BEDFORD — A Bedford man convicted in May of forging more than $230,000 in checks as part of a car dealership scam pleaded guilty to a similar crime Tuesday morning in circuit court.
Gary Dean Burks, 43, pleaded guilty Tuesday to 13 counts of petit larceny. Commonwealth’s Attorney Randy Krantz said that after a check-forging scam at Terry Volkswagen in 2004 and while Burks was being investigated, he went to work for Budget Buggies, a used-car dealer in Bedford where he began forging checks again in 2006.
Burks was sentenced to six months in jail in May after pleading guilty to 13 counts of check forgery in the Terry case.
Krantz told Judge James Updike that he agreed to reduce the forgery charges to petit larceny in the Budget Buggies case in exchange for Burks’ guilty plea and agreement to pay back the dealership an estimated $6,450.
Testimony in the initial Terry case was that Burks did not have permission to sign checks he used to buy used cars at auction. In this case, Krantz said, Burks was authorized to sign checks, but instead forged the dealership owner’s name on checks he used to pay himself a commission.
On the other hand, the prosecutor said, the matter was disputed and could have meant a drawn-out trial involving lengthy forensic accounting testimony. And, he said, a jury could have decided that the matter would best be judged as a civil matter.
Burks’ lawyer, Joseph Sanzone, said his client agreed to pay the money back in order to resolve the criminal case and move on with his life. Sanzone said Burks entered an Alford plea in which he did not admit guilt, but admitted the prosecutor had enough evidence to convict him.
He said Burks’ practice was common and that he intended no wrong, but has learned his lesson and will be sure to get financial policies with future employers in clear writing.
The judge agreed to suspend a 6½-year sentence as long as Burks doesn’t get into more trouble, repays the money and does not work in any fiduciary capacity for three years.
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