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SUPERCHARGER FRAUD-LARRY GARCIA/NSX MODIFIED/BRAD SWISHER

Joined
22 April 2001
Messages
125
Location
West Palm Beach, Florida
In November, I posted a warning to anyone thinking of dealing with Larry Garcia or having their car serviced at NSX Modified in Huntington Beach, CA. The story began as one of shoddy workmanship, lies, and total inconsideration for the customer. It has since become considerably uglier and includes conspiracy to defraud by Larry Garcia and the seller of the supercharger, Bradley Scott Swisher. The San Diego City Attorney’s office informs me that felony fraud begins at $5,000 so this transaction would seem to fall into that category. The facts are as follow:

-In October, Bradley Scott Swisher advertised a Comptech Supercharger for sale on NSX Prime http://www.nsxprime.com/ubb/Forum18/HTML/000765.html

In the ad he states:
“I have for sale a 13 month old Comptech Supercharger for sale. The kit is in excellent condition and only has about 7K miles on it. The unit is the 9psi. The only thing that I am not including is the fuel injectors as I need them for my other NSX.
Reason for sale is selling this NSX.”

In fact, this supercharger was sold by Comptech in August of 2000 making the unit over two years old. Further, the reason for selling was not that that an NSX was being sold-Swisher undoubtedly never had this unit on his NSX as he had just purchased it in September 2002. It is also highly unlikely Swisher kept the fuel injectors for another NSX since they were melted by an engine fire. The unit that Swisher sold me and tried to sell to the rest of us on NSX Prime was a FIRE DAMAGED SUPERCHARGER he purchased dirt-cheap from ERZ Motors in an Ebay auction in September 2002.

Before Larry and Swisher try to claim that this is a case of mistaken identity, they should consider that Comptech places their own hand etched serial number INSIDE every supercharger and maintain records of its sale. This unit can be traced from its sale by Comptech in August 2000 to a Maryland shop, Hi Tech Auto. ERZ Motors purchased the fire-damaged supercharger, headers and competition clutch from its Maryland owner. ERZ sold the supercharger along with Comptech headers and clutch in an Ebay auction to the high bidder, Gumania and shipped the unit to Mr. Brad S at Pann Auto Performance where Brad Swisher recently did some work.

As if further evidence were needed, Swisher turned out not to have the electronic fuel pump regulator unit. According to ERZ Motors, the NSX that had the fire damage was shipped to Europe without removal of the fuel pump regulator. Swisher further says (after the fact) that he repainted the SC unit 7 months before selling it to me because the Comptech decal faded. Lastly, when the unit showed up without the carbon fiber fuel rail covers, Swisher didn’t even know what they were.

As discussed in my original post, I hired Larry Garcia of NSX Modified to inspect the unit and verify that it was functional, complete and in the excellent condition which Swisher represented. For those familiar with legalities, this means that Larry and I had an agent/principal relationship and he therefore had a fiduciary responsibility (the highest possible level of responsibility defined by law) to act in my best interests. Apparently, Larry did not take this responsibility seriously and didn’t bother to convey to me such minor details as the fire damage, the condition of the fuel lines (which could easily have caused another fire) and the fact that numerous components were missing when he gave me his approval of the unit. The day after Larry gave me his approval, I wired the full asking price of $5,500 to Bradley Scott Swisher.

In fact, Bradley had hired Larry to repaint the unit and scrounge up some of the missing components. Since my first post, I have had phone and e-mail correspondence with people who have both witnessed various stages of the refurbishment process and heard from Larry the story of how he was not paid about $800 by Swisher for the repainting and mismatch of used missing parts which he gathered for Bradley. At one point, Larry even told me that Swisher owed him money and that he would never deal with the guy again. So much for honesty among thieves.

As mentioned before, Larry committed additional outright fraud through his failure to deliver the boost gauge and Split Second map sensor which he sold to me. This has never been rectified. In disassembling the SC unit after it was destroyed in the washer incident, I further found that the “new” RC fuel injectors, which Larry also sold to me, were discolored and very grungy, dry grease caked Kernan injectors. Add another $400 fraud to the list.

