Charges Versus Colorado Springs Developer Not Going Away – For Now
The Colorado Supreme Court on Monday refused to hear an appeal of a 2014 appellate court choice that supported the reinstatement of the charges.The denial suggests that Marshall, chairman of LandCo Equity Partners, still faces 6 theft and racketeering charges tied to allegations that he diverted$ 1 million in grants and city funds from a $42.3 million deal to transform a downtown structure into the committees headquarters.But his Denver-based attorney said Wednesday the battle to get the charges dismissed isn’t really over.The charges were submitted in February 2012 but dismissed 5 months later by 4th Judicial District Judge Barney Iuppa after Marshall was acquitted on multiple charges in a 2009 case. In that earlier case, Marshall was implicated of defrauding investors in property development dealshandle El Paso County.Since among the 2012 charges was based on the very same actions Marshall was accuseded of in the 2009 case, Iuppa ruled that trying him on the more recent charges would violate constitutional securities versus being attempted twice for the exact same crime.The Colorado Court of Appeals unanimously overturned Iuppas ruling, saying Marshall couldnt itemchallenge district attorneys attempting to sign up with the 2009 and 2012 cases, and later on argue the cases ought to have been signed up with to obtain the 2012 charges dismissed. The appeals court stated Marshall could still raise the double-jeopardy argument.If founded guilty on the 2012 charges, Marshall could deal withconfront 24 years in jail and $1 million in fines on the racketeering charges, and up to 12 years in jail and$750,000 on the theft charges. He was free on $50,000 bond before the 2012 charges were dismissed.The 2012 charges include 2 downtown office buildings developed by Marshall and LandCo Equity Partners to house the USOCs head office, plus a 3rd building to be used for Olympic-related sports companies. Marshall presumably diverted half of the funds from $2 million in grants that El Pomar Structure made to the city of Colorado Springs, according to an arrest warrant from the 4th Judicial District Attorneys Workplace on the 2012 charges.There may be another out for Marshall, however: On Wednesday, his lawyer, Jeff Pagliuca, stated he prepares to ask Iuppa later this month to dismiss the charges on other grounds.Marshall and more than 80 collaborations and restricted liability companies where he owns an interest submitted Chapter 7 bankruptcy in February in federal bankruptcy court in Denver, pointing out $3.9 million in debts stemming from his property developments and $265,000 in possessions.
Under Chapter 7, a trustee oversees the sale of his assets to repay his debts.-Contact Wayne Heilman: 636-0234 Twitter @wayneheilman Facebook Wayne Heilman