HEARING SET IN ESCROW FRAUD CASE\Former Newhall couple rejects plea bargain over prison time.Byline: Laurence Darmiento Daily News Staff Writer Attempts to reach a plea bargain plea bargain n. in criminal procedure, a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead "guilty" or "no contest" to some crimes, in return for reduction of the severity of the in the Country Oaks Escrow escrow Instrument, such as a deed, money, or property, that constitutes evidence of obligations between two or more parties and is held by a third party. It is delivered by the third party only upon fulfillment of some condition. Co. embezzlement embezzlement, wrongful use, for one's own selfish ends, of the property of another when that property has been legally entrusted to one. Such an act was not larceny at common law because larceny was committed only when property was acquired by a "felonious taking," i. case have failed, setting the stage this spring for a long-delayed hearing to determine if the owners will stand trial. The preliminary hearing, to decide if there is enough evidence to try Harold and Kathy Wiener, likely will be scheduled by a judge Tuesday during a session in Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. County Superior Court. "The upshot is that there was not a meeting of the minds," Deputy District Attorney Brent Collier said of the failure to settle the case. "It is always possible at some later point, but I don't see it on the horizon." The former Newhall couple is accused of embezzling more than $2.7 million in trust funds in the June 1993 failure of their Valencia escrow business. With offices in Palmdale, Lancaster and Arcadia, it was one of the largest independent escrow companies to fail in state history. The prosecution and defense acknowledged earlier this year discussing a possible settlement of the theft and other felony felony (fĕl`ənē), any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law. charges against the couple, who each face about five years in state prison. The couple has already been ordered to repay the $2.7 million after losing a Superior Court civil judgment to the state escrow industry insurer. In seeking the settlement, both sides have said the case is far stronger against Harold Wiener, who is a heart transplant heart transplant Procedure to remove a diseased heart and replace it with a healthy one from a legally dead donor. The first was performed in 1967 by Christiaan Barnard. patient - a factor that could pare down Verb 1. pare down - decrease gradually or bit by bit pare minify, decrease, lessen - make smaller; "He decreased his staff" any potential sentence if he is convicted. Collier said a tentative agreement was reached with the defense that would have had Wiener, 52, plead guilty to grand theft and a second felony, while his wife would have pleaded no contest to misappropriation misappropriation n. the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate, or by any of escrow funds Noun 1. escrow funds - funds held in escrow cash in hand, finances, funds, monetary resource, pecuniary resource - assets in the form of money . The District Attorney's Office would then have allowed a judge to sentence Wiener, expecting the defense to argue that a man with a transplanted heart would be an inappropriate candidate for state prison, Collier said. The crimp crimp a regular wave formation of small dimensions, e.g. the crimp of wool fibers epitomized in the Merino breed and its derivatives. crimp marks marks made by wrinkling the x-ray film while holding it between the fingers. was over the potential sentence for his wife. Collier said he wanted her to spend some time in jail, while the defense would not agree to that. However, defense attorney Melvyn Sacks contended a complete deal had been reached that would have required the woman to submit to some type of house arrest with electronic monitoring. "Collier was ready to go for electronic surveillance. I thought we had a deal, but it's been put on the back burner Noun 1. back burner - reduced priority; "dozens of cases were put on the back burner" precedence, precedency, priority - status established in order of importance or urgency; "... ," said Sacks, who represents only Kathy Wiener. "It was the DA's decision." Sacks said he would have counseled his client to take the deal to get the matter behind her, even though he believes she could prevail in a trial. He added that pressure from the escrow industry in combination with the district attorney election might have killed the deal. Harold Wiener's attorney agreed. "We had a global agreement. We had everything pretty much worked out," said attorney Jeffrey Karpel. "I think the DA's office is under a microscope and with the election coming up they have put a halt on any kind of deal. I guess this case is considered somewhat high profile." Karpel said the elements of the agreement spelled out by Collier in regard to Harold Wiener were accurate, and he hoped a deal could be reached after the election later this month. Collier scoffed at the notion the upcoming election had precipitated the breakdown in the talks. "That's totally untrue," he said. "They brought up a lot of 'what abouts' in the discussion, but there was no (final) agreement." At a scheduling hearing Tuesday in Los Angeles, a preliminary hearing is expected to be set within about two months, Collier said. Only an investigator from the state Department of Corporations, the agency that regulates escrow companies, is likely to testify at the hearing. It should last only about one day, Collier said. However, any trial is likely to take far longer, perhaps as long as a month, he said. Because of his 1989 heart transplant, Wiener has been free on his own recognizance own recognizance (O.R.) n. the basis for a judge allowing a person accused of a crime to be free while awaiting trial, without posting bail, on the defendant's own promise to appear and his/her reputation. since criminal charges were filed last March. His wife was released two months later after her bail was dropped from $2.7 million to $250,000, also over health concerns. She has diabetes. The couple has relocated to Salt Lake City where both are reportedly working, but do not own an escrow company. |
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