As if being a fraud weren’t bad enough, my single experience in dealing with Larry Garcia displays a pattern of inexcusable shoddiness that simply could not happen to a competent mechanic:

-The infamous washer. While it would be difficult to prove, short of forensic analysis, that this washer came from Larry’s shop, this aluminum washer of nearly one inch diameter could not possibly have come from my garage where the work was done but where cars have not been worked on previously. It is also far larger than any washers one encounters in the engine compartment while doing the SC installation.

-After removing the unit from the car, we found that the new Mobil One oil we had just put in the SC reservoir was a sickly color which we can only surmise is what happens when you mix oil with the solvent from a solvent tank, in which the unit would have been cleaned. (This would also provide a good opportunity for the washer to slip in after inspection of the unit’s function).

-We also discovered a gritty, oil sludge coating the portions of the intake manifold not readily visible. (Larry told me the manifold had been dipped in a solvent tank). It is probably lucky that this whole incident happened rather than having that sand textured grit eventually sucked into the engine.

-As if selling used fuel injectors as new wasn’t bad enough, they were filthy inside and out. Used injectors should at least be cleaned and flow tested to insure they don’t cause fuel mixture problems, a primary cause of catastrophic engine failure in forced induction cars.

In sum, of these four major incidents of shoddiness and apathy, two could have resulted in engine destruction, one in SC failure and one in the destruction of both. Little wonder that one of the most knowledgeable NSX people around told me he had straightened out numerous Larry Garcia messes and that “The guy shouldn’t even be allowed to own a set of tools”.

Since posting the original story, I heard of an extremely similar story of substantial fraud from Len 3.8. A quote from one of his posts is worth repeating here as numerous people seem to end up pulling their hair out over Larry’s business practices: “Understand this He DOES NOT return phone calls, He does not pay attention to your time frame, He tells you that he will do something putting you on the hook to the point of very little alternatives than he does not deliver. (basing this purely on First hand knowledge) He may be a brilliant mechanic/NSX tech, (editor: But then again he may not be!) but that does not mean a damn thing when you or your car is in limbo and he won't answer calls and has your damn parts. (Maybe he doesn't and is waiting to get them from you guys that he takes care of so quickly when you just drive up). His business practices are a joke.” The problem seems to extend beyond the telephone. One person told me Larry was four hours late showing up for a scheduled appointment.

It also seems highly likely that Larry is operating an unlicensed repair facility. The Automotive Repair Enforcement Unit can find only a license which expired two years ago when searching under NSX Modified, the address of Larry Garcia's business and under Larry's name.

Last, I would like to thank all of you in the NSX community who have expressed your support, particularly those who let me know they had witnessed the refurbishment process at NSX Modified. I owe further gratitude to Mark Basch for the considerable time he spent helping me over the phone, for his attempt, without charge, to salvage the SC unit and for discovering that the pulley supplied was dangerously undersized. And, most of all, I would like to thank Bob Lionti and Shad over at Comptech for their efforts in helping me sort through this box of rocks (no part of which could be trusted under the circumstances) and for substantially discounting the new SC unit and bundle of components needed to finish the job. When this level of service is provided to someone who didn’t even purchase a supercharger kit new from Comptech, you know you’re dealing with a quality, customer oriented organization.

When the original version of this story was told, it was a very hot topic until the thread was eventually moved over to the vendor forum where it received far less visibility. It might be understandable to protect a vendor if there is an honest mistake. However, given the fact that we are now dealing with material fraud by two individuals who deal with NSX Prime members, I don’t believe this subject should not be relegated to a less visible area.
 
I am symphatethic with your situation. And I 100% agree that Comptech have awesome and oustanding customer service and personel. Shad and Bob are great and have helped me numerous times as well. Not to mentioned all their products are very well made and works great.

However, I do not agree with your last statement, implying Lud moved your previous thread to Vendor section because he trying to protect a vendor. Lud is very fair and I think he is right by moving it to each section where it is belong. You can't go pursue civil court at criminal court, can't you?
 
Wow,

This is quite a saga. I have been following it since you started posting about it.

