While this fact alone doesn’t necessarily mean Banner Ford has acted illegally, but It does suggest that Banner Ford, at a minimum, violated the spirit of the law. “Banner Ford should have never been eligible to receive this amount of PPP funding due to its size alone”, stated Rick Nordham the former CEO of n*g Financial who currently works as a PPP loan consultant to businesses. Mr. Nordham further stated, “A proper investigation by authorities could shed light on possible nefarious conduct by Banner Ford, these are serious allegations and the U.S. taxpayers deserve serious investigations”.
In addition, car dealerships in the U.S. were considered ‘essential businesses’ and never mandated by the government to close their doors and stop conducting business. This fact aside, car dealerships did initially see a major loss in revenue in the second quarter as a direct result of the lock downs and general consumer anxiety. However, when Congress injected over $1 trillion into the consumer economy through stimulus awards and generous unemployment payments, sales by car dealerships went through the roof as much of these funds were used by individuals to either purchase or upgrade their vehicles. In fact, car dealerships experienced such a windfall that currently there is a crisis due to lack of availability of used cars on the market and new car production continues to increase at record levels.
Banner Ford is a victim of their own greed, arrogance and incompetence. Allegations of extortion and manipulation of financial documentation to illegally secure government funds should not be taken lightly. Banner Ford needs to understand this is not their typical petty offenses of spot delivery scams and withholding vehicle state sales tax funds and license plates from individuals who have purchased vehicles from them. While violation of state law will likely result hefty fines and loss of licenses to sale vehicles in the future, fraudulently obtaining federal funds could result in long federal prison sentences. Some would argue this is karma, and the arrogance and greed of Steve Aertker, Joshua Spell and Walter Butler has finally caught up with them. Most would suggest they immediately start correcting their ways, following the law and conducting business in an ethical manner to mitigate any future consequences of their actions.
Prior to going into the specifics I think it is important to note that the Federal Trade Commission recently issued an official finding that, “SPOT DELIVERY” IS ANTICIPATORY THEFT AND ALWAYS VIOLATES THE TRUTH IN LENDING ACT".
Banner Ford utilizes the fraudulent, illegal and deceptive practice of something known as Yo-Yo Financing and or Spot Delivery. I was unaware of such a thing until I had the experience detailed below. Consumer's should be aware of this scam so they do not fall victim to these fraudulent and deceptive schemes and the public should certainly be aware to never attempt to purchase an automobile from Banner Ford in Mandeville, LA or to ever attempt to buy an automobile where Ivan Lopez or Joshua Spell. These two individuals should be in jail rather than working in a car dealership.
October 2, 2020
Through my years of experience dealing with car dealers I already know walking in that I am going to be dealing with salesmen and managers who will normally either have a cheap toupe or a fedora hat (typically the salesman has the fedora only because he cant afford the cheap toupe that most managers sport). When I walked into Banner Ford with a friend who was looking for a vehicle, nothing was out of the normal from what is typical.
The used car salesman, Ivan Lopez, of course knew nothing about the actual vehicle he was showing, but was an expert on the "etched windows", "nitrogen filled tires and the Ford care plan that guaranteed to get blood stains out of the seats if needed. So, it was no surprise when Mr. Lopez started his negotitations, in between worrying about having to go feed his dog, that all these great extras came with an additional $900 price tag. I also was a little taken aback, but not totally shocked, when Mr. Lopez was filming us looking at the vehicle to send to another potential buyer for which I assumed was an attempt to start a bidding war.
Anyhow, when the negotiations started on financing the vehicle my friend, who does have sub-prime credit, informed Mr. Lopez that she had secured pre-approved credit from a bank to purchase the vehicle, but Mr. Lopez informed her that he could get her much better terms through one of Banner Ford's associated lenders and it was "much easier" to do it this way. She agreed filled out a credit application, provided Mr. Lopez with all the information he requested and told Mr. Lopez that she was prepared to put down $2500 towards the purchase of the vehicle. He took this information to his manager and came back with "great news".
He told her that Global Financial Services had agreed to finance the loan contingent on her ability to put a little more money down and that he was not going to be able to provide her the $900 worth of "extras" she never wanted in the first place (Im not sure, nor did I see if in fact he went and replaced the nitrogen in the tires with regular air). She agreed to put down $3500 and to a 54 month term at a usury interest rate and after another visit to the manager Mr. Lopez, whose primary conern was still that he needed to leave to feed his dog, returned with the great news that Global Financial had accepted the terms and the financing was done- just had to go next door to the finance department and sign the paperwork and she would be on her way with her new vehicle!!
