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  #1861  
Old April 9th, 2015, 08:56 PM
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'86 110
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Wow.... Mucho props, Will. Karma will be your friend.

Tremendously high character move.
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'86 110

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  #1862  
Old April 9th, 2015, 09:14 PM
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Good luck Will, and thanks for your efforts.
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  #1863  
Old April 9th, 2015, 09:21 PM
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Chris Davis
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Thanks Will---I respect what you are doing and wish you all the best in your new endeavors!
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  #1864  
Old April 13th, 2015, 11:35 AM
DJExfed
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Danny Johnson
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fishEH asked, "OK, so why were these trucks being taken?"
There is a lot of misinformation on this issue. Please don't shoot the messenger.
I retired from CBP last year. I was responsible for enforcing, in the busiest port in the U.S., among many other things, the examination of motor vehicles. As a matter of fact I generated the enforcement of DOT/NHTSA and EPA import regulations as they relate to LR Defenders and several other non-conforming but supposedly over 25 year-old motor vehicles.
The short answer is, they were illegally imported. Now for the log answer: I found that in many cases the new owner was not culpable. They were a victim of their exporter/supplier. In those cases the vehicles were usually excluded re-exported back to the source. But that was port policy where I was stationed. Other ports may go to seizure and let DHS Fines Penalties & Forfeitures deal with the mitigation.
Most of the seizures of Defenders were as a result of the British or European, usually from the Netherlands, having VIN switches on later that 25 year old vehicles, non-original engines and some other issues that made the vehicle inadmissible for import. Some of the Defenders were as late a 2012 models. Some had VIN codes that indicated they were originally delivered with J19 engine but were fitted with later turbo Diesel or petrol engines. Again, that made them illegally imported and inadmissible. If a vehicle had a VIN switch, CBP and Homeland Security Investigations (HSI, formerly ICE) cannot identify whether the vehicle was stolen or built from "Chop Shop" stolen parts. Those vehicles are usually destroyed for that reason.
One of you mentioned, "Keeping the vehicle in a different place than where they are registered." If the vehicle was found by DHS or other authorities, it would show probable knowledge and intent to conceal. That would constitute FRAUD and elevate the issue to a criminal investigation to determine criminality. Customs and Environmental specialist Attorneys charge upwards of $200 per billable hour. Most fines for first time offenders are mitigated as low as 10%. It's your choice.

85Red110 said, "DHS Special Agent Nameless has stopped answering my emails regarding its status." that's because, once the vehicle is seized the responsibility is turned over CBP fines, Penalties and Forfeitures. 85Red110, or any of rest of you that had vehicles seized by DHS, should have received a seizure notice with and a FP&F case number and instructions on filing a Petition for Relief. If you don't file a petition the vehicle would be forfeited.

That was the facts as I know them. I was on the job for twenty-five years. Also, that special agent does not have a quota and is not, "FIGHTING FOR HIS JOB." You don't want his or her job. They have little private life. They have to deal with things like Internet child pornography, drug smuggling, International cybercrime and terrorism.
One last thing, if you are in the process of importing a Defender of any other 25 year exempt vehicle, the date of manufacture includes the MONTH and year. If your vehicle was manufactured in September of 1990, do not import it before September.

I hope was able to answer your questions.
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  #1865  
Old April 13th, 2015, 11:58 AM
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Kent
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I have never received any paperwork/official documentation whatsoever from any federal office in regards to the seizure of my vehicle. Yes, I have brought that fact to the attention of the DHS agent I have been in contact with. As far as I am concerned, it's no different to me than if someone simply stole my truck.
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  #1866  
Old April 13th, 2015, 12:05 PM
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Quote:
Originally Posted by DJExfed View Post
The short answer is, they were illegally imported.
Guilty until proven innocent. Judge, jury and executioner.

Lack of due process is the problem. The government has provided no proof prior to or after seizure that these vehicles were illegal.

The filing that is posted in this thread has obvious incorrect information within it. Creating legal documents with obvious false information should be what is considered fraud.
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  #1867  
Old April 13th, 2015, 12:10 PM
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Dale
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First, start big fire- then add gas to it!! Like watching a NAS90 with old oil cooler lines...



This should get interesting quickly!!
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  #1868  
Old April 13th, 2015, 12:12 PM
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Quote:
Originally Posted by DJExfed View Post
As a matter of fact I generated the enforcement of DOT/NHTSA and EPA import regulations as they relate to LR Defenders and several other non-conforming but supposedly over 25 year-old motor vehicles.
Well then, you're meaningless and don't belong on this website.


