Carjacking Charges Filed for Armed Repossession

Borrower Still Has the Car and Has Still Never Made a Single Payment – Attorney

Miramar, FL – August 7, 2024 – For all the positives of carrying firearms during a repossession, there are some negatives. Unfortunately, for the father of a used car lot owner, he found this out the hard way and now faces more than 12 years in prison for charges of armed kidnapping.

Erik Hadad, 58, of Aventura, the father of a man whose son owns a Miramar used car dealership is facing more than 12 years in prison after he tried to repossess a car for non-payment in the parking lot of a Miami Tri-Rail station last year.

With a handgun tucked in his waistband, he followed Schneider Jean Louis from Jean Louis’ home in Miami Shores to a Tri-Rail station parking lot at 3797 NW 21st Ave. in Miami on Dec. 19, 2023.

According to records filed in federal court, Jean Louis, 25, had made two payments on his silver 2020 Honda Accord, but both payments bounced, and the lender authorized the car dealer, Guru Auto Sales, to repossess the vehicle.

Guru, located on South State Road 7 in Miramar, is owned by Yarin Hadad, Erik Hadad’s son. The loan had an interest rate of 24.58%.

Jean Louis initially told police he did not know the elder Hadad or why he was being followed, according to police reports. At one point on the journey south, both cars stopped at a red light and Hadad got out to try to talk to Jean Louis, removing the vehicle’s paper temporary tag.

Jean Louis drove away and went to the parking lot, where Hadad caught up with him again. The first police reports indicate that Hadad showed Jean Louis his gun and ordered him out of the vehicle, snatched the keys and drove off in the Honda, leaving his own black BMW behind. Hadad brought the Honda to his son, who showed up in the same parking lot, according to the initial police report.

That first account of the incident left out many details that came to light as the investigation continued, including the bounced checks and the loan agreement between Jean Louis and Guru, according to court records. That agreement, signed in October 2023, authorized repossession if the buyer defaulted within the first 60 days of the loan.

Defense lawyer Russell Williams, who represents the elder Hadad, said his client identified himself to Jean Louis and never intentionally displayed his gun. According to Williams’ account in a motion to dismiss the federal case, Jean Louis didn’t even see the gun until after he voluntarily surrendered the key. Hadad removed Jean Louis’ other keys from the ring and took only the car key, Williams said.

Hadad’s son knew where to find his father because they were talking by cellphone during the drive from Miami Shores. When the Hadads had control of the repossessed car, they remained at the scene. Williams said they were waiting for a tow truck to take the Honda back to Miramar when Jean Louis called the bank that financed the loan, Guru Auto, a friend, and finally 911.

Police tried to question the Hadads, who declined to answer them, according to records. They were arrested and charged with armed carjacking by the Miami-Dade State Attorney’s Office.

Those charges were dropped two weeks ago after Jean Louis was questioned in a deposition. In that sworn statement, Jean Louis acknowledged ignoring repeated attempts by the dealership to contact him about the missed payments. He also said he did not know the car was being repossessed, despite the fact he called the bank and the dealership before calling police.

But federal carjacking and gun possession charges were filed against the elder Hadad in the spring.

“I think the government is trying to criminalize conduct that is not criminal. There was no intent to steal the car. They owned the car!” said Williams, whose account of the incident draws largely from Jean Louis’ deposition.

The car is still in Jean Louis’ possession, and no payments have been made, Williams said.

“Law enforcement is facilitating the theft of this vehicle from my client,” Williams said. “I just can’t get the prosecutor to see it that way.”

Federal prosecutors say the charges against Hadad are still valid and they intend to proceed with the case, according to court records. The trial is scheduled to start in October.

Kids don’t try this at home, and by kids, I mean car dealers. Just because you can, doesn’t mean you should. As the Eagle XX motto goes, “professionals hire professionals”.

Source: Yahoo