Friday, April 24, 2009

Marion County Prosecutor Carl Brizzi Leaves Real Estate Crime Victims Out in the Cold

WRTV now has done four stories on these schemers.

April 24, 2009: Man Who Hasn't Paid 21 Judgments Back in Business
April 24, 2008: Call 6 Investigation: Land Contract Buyers At It Again
November 29, 2006: Court Records: Men Failed To Pay For 22 Homes Over 12 Years
November 29, 2006: Companies Related To Steven Harris And Joseph Stanley

Despite ripping off numerous people, the Marion County Prosecutor's Office refuses to prosecute claiming they haven't broken any criminal laws and it is only a civil matter. As a lawyer, and someone who has worked a lot in the area of real estate, I thought I would point the Prosecutor's Office toward statutes that can be used in a prosecution.

IC 35-43-5-3 Deception

(a) A person

(2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity;…

commits deception, a Class A misdemeanor.

IC 35-43-4-2
Theft; receiving stolen property

(a) A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class D felony.

However, the offense is a Class C felony if the fair market value of the property is at least one hundred thousand dollars ($100,000).

IC 35-43-4-3

(a) A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion, a Class A misdemeanor.


If there is any question whether what they are doing is exerting "unathorized control over property" here's the definition:

IC 35-43-4-1
(a) As used in this chapter, "exert control over property" means to obtain, take, carry, drive, lead away, conceal, abandon, sell, convey, encumber, or possess property, or to secure, transfer, or extend a right to property.

(b) Under this chapter, a person's control over property of another person is "unauthorized" if it is exerted:

(3) by transferring or encumbering other property while failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of that other property; (Note: the 21 judgments are liens)

(4) by creating or confirming a false impression in the other person; [or]

(6) by promising performance that the person knows will not be performed;

(c) As used in this chapter, "receiving" means acquiring possession or control of or title to property, or lending on the security of property.


Also, at real estate closings, several documents may be executed under oath. Several of these have to do with the intent of the buyer to live on the property. Thus perjury could be involved:

IC 35-44-2-1 Perjury (a) A person

(1) makes a false, material statement under oath or affirmation, knowing the statement to be false or not believing it to be true


There you go. Now let's finally see some real estate crime prosecuted in Marion County.


Leslie Sourwine said...

Carl Brizzi and his office of prosecutors only take on the poorest of accused criminals. We, the Police Complaint Center have a client who is back in jail because they say "he violated his probation" when in fact they are just playing with this man again. Little do they know we have the evidence that he didn't violate his probation and I think it's time that the Justice Department looks into this case. Between the courts and Brizzi's office they have violated this man's constitutional rights over and over again. Who knows maybe we will see Brizzi on trial for what he is allowing to go on in his department?

Leslie Sourwine says, Let justice be served and may our judicial system be purged of prosecutors and judges who fail to follow the rule of law!

Leslie Sourwine said...


While it's on my mind, just how many pre-trials are the courts allowed to have? What kind of a prosecutor would have a man arrested again and then fail to take him before the court to prove his innocence? Our client was scheduled for a probation violation hearing this week, on the same day his trial was supposed to start! It was canceled! What's up with that? In addition Jail II according to our client is playing around with his legal papers again. Tell me, what interest does CCA have in holding an inmate’s mail so that it makes it harder for him to defend himself in court? Is it possible that this is retaliation for our client being in the law suit against CCA? Again there are civil rights being violated in this case and it's time that someone in the Justice Department takes a look at what's going on in Indianapolis.

Leslie Sourwine, tired of the games played by those with the power to decide the freedom and liberty of others.

I know said...

You published a statement a week ago that there is information involving the Prosecutor's office and some big political toes circulating that would step on both the Prosecutor and the big politicians.

With what Leslie states and the civil rights issues again brought out isn't about time all the issues see the light of day?

It is a sad day in Indiana when good people like Leslie divulge material after material and nothing gets done about it.

I stated before a group of Lawyers that really want to see ethics and law prevail need to bundle up their information and call upon a Federal Prosecutor that will set in motion the right contacts with the Justice Department and AG Eric Holder. How long do the politicians and the good old boys keep violating peoples rights?

I know one person has sent you enough information clearly laying out another civil rights case and clear disregard of the law by the Prosecutor and the Indiana Attorney General.

Leslie Sourwine said...

The Police Complaint Center is preparing a document of complaint against the prosecutor's office and the judiciary. To anyone in the Indianapolis area, who has experienced problems in these areas please contact me at 202-239-1813 or forward your information to Our client had another hearing today. First it was schedule for the morning, canceled and rescheduled for this afternoon. During that hearing the prosecutor accused our client of having 4 dirty UA's. He's had none. It's past time to put a stop to the hanky-panky going on between prosecutors and judges.

Leslie Sourwine says, let true justice be served and the real criminals put behind bars.

I know said...

Now that Lauth has filed bankruptcy and the Cook fortune has just been put into selective default for a third time and controls a self written contract that allows forty years of operation and the contractors get to keep the real estate that Carl Brizzi knows all about the door really should be opened up.

The events happening under the eye of the Indiana Gaming Commission are the jurisdiction of Carl Brizzi's office.

The State of Indiana allowed for $270,000,000.00 in bonds, gave the real estate to the contractors after the original groups were to sign the real estate over to the State of Indiana. The finances were not met by Lauth and Cook and they were given a slap on the wrists and allowed to continue. They all got in a fight and sued each other and now after spending hundreds of millions of dollars on development, construction and suing each other the money is no where in sight.

Lauth was paid for the construction and Cook kept the real estate. Where did all the money go to develop all of the folly in French Lick if defaults are reoccurring and contractors are filing Chapter 11?


If we are going to press some real estate cases that Carl Brizzi and the AG knows all about then lets press some. You can find the contract on line in the Indiana Gaming Commission site. It clearly signs off all real estate, improvements to the real estate and the physical pieces to the contractors.

Also see July 2, 2007 Advance Indiana French Lick headed to Bankruptcy. Smelled like the CIB clear back in 2007. TAXPAYERS BEWARE the contracts Indiana issues stink and Carl Brizzi knows it!