Affidavit: Fox Toyota employee pocketed money, forged signature

Fox Toyota president calls fraud scam...

EL PASO, Texas - Court documents obtained by the ABC-7 I-Team state a former Fox Toyota employee pocketed money from a customer and also forged a signature to hide his theft.

51-year-old Federico Gutierrez was arrested on Theft of Property and Forgery charges in April 2016. Police said he is one of seven men involved in "an elaborate fraud scheme conducted by associates and former employees of Fox Toyota."

Court documents state on April 5, 2016, Gutierrez accepted $8,377 from customer Jose Orozco to pay off Orozco's vehicle loan. Gutierrez then allegedly offered Orozco $28,000 to buy his vehicle for a total transaction of $36,377, documents state.

Documents further state Gutierrez, a former used car general sales manager at Fox Toyota, pocketed the $8,377 after the transaction and allegedly took the money to a Circle K at 1400 Lee Trevino. Surveillance video from the gas station allegedly shows Gutierrez purchasing $2,000 in MoneyGram money orders.

Gutierrez allegedly went to another Circle K at 113390 Montwood 10 minutes later. Video allegedly shows Orozco purchased $1,877 in MoneyGram money orders in that gas station, documents state.

The next day, Gutierrez turned in $3,877 in money orders and allegedly forged a buyer's order stating Gutierrez gave Orozco $32,500 for his car for a total transaction of $36,377,

Court documents reveal another dealership employee witnessed the original transaction when Gutierrez offered $28,000 to Orozco for his car.

According to court documents, on May 12, 2016 Gutierrez was confronted by Fox Toyota employee Barry Nestor about the discrepancy with the transaction.

Gutierrez allegedly denied purchasing the money orders, and instead said the orders were from Orozco and were left blank. Gutierrez allegedly said that's why he filled them out instead.

Court documents state that four days later, Gutierrez allegedly confessed to Nestor that he had purchased the money orders, but Gutierrez denied pocketing the money.

The complaint affidavit states Orozco's signature was forged on the buyer's order. "The vehicle value (in the buyer's order) is not the price offered to (Orozco). The change resulted in $4,500 less cash required to complete the transaction to pay off Mr. Orozco's loan," the affidavit states.

Six other individuals, including former Fox Toyota employees, were also charged in a fraud scheme. ABC-7 is working to obtain the complaint affidavits for the following individuals:

39-year old Mark Alvarez is charged with Engaging in Organized Criminal Activity (Theft >$20K  <$100K) and Engaging in Organized Criminal Activity (Theft >$25,000 <$30,000).

32-year old Miguel Silva was charged with Unauthorized Use of Motor Vehicle.

41-year old Cesar Valdiviez was charged with Engaging in Organized Criminal Activity (Theft).

44-year-old Luis Silva was charged with Misapplication of Fiduciary Property (>$30K < $150K).

36-year old Carlos Velasquez was charged with Unauthorized Use of Motor Vehicle.

34-year old Albert Vargas was charged with Engaging in Organized Criminal Activity (Theft).

51-year old Federico Gutierrez was charged with Theft ( >$20K <$30K) and Forgery.

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