I hope you are persuing legal action.

I bought a used Comptech supercharger a few months ago. Thank goodness I did not have the problems you have had.
 
I am sooo glad that JSecrest has made these happenings public. I was considering giving up my nitrous and going with Larry's turbo kit. I would never want to do business with this kind of person and I definetly appreciate getting the heads up.

(response to greggv deleted by admin)

[This message has been edited by SNDSOUL (edited 04 January 2003).]

[This message has been edited by NSX Prime (edited 04 January 2003).]
 
I dont know the real story behind everything, but in MY Case, I am not rich and would NEVER EVER wire even $1000 let alone $5500 cross country, to someone you have NEVER MET- if you have $5500 to spare, which in this case, does not, the situation can turn ugly.

Just protecting myself..its way too much money to let just go, I would much rather save and buy locally.
 
5inch,

People send money all the time to people or companies they've never met. How else can you purchase anything?

I don't know of too many companies that will send you product without first getting the money.

No, the problem here, is that someone trusted someone else and was let down.

-Jim

------------------
1992 NSX Red/Blk 5 spd #0330
1991 NSX Blk/Blk Auto #3070 (Sold)
1974 Vette 454 4 spd Wht/Blk
1976 Honda Accord 5 spd, 3 door Blue/Blue
1977 Honda Accord - Custom - Under Construction
2003 MINI Cooper S - On Order - All Black
1986 Chevy Suburban
http://homepage.mac.com/jimanders/PhotoAlbum1.html
 
JSecrest, you did a right thing. These kind of people should be put in jail or out of business. You should try to get couple more victims from NSX Modified fraud list and file a class action suit. I know couple friend who are lawyers located in Los Angeles area. If you need any help, just email me.

------------------
porschett.JPG


Super Xenon
 
Originally posted by JSecrest:
When the original version of this story was told, it was a very hot topic until the thread was eventually moved over to the vendor forum where it received far less visibility. It might be understandable to protect a vendor if there is an honest mistake. However, given the fact that we are now dealing with material fraud by two individuals who deal with NSX Prime members, I don’t believe this subject should not be relegated to a less visible area.

I am very sorry for your situation. However, I need to clarify a few things based on your comment above.

First, all vendor issues like this belong in the Vendor forum. I think that is clear, particularly after I moved your previous post. This forum structure was set up with the input of the forum members. If people think it should be changed, we can discuss that, but we WILL use whatever structure we have agreed is best. I am ALWAYS open to suggestions in the NSX Prime Dicussion forum.

Second, I am not "protecting" anybody. I frankly resent that implication and would like to see you offer a retraction. I go out of my way to stay neutral on all vendor issues, even when I do have a relationship with a vendor (which does not include Larry, who I have never met or done business with). I stay out of ALL vendor issues here, even when I would really like to comment on them, precisely so nobody will think I am abusing the fact that I'm the administrator of the system. My only function in vendor disputes is to make sure everyone abides by the rules of the forum (see the PS below..)

If you like, you are welcome to post a BRIEF note in the General forum directing people to this thread in the Vendor forum. In fact, I will go do it for you. Please use this method in the future instead of posting your initial message in another forum.

If you or anyone else would like to discuss this further, please do so in the NSX Prime Discussion forum.

P.S. greggv - Your message has been deleted, along with all the replies to it. If you can't post without personal attacks, don't post here.

[This message has been edited by Lud (edited 04 January 2003).]
 
Originally posted by topdaytrader:
JSecrest, you did a right thing. These kind of people should be put in jail or out of business. You should try to get couple more victims from NSX Modified fraud list and file a class action suit. I know couple friend who are lawyers located in Los Angeles area. If you need any help, just email me.


I am not sure how you can file a class action suit on "one special case", unless there are a bunch of other people had the exactly same experience as JSecrest (used fire damaged blower,...). If the judge has to look into all the cases seperatly, then this case won't qualify as a class action suit.
 
That is awful. I have been following it and will continue too. Would like to know the outcome of it. If you are going to be kind enough to let the rest of the family know.