Go back to your cave.
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  #1869  
Old April 13th, 2015, 12:16 PM
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Quote:
Originally Posted by DJExfed View Post
One last thing, if you are in the process of importing a Defender of any other 25 year exempt vehicle, the date of manufacture includes the MONTH and year. If your vehicle was manufactured in September of 1990, do not import it before September.
This is actually one of the main issues. That is the case NOW. As I understand it, that was not the case at the time these vehicles were imported. Customs agents at the time simply wanted to know the year of the build and let the vehicle in, knowing full well the age of the trucks. Years later you are seizing them because they were a month or two too young at time of import.

The original custom agent's ruling at time of import should be what stands for the truck being legally imported. Deciding later on that you are no happy with the way the rules were enforced at the time is not fair to the imported or the owner.
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  #1870  
Old April 13th, 2015, 12:17 PM
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Mark Miller
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We have a saying in the south that covers this:

"Hit dog hollers..."
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  #1871  
Old April 13th, 2015, 01:38 PM
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This is exactly the case Red.

That said, I want to thank Danny (DJExfed) for coming on here and posting. Danny, welcome to our forum. Please ignore the guys who are telling you you don't belong here. They are reacting out of love for the LR marque.

I for one (and I'm sure others) are very interested to hear what other information you can provide, since you experienced this first hand and it sounds like you gave the unsuspecting customers the benefit of the doubt to the extent that you could.

Kudos to you for coming on here and posting openly about your role in this long and still unraveling story.

Understanding that the policy or law as enforced today requires the month and year (and day I would imagine of manufacture, do you have any comment on Red90's post above stating that things were done differnetly up until a few years ago? I also have first hand knowledge of the import law being enforced exactly as he describes. By model year only, with no regard for the month or exact date of manufacture.

Thanks, and again, welcome to Defender Source (though I'm sure you've been on here a good while...

And of course, congrats on your retirement. So, now that you are familiar with them, any plans to purchase one of Solihull's finest?



Quote:
Originally Posted by Red90 View Post
This is actually one of the main issues. That is the case NOW. As I understand it, that was not the case at the time these vehicles were imported. Customs agents at the time simply wanted to know the year of the build and let the vehicle in, knowing full well the age of the trucks. Years later you are seizing them because they were a month or two too young at time of import.

The original custom agent's ruling at time of import should be what stands for the truck being legally imported. Deciding later on that you are no happy with the way the rules were enforced at the time is not fair to the imported or the owner.
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Present:
1960 SII 109"- "Red Square"
1984 90 Tdi- "Yamelo"
1988 RRC- "Chewbacca"
1987 RRC- "Chewy 2"
2008 RRS SC- "The Supersofa"

Past:
1959 SII 88"- "The Little Green Beastie" last seen in NY
1972 SIII 88"- "GreenHELL" now in NC
1988 90 "Eric the Half a Bee" half a truck, sold for parts
1991 RRC- never got a name- long since recycled
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  #1872  
Old April 13th, 2015, 01:39 PM
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Chris
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Danny You might get the Salem witches treatment here, but at least you get a mention on Page 12, center column here: http://www.cbp.gov/sites/default/fil...ol4_issue4.pdf
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  #1873  
Old April 13th, 2015, 01:44 PM
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Will Hedrick
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Quote:
Originally Posted by DJExfed View Post
fishEH asked, "OK, so why were these trucks being taken?"
There is a lot of misinformation on this issue. Please don't shoot the messenger.
I retired from CBP last year. I was responsible for enforcing, in the busiest port in the U.S., among many other things, the examination of motor vehicles. As a matter of fact I generated the enforcement of DOT/NHTSA and EPA import regulations as they relate to LR Defenders and several other non-conforming but supposedly over 25 year-old motor vehicles.
The short answer is, they were illegally imported. Now for the log answer: I found that in many cases the new owner was not culpable. They were a victim of their exporter/supplier. In those cases the vehicles were usually excluded re-exported back to the source. But that was port policy where I was stationed. Other ports may go to seizure and let DHS Fines Penalties & Forfeitures deal with the mitigation.
Most of the seizures of Defenders were as a result of the British or European, usually from the Netherlands, having VIN switches on later that 25 year old vehicles, non-original engines and some other issues that made the vehicle inadmissible for import. Some of the Defenders were as late a 2012 models. Some had VIN codes that indicated they were originally delivered with J19 engine but were fitted with later turbo Diesel or petrol engines. Again, that made them illegally imported and inadmissible. If a vehicle had a VIN switch, CBP and Homeland Security Investigations (HSI, formerly ICE) cannot identify whether the vehicle was stolen or built from "Chop Shop" stolen parts. Those vehicles are usually destroyed for that reason.
One of you mentioned, "Keeping the vehicle in a different place than where they are registered." If the vehicle was found by DHS or other authorities, it would show probable knowledge and intent to conceal. That would constitute FRAUD and elevate the issue to a criminal investigation to determine criminality. Customs and Environmental specialist Attorneys charge upwards of $200 per billable hour. Most fines for first time offenders are mitigated as low as 10%. It's your choice.

