PROVO — Davis County prosecutors have refiled racketeering charges against two members of a so-called Gypsy family crime ring who also face 32 felony counts in Provo's 4th District Court.
Frank and James Marks face 31 counts of communications fraud and one count of tax evasion, all second-degree felonies, after allegedly buying 72 cars from a Utah County auto dealership while posing as licensed auto dealers from Wyoming in order to avoid paying sales tax.
In Davis County, prosecutors have refiled charges of communications fraud and racketeering after the brothers allegedly agreed to sell 119 vehicles to a Davis County auto dealership.
Officials from the dealership said only 90 cars were delivered and only 45 of them had legal state titles.
Investigators with the Motor Vehicle Enforcement Division said they had been investigating the family for several years because of suspicions that family members were working as auto dealers without a license.
According to a statement by the Utah State Tax Commission, 2nd District Court Judge Rodney Page dismissed the Davis County charges to give prosecutors a chance to re-organize evidence.
Two other family members — Willis Marks and Tony Marks — are charged with communications fraud in Davis County.
Defense attorney Ron Yengich, who represents Frank and James Marks, said the 4th District Court charges are too severe.
The Marks brothers are being charged according to the value of the vehicles, according to Utah County prosecutors. Both face felony charges because each vehicle they bought is valued at more than $5,000.
Yengich says they should be charged on the taxes owed, which would reduce the charges to class C misdemeanors.
Judge Gary Stott postponed the preliminary hearing and ordered attorneys on both sides to submit legal arguments in writing by the end of July.
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