Mr. Lopez then escorted over to the finance office to sign the paperwork where a Mr. Walter Butler with the finance department informed the buyer of more great news!! He had "worked things around with Global Financial" for her and was able to get her an even better APR lowering her monthly note. He even informed her he was able to "work his magic" and get them to throw in GAP insurance with the "deal" (of course we learned later that he also threw in another $900 on the bill to cover this gap insurance). Buyer was explained that Global financial had funded her loan and was informed of the interest rate, her monthly payment amount and when the payments were due, and all she had to do was sign when prompted in the electronic signature box on his desk as he cycled through all the documents she was signing on his computer that the screen was facing him and not viewable by the buyer.
The buyer was not informed of what she was signing nor was she given an opportunity to review the documents she was signing. After buyer handed over her $3500 down payment the deal was "done". Buyer was provided with page 1 and 2 of a six page contract and a copy of the Banner Ford Purchase Agreement. "Done deal" and buyer was instructed to return to the used car lot to meet her salesman and get her temporary tag as well as obtrain full coverage insurance on "her" vehicle.
"The Switch" As the buyer was backing out to head to the used car lot a Banner Ford representative came running out and told her a "mistake" had been made on her paperwork and she needed to come back and sign for everything again. once she was inside she was told again just to sign sign sign on the electronic key pad and the only explanation Walter Butler provided was that he had negotiated a lower interest rate with Global Financial and she was signing for this lower interest rate, but come to find out a week later what she was signing was another RISC but this time and without disclosing this to her they slipped in a spot delivery addendum which stated that if Banner Ford could not obtain financing she had to return the vehicle. Again, she left with only a copy of page 1 and 2 of a six page contract and certainly was not provided a copy of this new Addendum.
Buyer then proceeded back to the used car lot where she had to wait on Ivan who had left to finally feed his dog. When he finally returned and the title was done with Global Financial as the lien holder and she was provided a temp plate and title which based on this information buyer obtained full coverage insurance in her name for her car. Finally after 4 or 5 hours buyer left in her new vehicle she had just purchased.
Fast forward about a week later and enter the Yo-Yo and the Joshua Spell the general manger with the bad toupe who looks exactly like Mickey Abbott from seinfeld. Buyer receives a phone call from Ivan informing her that her financing- which she had already been approved for meeting thier requirements for more money down and a higher interest rate had fallen through. Buyer was told she had to provide the lender, who had already approved her and she already signed a contract with needed more information to approve the financing, buyer provided this information which resulted in another phone call requiring more information. Since the buyer had already been approved by Global Financial and signed a contract with them she was not interested in playing these needless back and forth games. Buyer pointed out that the contract, or at least what was disclosed to her, and the copies of what she signed was provided for her contained a truth in lending clause and also that all deals were final.
She was then informed that there was a seperate "Spot Delivery Addendum" that she had signed and she needed to either provide the information or return the vehicle she had already purchased. She was also threatened by Joshua Spell that she either provide the further information requested or return the vehicle, Mr. Spell went on to further threaten her that if she did not immediately return the vehicle he would contact the St. Tammany Parish District Attorney and seek criminal charges against her for fraud.
Buyer immediately requested a copy of this "addendum" and alll of the paperwork she blindly signed to purchase the vehicle. She was origionally told that could not be provided because the paperwork was "locked in someone's office who was out for the week". Knowing this was a lie she demanded copies of the contract and all other paperwork and the next day received an e-mail with a hodge podge of incomplete documents compiled together in a way that clearly shows that some of the documents were fabricated and her electronic signature had been imposed on them. Buyer has since then demanded a copy of the all the documents and has been denied to see them or completely ignorned.
They are continuing to ignore her requests and as Banner Ford has indicated earlier it is their intention to reposses what they claim is their vehicle and cast her with the costs of the illegal recovery and rental fee for the use of the vehicle she purchased but they claim belongs to them.
This is the most unethical, fraudulent and illegal transaction I have ever witnessed in a business transaction. The whole ordeal was a scam from the get to just to keep her down payment and take the vehicle back and sale it agian.
No one should ever do business with Banner Ford and Ivan Lopez and Joshua Spell should face state and federal criminal fraud charges. And if being a bottom feeding scumb bag was a crime they would lock them up and throw away the key.