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Monday, August 22, 2016

Ind. Courts - "Prosecutor: Local fraud case jeopardizes consumers "

Bob Kasarda of the NWI Times reports:

VALPARAISO — An attorney with the Indiana secretary of state’s office warned last week of dire consequences for consumers if the defense succeeds in an attempt to erase nearly half of the 19 charges in the fraud case against former local real estate agent Donald Johnson.

Matt Kestian stood before Porter Superior Court Judge Roger Bradford and opposed an argument that the charges should be dismissed because they were filed beyond the five-year statute of limitations. * * *

Kestian said what concerned him about the defense’s request is that it would set the stage for others to avoid prosecution by setting up long-term investments that would conceal wrongdoing by maturing after the statute of limitations, which is the period following a crime when criminal charges can be filed.

“That can’t be the law,” he said.

The law allows for criminal charges to be filed beyond the statute of limitation period, if it can be shown a defendant concealed a crime, Kestian said.

He accused Johnson of concealing his crime by not registering as an agent and not registering the securities, which left the state with no way of discovering that unlawful acts occurred between two private parties. Johnson also structured the securities to mature many years down the road.

Posted by Marcia Oddi on August 22, 2016 10:56 AM
Posted to Indiana Courts