JUDGE UPHOLDS CRIMINAL CHARGES IN REDMAN LAND CASE.

Byline: Karen Maeshiro Daily News Staff Writer

A judge rejected arguments that criminal prosecution of a Beverly Hills businessman accused of defrauding dozens of Antelope Valley residents violates his constitutional rights against double jeopardy.

Real estate developer Marshall Redman's attorneys claimed that he already had been punished by being ordered to pay $580,000 in a 1995 settlement of a civil case brought against him by Kern County and the city of Los Angeles.

Harlan Braun, an attorney for Redman, argued that part of the $580,000 will represent a penalty and that prosecuting him on criminal charges is an unconstitutional attempt to punish him twice for the same offense.

But Los Angeles Municipal Court Judge Steve Marcus disagreed on Tuesday.``I argued that the civil judgment didn't prevent criminal prosecution because the money that Redman has to pay simply compensates the government for the cost of the investigation and doesn't constitute punishment under case law,'' said Deputy District Attorney David Mintz.

If convicted, Redman could face up to six years in prison on criminal charges: 30 counts of grand theft, filing false trust deeds and selling land without obtaining a required public report.

He is scheduled to appear Jan. 16 for a preliminary hearing and for further motions. Mintz said Braun has indicated he will file another motion to dismiss charges based on an argument that a statute of limitations has run out.

Braun could not be reached Wednesday for comment.

Of the $580,000 assessed, only $150,000 has been paid, Mintz said. A court-appointed receiver is managing assets from Redman's two companies to compensate victims.

If there is any money from the companies, officials said, it will go toward paying off the rest of the $580,000. If not, Redman is personally liable for the payment.

Redman is accused of selling land in the High Vista area east of Lancaster and in Kern County without telling buyers that the parcels were illegally subdivided and that they could not build homes on them without the consent of the other parcel owners.

Officials said Redman sold the land, primarily to Spanish-speaking customers, through Redman Investment Co. and Del Sol Properties.

In the 1995 settlement, besides agreeing to pay $580,000 in civil fines and costs, Redman agreed to the liquidation of $30 million in assets as restitution to his customers.

The case prompted Los Angeles County supervisors to order an investigation into why county officials failed to halt a real estate operation that authorities say cheated hundreds of people.