PROVO — Two alleged kingpins of a self-described "Gypsy" crime ring are accused in 4th District Court of posing as licensed car dealers while buying cars from an American Fork car dealership.
It is not the first time that James and Frank Marks have been accused of questionable dealings in the automobile business.
Several members of the Marks family were charged last year in Davis, Salt Lake and Weber counties for allegedly selling and buying vehicles under the names of unlicensed businesses.
In the Utah County charges, the Marks brothers face 31 counts of communications fraud and one count of failing to pay taxes, all second-degree felonies. Both brothers also face felony counts of communications fraud and racketeering in 2nd District Court in Davis and Weber counties.
In the previous case, the Marks brothers are accused of making a deal to sell 119 vehicles to Menlove Dodge in Woods Cross, but delivered 90 cars — and only 45 of them had state titles. Those charges are still pending trial.
State motor vehicle and county investigators said the Marks brothers bought about 72 cars from the Doug Smith dealership in American Fork between May 1997 and April 1998.
Deputy Utah County Attorney David Wayment said both men posed as licensed auto dealers to avoid paying state sales tax on the vehicles.
During a preliminary hearing Wednesday, defense attorney Ron Yengich said the Marks brothers acknowledge they were not licensed auto dealers when they purchased the vehicles — but the state shouldn't be able to charge the two with felonies.
Wayment said the two are being charged according to the value of the vehicles.
Both face felony charges because each vehicle they bought is valued at more than $5,000.
Yengich argued that both should be charged on the taxes owed, which would reduce the charges to class C misdemeanors.
Although the bulk value of the automobiles reaches into the hundreds of thousands of dollars, Yengich said the taxes owed on the cars comes to somewhere around $5,000.
Judge Gary Stott postponed the preliminary hearing and ordered the prosecution and defense to submit their legal arguments in writing by the end of July.
Seven members of the Marks family, including the two brothers, have faced charges in Salt Lake as well as Davis and Weber counties for running what prosecutors call an "organized crime ring."
About 12 family members were arrested two years ago after a 20-month investigation into the family for allegedly buying and selling cars without a license.
E-MAIL: gfattah@desnews.com