State v. Christy Pontiac-Gmc, Inc.,

354 N.W.2d 17 (1984)

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Nature of the Case

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Facts

Christy (D) is a Minnesota corporation, doing business as a car dealership. James Christy is the sole stockholder, who serves also as president and as director. General Motors offered a cash rebate program for its dealers. A customer who purchased a new car delivered during the rebate period was entitled to a cash rebate, part paid by GM and part paid by the dealership. GM would pay the entire rebate initially and later chargeback, against the dealer, the dealer's portion of the rebate. Phil Hesli was employed by D as a salesman and fleet manager. James Linden took delivery of a new Grand Prix for his employer, Snyder Brothers. Although the rebate period on this car had expired on March 19, the salesman told Linden that he would still try to get the $700 rebate for Linden. Linden was told by D that GM had denied the rebate. It was also discovered that Hesli had forged Linden's signature twice on the rebate application form submitted by D to GM and that the transaction date had been altered and backdated to March 19 on the buyer's order form. Hesli signed the order form as 'Sales Manager or Officer of the Company.' Gores purchased a new Le Mans, taking delivery the next day. The rebate period for this model car had expired on April 4, and apparently, Gores was told he would not be eligible for a rebate. It was discovered that D had submitted a $500 cash rebate application to GM and that Gores' signature had been forged twice by Hesli on the application. It was also discovered that the purchase order form had been backdated to April 3. This order form was signed by Gary Swandy, an officer of D. The buyers learned of the forged rebate applications when they received a copy of the application in the mail from D. The Attorney General's office made an inquiry. D contacted GM and arranged for cancellation of the Gores rebate that had been allowed. Phil Hesli was found guilty on the count of theft for the Gores transaction and was given a misdemeanor disposition. D was indicted, and the appeal here is from the four convictions on those indictments.