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« on: November 26, 2008, 03:25:14 AM »
I can't speak to every state as each state can pass laws so long as they are not inconsistent with federal law. In Kansas, it is not a crime (violation of a state statute identifying a criminal offense) to stamp a VIN on a block. VINS on bodys, whether stamped or attached are another matter as federal laws apply - the VINS control title and can not be modified unless a salvage vehicle title is acquired in the case of a build and in that instance the title must reflect the fact. Back to Kansas. Stamping a VIN on a block is no different than creating a clone Z-28. The crime occurs when the person with knowledge of the fact misrepresents the fact in the sale of the car. However, this is rarely prosecuted as a crime because the trial of the case becomes a he said/she said liars contest and they just don't have the time or the resources to get involved in what would otherwise be a private action between two parties. The common venue is civil court seeking damages or recission of the contract. Most of the time, the action is brought pursuant a consumer protection act which provides for damages or civil penalties arising out of the fraud or misrepresentation - considered a "deceptive" or "unconconscionable" practice. The consumer can even recover attorney fees. Like Kansas, most states districit attorneys have a consumer fraud division and that division can bring the civil action as if it were a crime on behalf of the buyer. However, those offices generaly only prosecute those cases if more than one consumer is aggreived by a deceptive or uncosnciobale act of a seller. Long and short. most states do not have laws prohibiting stamping VINs on component parts and the states attorneys are reluctant to get involved inthe prosecution of cases where it is done to perpetuate a fraud.