85Red110 said, "DHS Special Agent Nameless has stopped answering my emails regarding its status." that's because, once the vehicle is seized the responsibility is turned over CBP fines, Penalties and Forfeitures. 85Red110, or any of rest of you that had vehicles seized by DHS, should have received a seizure notice with and a FP&F case number and instructions on filing a Petition for Relief. If you don't file a petition the vehicle would be forfeited.

That was the facts as I know them. I was on the job for twenty-five years. Also, that special agent does not have a quota and is not, "FIGHTING FOR HIS JOB." You don't want his or her job. They have little private life. They have to deal with things like Internet child pornography, drug smuggling, International cybercrime and terrorism.
One last thing, if you are in the process of importing a Defender of any other 25 year exempt vehicle, the date of manufacture includes the MONTH and year. If your vehicle was manufactured in September of 1990, do not import it before September.

I hope was able to answer your questions.

Mr. Johnson.

Good afternoon. I believe that I have had your name pass across my desk before. Correct me if I am wrong, but I believe that this is you identified in the link below:

Arkonik - Land Rovers, Range Rovers, 4x4 Vehicles for Sale

First, I assume that you are being paid by the above company for your "professional" endorsement. I believe you will find that the names "Land Rovers UK" & "Arkonik" carry a rather dubious reputation amongst many members of the Land Rover community. As such, I might suggest treading carefully when sharing your opinion in such matters in an open forum such as this one.

Second, as you are sharing your opinion in this matter, I take it that you have personal first hand knowledge of the vehicles that are the subject of this ongoing litigation? If so, please provide me with your address, contact information, etc., so that I may prepare a subpoena and notice of deposition to serve you with. If you are represented by an attorney, then please feel free to send me his/her contact information so that I may prepare the same to send to him/her. My email address is listed below.

Thank you for your attention to this matter.

William M. Hedrick
Attorney for 24 Claimants
Email: will@williamhedricklaw.com

P.S.- I am also sending the letter above to this email address, dj.autoart@gmail.com , which is listed as yours in the web link above.
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  #1874  
Old April 13th, 2015, 01:51 PM
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ouch
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  #1875  
Old April 13th, 2015, 01:52 PM
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David Frank
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ouch
Yup! It's on now.
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  #1876  
Old April 13th, 2015, 01:58 PM
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Brian Kandefer
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And just like that... The thread is rejuvenated, wonder if Bill Cox's should be allowed back just to get us to 3000...
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  #1877  
Old April 13th, 2015, 02:01 PM
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Interesting indeed. Greasing the skids so to say.
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  #1878  
Old April 13th, 2015, 02:04 PM
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Quote:
Much of what I learned about the identification of Land Rovers, I learned from Andy Hayes, CEO of LRUK
Well that is scary!!! Using known swindlers for a source of the information you are using to base import judgements....
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  #1879  
Old April 13th, 2015, 02:10 PM
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Bill Adams
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Will, FWIW, Danny put this email addy at the end of that fine bit of journalism...dj.autoart@gmail.com
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  #1880  
Old April 14th, 2015, 01:46 PM
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Danny Johnson
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Quote:
Originally Posted by C391HAT View Post
I'm still in shock. At 6:45 this morning Homeland security came and seized my 110...
All,

Yesterday I posted some information that got a lot of negative feedback. Some of you also gave me some very positive feed back and thanked me for the information, that was based on twenty-five years with CBP and over forty years in international trade. Most of the negative came from people that were venting anger in the wrong direction.

I have no personal knowledge of the facts and circumstances regarding the case at hand and that my comments were based on past experiences involving other imported vehicles in which I've assisted in the investigated.

As I said, I was trying to help. For those folks that think my previous job was a infringement of your FREEDOM, then they should have all of the counterfeit and dangerous auto parts that I helped keep out of MY country. One simple example of a counterfeit part is, oil filters with a counterfeit U.S. trademark on them that looked like the real thing but had no filter element in it at all. Think what that could do to your Defender.

If the majority of you want me to unsubscribe that's okay with me. I'd rather be racing or doing automotive art.

DJ
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