COLORADO STATE GRAND JURY INDICTMENT

Transcription

1 COUNTY/DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO 1437 Bannock Street Denver, CO THE PEOPLE OF THE STATE OF COLORADO, Plaintiffs, v. ERNIE COLTER DOB: 6/8/59 Defendant. COURT USE ONLY JOHN W. SUTHERS, COLORADO ATTORNEY Case No.: 08 CR 01 GENERAL MICHAEL W. MELITO* Senior Assistant Attorney General Colorado Attorney General s Office Special Prosecutions Unit 1525 Sherman Street, 7 th Floor Denver, CO ( Registration Number: #36059 *Counsel of Record COLORADO STATE GRAND JURY INDICTMENT Of the term of the Denver District Court in the year 2009; the Colorado State Grand Jurors, chosen, selected and sworn in the name and by the authority of the People of the State of Colorado, upon their oaths, present the following: COUNT ONE: Theft, $20,000 or More (1, (2(d, C.R.S. (F3 0801V On or about and between July 1, 2007 and July 31, 2007, in and triable in the State of Colorado, ERNIE COLTER unlawfully, feloniously and knowingly obtained or exercised control over a thing of value, namely: money, with a value of more than twenty thousand dollars, without authorization, or by threat or deception, and intended to deprive COUNTRYWIDE MORTGAGE, Inc., permanently of its use or benefit; in violation of section (1(a,(2(d, C.R.S. (F-3.

2 COUNT TWO: Theft, $20,000 or More (1, (2(d, C.R.S. (F3 0801V On or about and between July 1, 2007 and July 31, 2007, in and triable in the State of Colorado, ERNIE COLTER unlawfully, feloniously and knowingly obtained or exercised control over a thing of value, namely: money, with a value of more than twenty thousand dollars, without authorization, or by threat or deception, and intended to deprive PHILLIP NEWBY, permanently of its use or benefit; in violation of section (1(a,(2(d, C.R.S. (F-3. COUNT THREE: Theft, $20,000 or More (1, (2(d, C.R.S. (F3 0801V On or about and between July 1, 2007 and July 31, 2007, in and triable in the State of Colorado, ERNIE COLTER unlawfully, feloniously and knowingly obtained or exercised control over a thing of value, namely: money, with a value of more than twenty thousand dollars, without authorization, or by threat or deception, and intended to deprive JOYCE HOFFMAN and/or HEIDI HOFFMAN permanently of its use or benefit; in violation of section (1(a,(2(d, C.R.S. (F-3. COUNT FOUR: Forgery, C.R.S (1(c (F5 1001C On or about and between May 1, 2007 and July 31, 2007, in and triable in the State of Colorado, ERNIE COLTER unlawfully, feloniously, and falsely made, completed, altered, or uttered a written instrument, namely: documents that obtained a home loan, including but not limited to closing documents, employment documents and asset statements, which was or which purported to be, or which was calculated to become or to represent if completed, a contract, assignment, commercial instrument, promissory note, or other instrument which document did or may have evidenced, created, transferred, terminated, or otherwise affected a legal right, interest, obligation, or status; in violation of section (1, C.R.S. The offenses alleged in Counts One through Four were committed in the following manner and occurred in the State of Colorado: An investigation opened by the Director of the Division of Real Estate revealed that Ernie Colter, with the intent to defraud, created false documents and employed a scheme to defraud the borrower, seller, and lender in a real estate transaction. Ernie Colter is the owner of a mortgage service called PMCS and was the originating broker for a real estate purchase transaction between Joyce Hoffman and Phillip Newby. Ernie

