US v. Kenneth Wayne Elliott, John Graves, and Randall Tullis


This page lists current CPB case updates accessible to the public.

Note: Under the "Justice for All Act of 2004," crime victims have certain rights described here.

US v. Kenneth Wayne Elliott, John Graves, and Randall Tullis


NHTSA/Odometer Fraud (CLOSED)

Most Recent Update 7/13/07 (See end of document)

United States v. Kenneth Wayne "Whitey" Elliott, John
Graves, and Randall Tullis
, Criminal No. 03-CR-05023 (W.D. Mo.)

7/03 Update:

On July 9, 2003, Kenneth "Whitey" Elliott, John Graves, and Randall
Tullis were indicted by a federal grand jury in the Western District
of Missouri. All three defendants were charged with one count of conspiracy
in connection with a scheme to sell water-damaged vehicles without proper
disclosures. Elliott and Graves were also charged with specific counts
of mail fraud, wire fraud, and transportation of altered securities
as a part of that conspiracy. Elliott was further charged with mail
fraud and with three counts of transporting checks across state lines
related to the rebuilding of vehicles that had been wrecked. The press
release
issued by the United States Attorney's Office for the Western
District of Missouri can be viewed by clicking on the link.

The government is in the process of attempting to locate and advise
the owners of the vehicles of their legal rights and obligations.

Charges contained in the indictment are simply accusations, and not
evidence of guilt. Evidence supporting the charges must be presented
to a federal trial jury, whose duty it is to determine guilt or innocence.

11/03 Update:

No change in status, trial scheduled January 2004.

2/04 Update:

Trial date rescheduled to April 26, 2004.

7/04 Update:

On March 30, 2004, John Graves and Randall Tullis pled guilty to participating
in a fraud scheme to sell flooded cars without disclosing to purchasers
the cars' flooded condition. Specifically, Tullis pled guilty to one
count of conspiracy to sell flooded cars without proper disclosure,
while Graves pled guilty to the same conspiracy count and one count
of mail fraud. The press
release
issued by the United States Attorney's Office for the Western
District of Missouri related to Tullis and Graves' pleas can be viewed
by clicking on the link.

The trial for the only remaining defendant, Kenneth "Whitey" Elliott,
has been postponed due to Elliott's claim that he has a severe medical
condition which makes it impossible for him to participate in his defense
and stand trial. If the Court determines that Elliott is able to participate
in his defense and stand trial, the Court will set a trial date at that
time.

3/31/05 Update:

On March 9, 2005, Judge Richard E. Dorr ordered that the case against
the remaining defendant, Kenneth Wayne Elliott, would be transferred
to the Middle District of Florida for trial, due to the defendant's
health concerns. A copy of the court's order is here.

On March 29, 2005, the court in Orlando set the case for trial on the
court's May 2, 2005, trial calendar. Other cases are also on the calendar
for that day. Accordingly, if trial is not postponed for other reasons,
the trial may not actually begin on May 2, but could begin on some other
date in May. At the March 25 hearing, defense counsel for defendant
Elliott indicated that they would be seeking a continuance of the trial
date.

4/20/05 Update:

On April 20, 2005, Judge Anne Conway in Orlando continued the trial date from May 2, 2005, to October 3, 2005. Judge Conway also ordered that there will be a hearing on defendant Kenneth Wayne Elliott’s physical ability to stand trial on September 12, 2005, due to various medical conditions.

11/22/05 Update:

Judge Conway has ruled that Kenneth Wayne Elliott physically unable to stand trial on September 12, 2005, due to various medical reasons. Trial postponed indefinitely.

8/1/06 Update:

Trial is still postponed indefinitely due to the ill-health of the defendant. Another status conference has been scheduled for January 17, 2007.

7/13/07 Update:

On June 13, 2007, Kenneth Wayne Elliott pled guilty to conspiring to transport across state lines a falsely made car title related to a flood damaged car. After Elliott’s guilty plea, the court immediately sentenced Elliott to 1 year home detention, 4 years’ probation with the special condition that he exit the car business, and a $300,000 fine pursuant to a plea agreement between the government and Elliott. The court did not order restitution, finding that the number of victims made restitution impracticable.

Elliott also entered into a stipulated judgment with the United States in a separate civil case, United States v. Kenneth Wayne Elliott and Jackie L. Elliott, Case No. 07-cv-01155-GKS-KRS, in United States District Court in the Middle District of Florida. In the stipulated judgment, Elliott and his wife, Jackie Elliott, agreed to a permanent ban from the car business for the rest of Kenneth Wayne Elliott’s life. They also agreed to close their dealership, Jackie’s Auto Sales, and surrender the dealer’s license for their dealership. According to the stipulated judgment, Elliott has until September 7, 2007, to sell his used car inventory, after which he will be permanently banned from the car business. A copy of the stipulated judgment is available at this link.