------------------
ALL NSX
92 RED/BLACK 5-SPEED
 
Originally posted by NSX Prime:
Second, I am not "protecting" anybody. I frankly resent that implication and would like to see you offer a retraction.
[This message has been edited by Lud (edited 04 January 2003).]
I in no way meant to offend your with my comment and will certainly retract it. I appreciate your tremendous efforts in keeping this board civil, informative and one of the best on the web. I was actually saying that a vendor who has an honest misunderstanding should not necessarily receive the level of exposure they might recieve in the General Discussion forum. So while that was not your intent in moving the original posts, I would understand why such a policy might exist.

Larry Garcia and NSX Modified literally deal with NSX Prime members everyday. What I was trying to say is that when a pattern of fraud of this magnitude emerges, my personal opinion is that NSX Prime members should be warned in the most prominent manner. (Frankly, people should also know about his pattern of shoddy workmanship and horrendous business practices). I spent an inordinate amount of time on an unpleasant subject preparing the facts to be able to warn them in no uncertain terms. The responses so far seem to indicate that the warning is greatly appreciated.

Also, a significant portion of my post related to Bradly Swisher who is not a vendor but who had the audacity to attempt to defraud all NSX Prime members. He represents a clear danger to anyone who might deal with the guy.

Since General Discussion receives twenty times the number of posts as the vendor forum, that would be the location which would warn the greatest number of members about both Brad and Larry. That was the reason I requested that the exception to the general rule and that thread remain under the General Discusison forum.

I appreciate the link you posted in the General Discussion Forum. Unfortunately, that solution has a major shortcoming. Since replies cannot be made to your link, there will initially be no indication of this topic receiving replies or being a hot topic. Worse, after just half a day, it has already virtually been pushed out of view by newer posts. The unfortunate result is that while administrative proceedures are now being maintained, perhaps 95% fewer NSX Prime members will ever see the warning. That virtually guarantees that people will end up dealing with these guys who could have otherwise been fairly warned.
 
Originally posted by JSecrest:
Since General Discussion receives twenty times the number of posts as the vendor forum, that would be the location which would warn the greatest number of members about both Brad and Larry. That was the reason I requested that the exception to the general rule and that thread remain under the General Discusison forum.
[/B]

Don't assume that just because the General area gets many times more posts it is any more read then the Vendor Support & Announcements area.

BTW - sorry about your experiance. I remember the super on Ebay well as well as the private sale on this forum and had bid on both at a much lower level.
 
Thank you for the retraction. As I said I will be more than happy to discuss this in detail in the NSX Prime Dicussion forum, but not in the middle of this thread.
 
Just because you don't get replies don't assume others aren't reading. Some of us just don't have anything to say about it. There are always two sides to a story.

Thanks for the warning.
 
I for one am greatful to read these kind of warnings. I appreciate that your misfortune may allow me to escape the same fate. For that I am indebted to you.

I hope you have the energy and finances to burn these parties as much as possible. If you need a contribution to your legal fund, email me and I'll send you $100. I feel very strongly about preventing this sort of fraud, and punishing those who choose to do so.

MikeC
 
What is most interesting is there has been no defensive counterpoint. I always wait to hear both sides of the story, but there doesn't seem to be a alternate side to this one. Of course, this only confirms a lot of fears. Mostly, I feel sorry for you JSecrest. To often I feel I have been robbed on the quality of used products I've bought from others, but nothing has come close to your horrible experience. And to pay such a high figure for all this let down and trouble. Terrible!
 
