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Colorado Department of Law — Annual Report 2009 - page 12 / 41





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Colorado Department of Law — Annual Report 2009

Criminal Justice Section

Noteworthy cases included:

Trenton Stone was charged in 2007 with both working as an accountant while drawing full medical disability pay and embezzling about $250,000 from one of his clients. He had worked for the State of Colorado as an accountant at the time he filed his disability claim. The case went to a jury trial in May of 2009 in Arapahoe County District Court and the defendant was convicted of felony theft.

Susan Weiss-Nakash was indicted by the statewide grand jury in May of 2009 for two counts of felony theft relating to mortgage fraud. Weiss-Nakash used her mortgage company, Miracle Mortgage, to create fraudulent loans to illegally obtain monies from both a lender and a title insurance company. She then deposited those funds into accounts for her personal use. She pleaded guilty to both counts in December and was sentenced to 10 years of probation, 25 hours of community service and ordered to pay restitution in the amount of $189,100.65 to the defrauded companies.

C.P. Fortney, Terry Robinson and Mary Catherine Cross were indicted by the Statewide Grand Jury in May of 2009 and charged with multiple counts of bribery and theft. Fortney was a used car salesman, Robinson was a field claims adjuster, and Cross was an in-house claims adjuster. Fortney paid bribes to Robinson to write estimates showing that wrecked vehicles were total losses, and paid bribes to Cross to arrange to sell the cars to him without salvage titles. Fortney repaired the vehicles and sold them to members of the public without disclosing that the vehicles had been rebuilt from salvage. Robinson and Cross have entered into plea bargains and have agreed to testify against Fortney in his trial set to begin March 29, 2010 in Mesa County District Court.

The Criminal Justice Section of the Colorado Attorney General’s Office assists local prosecutors and law enforcement agencies throughout the state on matters that occur in more than one local jurisdiction, including presenting cases to the Statewide Grand Jury and serving as special district attorneys as requested. Section members provide special assistance to district attorneys in death penalty and gang activity cases and administer the Peace Office Standards and Training Board.

The Criminal Justice Section coordinates the prosecution of foreign fugitives and represents the Department of Public Safety. The Division has statutory authority to prosecute white-collar crimes, environmental crimes and multi- jurisdictional matters through direct filings and the use of the Statewide Grand Jury.

Insurance Fraud

Under Colorado law, the Attorney General has original jurisdiction to prosecute allegations of criminal conduct relating to insurance fraud. The Insurance Fraud Unit consists to two attorneys, four investigators and a paralegal, all assigned full-time to insurance fraud matters.

went to trial and 15 cases were resolved through plea negotiations.

In 2009, the Unit opened 41 investigations which resulted in the filing of 18 new cases in Colorado courts. The cases were filed in Arapahoe, Chaffee, Denver, Douglas, Jefferson, Mesa and Weld Counties. Four of these cases were initiated by indictments issued by the Statewide Grand Jury. The remainder were directly filed by Complaint and Information. During 2009, one case


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