Hollister
– A former tow truck operator facing dozens of felony charges
for abusing the small claims court system has been charged with an
additional 10 counts of perjury.
Hollister – A former tow truck operator facing dozens of felony charges for abusing the small claims court system has been charged with an additional 10 counts of perjury.
The amended felony complaint filed Tuesday in San Martin Superior Court against Vincent Cardinalli Sr., 64, bring the total number of charges to 99 against the Hollister businessman, several relatives and a former process server.
The initial felony complaint filed in June by the Santa Clara County District Attorney’s Office included 88 counts of attempted grand theft, forgery, and other felony charges, and one misdemeanor.
The criminal case grew from questions surrounding hundreds of small claims lawsuits filed by Cardinalli and his son Paul Stephen Greer, 30, in hopes of collecting towing and storage fees for their defunct towing businesses. Cardinalli’s A&R Towing operated out of Hollister under a number of different names until about 2004, the same year Greer’s B&C Towing, of Gilroy, was fired by the California Highway Patrol for what it deemed business practices bordering on the “criminal.”
Cardinalli and Greer turned their towing businesses into a legal gold mine, collectively filing nearly 2,000 cases in small claims courts over the past seven years in San Benito and Santa Clara counties. Those cases have served as the springboard for charges against the family, accused among other things of knowingly suing motorists who frequently had sold or donated cars years before they were towed, and in some cases had never owned the vehicle.
In the amended complaint filed Tuesday, Santa Clara County District Attorney Dale Lohman alleges that Cardinalli lied on court papers in 10 cases when he stated that A&R Towing has complied with business name laws.
The filing of fictitious business name statements is generally required by government agencies to ensure consumers can find the true name and address of a business owner. Courts require plaintiffs to certify they have filed the forms when they sue a person in the name of a company.
Cardinalli Sr. declined to comment Tuesday following a court hearing in San Martin Superior Court. Arthur Cantu, a Hollister attorney representing Greer, said he could not comment until he reviews the new charges.
“The process just started and I look forward to getting beyond the hype and seeing what the real facts are,” he said.
Greer has previously denied any wrongdoing in the matter and has vowed to fight the charges.
In addition to the father and son, there are criminal charges against Cardinalli’s daughter Rosemary Ball, 34; her husband Michael Ball, 37; and process server Jeffrey Horan, 51.
On Tuesday, all five defendants appeared before Superior Court Judge Hector Ramon to arrange for legal representation and set a new arraignment date of Aug. 21, when they may enter a plea.
If charged on all counts, Cardinalli faces 44 years of jail time. His son faces up to 29 years.
District Attorney Dale Lohman would not say if additional charges will be filed, but she said the investigation continues.
“We’re talking to people who have come forward as a result of the publicity,” she said, “and we encourage anyone else who thinks they may have been a victim of fraud to contact us.”
Anyone who believes they may have been defrauded should contact district attorney investigators Gil Vizzusi at 408-792-2993 or Dave Keneller at 408-792-2478.