Originally posted by Juice:
What is most interesting is there has been no defensive counterpoint. I always wait to hear both sides of the story, but there doesn't seem to be a alternate side to this one. Of course, this only confirms a lot of fears. Mostly, I feel sorry for you JSecrest. To often I feel I have been robbed on the quality of used products I've bought from others, but nothing has come close to your horrible experience. And to pay such a high figure for all this let down and trouble. Terrible!
To the community:

I apologize, My absence in my own defense has done nothing but fuel the fire of Jsecrest. The problem with this situation is that the only remedy that would be responsible for me to peruse was not an option for mr. secrest. The fact is that I don't take to threats well. When someone says "Send me a new supercharger or I will trash you on the Internet" The only thing I can do is say fine. I have selected to not respond any further to j's banter due to the fact that I am not at fault for his misfortune. I agree.....It is to bad but the fact is that I did not sell him this unit. Someone else did. If J is not happy with the assembly of the unit, Fine. If he is unhappy with the products that WE sold him I would be more than happy to give a refund upon receipt of the goods. What I will not due is send a working supercharger without the returned damaged unit. The fact is this. I DID NOT SELL HIM THIS UNIT. Therefore am not responsible for the units operation after installation. This unit worked, as it should in my shop. I have become the escape goat here and I am not happy about it. I did as I was asked.

Larry



[This message has been edited by F20C@NSXMODIFIED (edited 09 January 2003).]
 
I have a question for JSecrest.

Have you negotciated with Larry Garcia of how much you would like to settle this matter? Looks like you did and the dealing fell out? It seems odd why Larry seems angry about this matter. I would be the last person on earth to see this tragedy happen if I was the one who performed the prepurchase check on it. If you are looking to sue Larry for $5,000, I guess you did tried to ask Larry to settle this case for a high $$$$$?

You stated "the San Diego City Attorney office informed you that felony fraud begins at $5,000...and this case would seem to fall into that category."...

Is this a felony fraud case? Larry didn't sold you this unit (unless you can prove Larry knew about this all along, which came to this result).

I not leaning on any of the side of story here. I am very sorry to hear about your car.
 
Larry's reply is so pathetic it strikes me as as an admission of guilt on all aspects. He does not address any of the three fraud issues nor any of the issues of shoddy workmanship. (I am now trying to determine whether my heads need to be pulled because of the grit that was in the manifold which came with the supercharger. Larry claims the manifold was dunked in a solvent tank. Since the car ran a total of 30 seconds, some possibly got into the cylinders).

Originally posted by nsx2000:
I have a question for JSecrest.

Have you negotciated with Larry Garcia of how much you would like to settle this matter?

If you happened to catch my original post on this topic in the following thread, Larry's continual lies exhausted an abundance of patience: http://www.nsxprime.com/ubb/Forum13/HTML/000340.html
Its hard to believe, but at the time of my first post, the only known fraud was the failure to deliver two parts purchased directly from Larry. These were worth only about $100 and Larry apparantly felt his reputation wasn't worth even that much. Any reputable person would have shipped those parts in a heartbeat.

Originally posted by nsx2000:
Larry didn't sold you this unit (unless you can prove Larry knew about this all along, which came to this result).

I not leaning on any of the side of story here. I am very sorry to hear about your car.

Absolutely true that Larry didn't sell me the unit. He was hired primarily to inspect it, then to personally supply me with needed parts. He provided an inspection report that was totally false by witholding the fact that the unit was fire damaged and incomplete even as he was agreeing to repaint it for the seller. (In other words, he did know about it all along).
Of the three parts I purchased directly from Larry, two didn't arrive and the other arrived used vs. new.
 
To further reply to Larry's post, how can I return the parts you didn't deliver?
As for exchanging the supercharger, I offered in the previous thread to do so through any reputable intermediary. Mine is so useless, I left it with Mark Basch so he can have a model to show people. I since purchased a new unit from Comptech.
 
JS,

You might have a case here but make sure you gather all the evidence to build your case against Larry. The reason I say this is...Larry is not posting much of his side of story and he might be saving it for a reason. You have exposed your story too openly and all your questions you might want to ask him in court are pretty much here. I know Larry will have great answers for you when you go to court. I can bet Larry had already asked for legal advises and will go all the way with you to the court. He knows how this case will turn out and he might also have some surprise questions for you in the court of which you might not be able to answer.

If Mr. Basch is the person gave you the follow up mechanical advices, then Basch will also have to call to the witness stand. The judge will not listen to you about the mechanical issues because you are not a qualified mechanic. Since you will have to go to S.California to sue Larry, this will take you a lot of time and effort.