3 Colter convinced Joyce Hoffmann, to purchase a home for $700, as an investment property. Ernie Colter also promised Joyce Hoffmann that she would receive approximately $60, after closing. In order to qualify Joyce Hoffman for the $700, home, Ernie Colter submitted fraudulent earning statements and asset statements along with other falsified documents to Countrywide Mortgage, a financial institution. The fraudulent documents that Mr. Colter submitted were instruments which were or which purported to be, or which were calculated to become or to represent if completed, a contract, assignment, commercial instrument, promissory note, or other instrument which document did or may evidence create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status. Through this series of deceitful acts, Ernie Colter unlawfully, feloniously and knowingly obtained or exercised control over a thing of value and intended to permanently deprive Countrywide Mortgage of the use and benefit of home loan. The home loan was in an amount of more than $20, Mr. Colter tricked Countrywide Mortgage into giving Ms. Hoffman a loan, when she did not in fact qualify, and then engaged in acts where he stole money from both Mr. Newby and Ms. Hoffman. Ernie Colter directly diverted approximately $61, of Mr. Phillip Newby s proceeds from the sale of the real estate into his own bank account. Mr. Colter executed this scheme by tricking Mr. Newby into believing that there were no proceeds from the real estate sale to Ms. Hoffman. In order to accomplish this theft, Ernie Colter submitted a fraudulent payoff to a title company that allowed the $61, to be improperly wired to a bank account of a financial company owned by his cousin Derrick Washington. The money was then transferred to Ernie Colter. Through this series of deceitful acts, Ernie Colter unlawfully, feloniously and knowingly obtained or exercised control over a thing of value, namely: money, with a value of more than twenty thousand dollars, and intended to permanently deprive Mr. Newby of the use and benefit of this money. Further, Mr. Colter, through acts of deceit, delivered only approximately $34, of the $60, he had promised Ms. Hoffman and her daughter, Heidi Hoffman, who was acting on behalf of her mother under the authority of a power of attorney. Initially, Mr. Colter had promised Ms. Joyce Hoffman that after she closed on the property she would receive $60, As a result of this promise, Joyce Hoffmann allowed Mr. Colter to proceed with the transaction and ultimately purchased the home with the understanding that she would receive this money shortly after closing. As a result of his deceit, Mr. Colter unlawfully, feloniously and knowingly obtained or exercised control over a thing of value, namely: money, with a value of more than twenty thousand dollars, without authorization, or by threat or deception, and intended to deprive Joyce Hoffman and/or Heidi Hoffman permanently of its use or benefit.

4 AS TO COUNT ONE: A TRUE BILL A NO TRUE BILL AS TO COUNT TWO: A TRUE BILL A NO TRUE BILL AS TO COUNT THREE: A TRUE BILL A NO TRUE BILL AS TO COUNT FOUR: A TRUE BILL A NO TRUE BILL I,, the of the Colorado State Grand Jury, do hereby swear and affirm that each and every True Bill returned in this indictment by the Colorado State Grand Jury was arrived at after deliberation and with the assent and agreement to the existence of probable cause by at least nine members of the Colorado State Grand Jury. The Colorado State Grand Jury further authorizes and instructs the Colorado Attorney General to return this indictment to open court with or without the presence of the foreperson. Subscribed to before me in the City and County of Denver, State of Colorado, this day of 200.

5 My commission expires: Notary Public

6 JOHN W. SUTHERS Attorney General MICHAEL W. MELITO, Senior Assistant Attorney General Special Prosecutions Unit Criminal Justice Section

7 The Colorado Statewide Grand Jury presents the within Indictment, and the same is hereby ORDERED FILED this day of 200. Pursuant to , C.R.S., the Court designates County, Colorado as the county of venue for the purposes of trial. Warrant to issue: BOND SET AT C/S/P FOR ERNIE COLTER So ORDERED, this day of, 2009 District Court Judge

8 DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO 1437 Bannock Street Denver, CO THE PEOPLE OF THE STATE OF COLORADO, v. DEFENDANT: ERNIE COLTER DOB: 6/8/59 DLN: STATE: CO EXPIRED: 2005 HEIGHT: 5 10 WEIGHT: 180 EYES: BROWN HAIR: BLACK Colorado SID: THE PEOPLE OF THE STATE OF COLORADO TO: Case No. ARREST WARRANT Any officer authorized by law to execute arrest warrants within the State of Colorado: WHEREAS, the Attorney General, State of Colorado has this day filed a Complaint in this Court charging ERNIE COLTER, DOB: 6/8/59, with the crime(s of: COUNT ONE: COUNT TWO: COUNT THREE: COUNT FOUR: Theft, $20,000 or More (1, (2(d, C.R.S. (F3 0801V Theft, $20,000 or More (1, (2(d, C.R.S. (F3 0801V Theft, $20,000 or More (1, (2(d, C.R.S. (F3 0801V Forgery, C.R.S (1(c (F5 [1001C] WHEREAS, the Court has examined the attached Indictment and has satisfied itself that there is probable cause to believe that the above named offenses charged have been committed by the above named person; and WHEREAS, the Attorney General for the State of Colorado has requested that an arrest warrant be issued for the above named person. THEREFORE, YOU ARE HEREBY COMMANDED to arrest ERNIE COLTER, DOB: 06/8/1959, and bring him/her without necessary delay before the nearest available judge of a county or district court.

9 Bail fixed by the Court in the amount of $ Dated ORDERED: ORDERED: COUNTY JUDGE DISTRICT JUDGE CLERK, DISTRICT COURT

10 STATE OF COLORADO ss. COUNTY OF DENVER RETURN OF WARRANT I HEREBY CERTIFY THAT I DULY EXECUTED THIS WARRANT AS COMMANDED BY ARRESTING on, ARRESTING OFFICER