The Virginian-Pilot
©
NORFOLK
Navy Lt. Yahya Jaboori went off to fight in the Iraq war in the spring of 2007. When he returned to his condo complex in Virginia Beach, he discovered that his car was missing.
It wasn't stolen, exactly. It had been towed away and auctioned off.
In the first case of its kind in the country, the U.S. Justice Department stepped in and filed a lawsuit on Jaboori's behalf against the Norfolk towing company.
The lawsuit alleges that Aristocrat Towing, at 6539 E. Virginia Beach Blvd., violated the Servicemembers Civil Relief Act, which protects active-duty personnel from civil court actions, such as enforcement of liens, judgments and evictions.
Justice Department officials said in court papers and other records that Aristocrat may have preyed on other military members by enforcing storage liens without a court order. It is considering amending the suit to make it a class action.
"Our men and women in uniform make great personal sacrifices to protect our nation overseas and it is our responsibility to ensure that their rights are protected here at home," Grace Chung Becker, acting assistant attorney general for the department's Civil Rights Division, said in a prepared statement.
Jaboori deployed to Iraq on March 28, 2007, leaving behind his black 1991 Acura at Centre Green condos, off Wesleyan Drive, where he owns a unit. The car had its military decals and parking stickers on it.
According to the lawsuit, Aristocrat towed the car on June 6, 2007, to enforce a storage lien. The suit does not say who imposed the lien.
On July 28 that summer, Aristocrat sold the Acura at auction, the lawsuit says.
"Aristocrat may have injured other service members by enforcing storage liens on the vehicles of service members without court orders," the suit says.
The Justice Department sued Aristocrat; its parent company, B.C. Enterprises Inc.; and the company vice president, Earnest A. Cooper Jr. A woman who answered the phone at Aristocrat said Cooper would not be available until Jan. 5.
Messages left for Jaboori were not returned.
The department is seeking unspecified monetary damages for Jaboori and other active-duty service members who may have had their cars towed.
The department began enforcing the Servicemembers Civil Relief Act two years ago by order of the attorney general. It has been successful largely without litigation in stopping evictions and home foreclosures of active-duty personnel.
In one case, a landlord was convicted of a criminal charge and sent to prison for illegally evicting a service member's wife and child without a court order.
Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com
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Here is some interesting info. I know of someone who has been severely damaged by lies told by Aristocrat Towing employees and owner, Ernie.
Whether Ernie is/was in Vietnam, or any place else, serving the country, does not matter and is not relevant in this case. What matters is the truth. Not applicable to this DOJ case, but there are many more business partners Ernie does business with that are equally culpable - taking someone's 'word' that they have title to a vehicle would be important side note. Did Ernie lie to the Salvage company about having title to a car he wants to have crushed? Did Ernie receive money for having the car crushed - yes he did - $300 a car. Why would a salvage company takes Ernie's word - well they have been friends for 15+ years. In addition to this business practice, there are also some legal / political web's that need to be explored. Ernie's money may take him to Barbados every year for a month but the apparent anger that seems to eat him up inside is something money does not solve.
Towing
I doesn't matter if Ernie served in WWI and WWII, he is trying to make money like everybody else. I have had my run ins with this towing company and believe me Ernie, and his partners are no angels. Its good to see that they are getting what they deserved. The LT owned the property and had parking decals on his vehicle. They had no right to tow him. I'm in the military also, and I think they should have a little more respect.
Vietnam Veteran
I need to set a few things straight about Ernie Cooper and his partners at Aristocrat Towing. What isn’t being reported in this article are some facts regarding Ernie Cooper and his partners. Mr. Cooper is a Vietnam veteran. Ernie served his country for two tours in Vietnam equaling two years and seven months. He was a Beach Jumper. If you do not know what that entailed, please research the "US Navy Beach Jumpers" on the web. Ernie also served on the US Navy Swift Boats – the brown water navy. I know Ernie Cooper, and to even remotely insinuate that Ernie (or his partners) prey on military personnel is not only character assignation – it’s incorrect and wrong. Ernie has NEVER targeted the military while conducting business. On the contrary, I know Ernie to have always extended his generosity to help the military whenever possible, and to always conduct fair dealings in their regard. Mr. Cooper’s partners are also retired military men. Once again, to in any way insinuate that they prey on the military is also incorrect and absurd. One partner is a retired Master Chief and one is a retired Navy Captain. Mr. McGlone needs to include these facts in his article too.
TAKING RESPONSIBILITY
CONTINUED . . .
This Lieutenant chose to leave his vehicle on a private property, which had parking rules and regulations. The property owners had the car removed. Ernie followed proper and legal business procedures. The Lieutenant should have likewise, followed proper procedures and taken car of his personal business, like so many military do. This Lieutenant can’t take care of his vehicle, which tells me how he doesn’t take care of his men.
P.S. I notice Tim McGlone failed to include his military contribution to his country!
TAKING RESPONSIBILITY
I’m a retired Navy Senior Chief of twenty-one years. Nineteen of which were in Spec War. I’ve known Ernie for sixteen years, he joined the Navy, not drafted, and did two tours in Viet Nam as a Sand Jumper, and served on Swift Boats. When Ernie wasn’t checking San Pan boats during the night, he was running UDT commandos far up river to engage the enemy. I want people to know that Ernie has always had respect for the military and their families. He would never take advantage of them. I know on many occasions Ernie has gone out of his way to help military people.
Fact is, every military base in Hampton Roads has a secured parking lot free of charge for deployed military personnel while they are gone. When I was in the military, it was my responsibility, and only my responsibility, to ensure all my personal property, including my vehicle, was kept in a proper storage while I deployed. Also, before the military deploy, Commands ensure the secure lots are open to park personal vehicles, AND provide rides to deployment areas. On return, there are rides to take you to back to your vehicle. This Lieutenant chose to leave his vehicle on a private property, which had parking rules an
Good for them!
Our military deserves the best we can do for them since they make so many personal sacrafices for our freedom. I hope the Justice Department nails these criminals to the wall and that the jury is filled with former service members! This company STOLE this car--the owners should be in PRISON for this!
Hope the jury hits them hard. no excuse
Just read the government's complaint online. Imagine being in a foreign country on a tour of duty serving your country and having to worry about Aristocrat towing your car and selling it for profit. I hope the government doesn't settle this one. Good to see they requested a jury. The guy's deployment was only 179 days; so why has it taken the Justice department 15 months to file suit? He must have realized his car was missing last September.
Who Hired The Towing Company?
Going for deeper pockets...who hired the towing company and why were they towing owner's cars if they had valid decals. It seems to me that the management company is at fault for improper supervision of this rogue towing company!
More information is needed please.
Disgusting!
Says it all!
That's a good start
Now we need to only stop the two-bit JAG officers and prosecutors in the Jorge Bush and incoming Barack Obama administrations from prosecuting our troops and contractors while doing their jobs against our sub-human terrorist enemies.