So...make sure you choose the correct person to sue to begin with. It wouldn't be a bad idea to change your target at the person who really sold you the unit. I never read Brad or Scott's ad post but it seems to me that they knew about what happened with the SC before hand and they tried to covered the fact that you should have known earlier. And this won't be hard to prove in court. If there were some people tried to fool you buying garbage, they are Brad or Scott, not Larry.

If you (or Mr. Basch?) can prove the washer was in the SC when Larry inspects the SC, then Larry does owe you an apology or even some kind of reimbursment. You have placed faith in Larry and he failed his mission. If this is the case, I wouldn't blame you for anything you have done on this forum. It is sad to see your nsx end up like this and I hope it will heal and becomes stronger again soon.



[This message has been edited by nsx2000 (edited 10 January 2003).]
 
Originally posted by nsx2000:
JS,

You might have a case here but make sure you gather all the evidence to build your case against Larry. The reason I say this is...Larry is not posting much of his side of story and he might be saving it for a reason. You have exposed your story too openly and all your questions you might want to ask him in court are pretty much here. I know Larry will have great answers for you when you go to court. I can bet Larry had already asked for legal advises and will go all the way with you to the court. He knows how this case will turn out and he might also have some surprise questions for you in the court of which you might not be able to answer.

(edited 10 January 2003).]

Keeping quiet may help Larry with this particular case but I don't think it is a great strategy. I suspect Larry's reputation on this forum is more valuable than whatever settlement JS is seeking. Already, how many posts have you seen from people syaing they will no longer consider doing business with NSXmodified? I'll wager that when Larry's turbo kit comes out, potential buyers seeking information on this forum will be repeatedly directed to this thread.
 
I bet that Brad or The Swisher probably paid Larry some cash on the side to cover up the fact that this supercharger was the burnt one from Ebay and try to refurbish it so that it will pass for a 13 month old unit. I read somewhere that Larry likes to be paid with CASH. This way there will be no paper trail. RED FLAG.

I mentioned in my previous responses about a serial number and sure enough, Jeff said that Comptech told them exactly when this unit was purchased and to whom it was sold to. After finding out about the history, Jeff was able to trace its movements as it eventually ended up in Bradley Swishers hands.

I remember that Ebay auction as I even placed a bid on it but did not win. Thank God! My guess is Bradley Swisher probably bought it from the high bidder and after seeing it, decided he did not want it. Bottom line, Bradley advertised it as a 13 month old supercharger that was in perfect working condition. That was all LIES. He should be held liable for FRAUD!

Now comes Larry Garcia into the picture. He is paid by Jeff to examine the supercharger and make sure it is in the condition that Bradley claimed it to be. Now how can anyone mistaken a burnt supercharger from an almost brand new supercharger? GREED! Money talks and that is why I think Larry probably negotiated a price to cover this up. Larry probably thought that he could make the burnt supercharger look and perform like new so that is why he was rebuilding it at his shop. Not to mention, Jeff also hired him to install new fuel injectors and put it all together so it will be an easy bolt on. With all these opportunities to make money, Larry couldn't say no. What he didn't think about was: there were WITNESSES that saw him working on a burnt supercharger. If that is not FRAUD, then what is?

To make things worse, Jeff paid him for new fuel injectors and not until he sent the unit out to Mark Basch did he find out that the injectors were not new. Again, Larry took money for something he did not do. FRAUD?

Larry Garcia's responses have been very poor and does not address the main issues. The only reason why Larry wants the damaged supercharger back first before he sends out a working one is probably because he wants to eliminate the EVIDENCE that could put him away. With Jeff's receipts on what was suppose to be done at NSX Modified, and with the damaged supercharger for examination, one should be able to conclude that Larry did not perform his duties properly nor ethically.

I have learned alot from this whole dilema and I am very sorry that Jeff had to be the person who got the short end of the stick. I was in a position to purchase this supercharger but didn't feel comfortable after a couple of e-mails from Bradley Swisher. I talked to Jeff over the phone and I KNOW he is a very honest and ethical person. I am so glad that you finally got everything together and your car is running again. Now you should still persue legal action. Good Luck!
 
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