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174.

Sample Odometer Fraud Indictment

Some defendants replace odometers altogether, putting in a new low-mileage odometer, rather than rolling back the original odometers in vehicles. This indictment charges instances of such violations not only as odometer tampering, but also as violating provisions of the law that require specific procedures to be followed when replacing an odometer. See Count 16, charging conspiracy to commit violations of 49 U.S.C. § 32704 (in violation of 49 U.S.C. §§ 32703(4) and 32709(b)) and Counts 17 - 20 charging substantive violations of 49 U.S.C. §§ 32704(a) and 32709(b). Section 32704 requires that when an odometer is replaced, the new odometer must either (1) reflect the previous mileage, or (2) be reset to read zero - and a written notice must also be attached to the left door frame of the vehicle specifying the mileage before the odometer was replaced and the date of the replacement.

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[updated April 2009] [cited in USAM 4-8.310]