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Nov 14, 2017 · Crime and Public Safety. Denver DA charges man with security fraud in online investment scam. Bertrand Ungar allegedly didn’t tell investors that he wasn’t licensed to sell securities in...
- Tom Mcghee
- I. Introduction
- II. Facts and Procedural History
- III. Treble Damages Under The Rights in Stolen Property Statute
- A.
- B.
- IV. Exclusion of Evidence in Cross-Examination
- V. Conclusion
In this appeal, we hold that a victim seeking civil recovery of treble damages, costs, and fees under the Rights in Stolen Property statute need not prove that the defendant suffered a prior conviction for the crime of theft, robbery, or burglary. A jury in this case found that the defendant, Bertrand T. Ungar, committed acts that constitute the cr...
Itin transferred funds by wire to the trust account of Ungar, who was acting as his escrow agent for the purpose of purchasing stock. Ungar in turn disbursed Itin's funds from the trust account to other companies. Itin claimed that these disbursements were not authorized and that Ungar's actions in transferring the funds permanently deprived Itin o...
Itin argues that the court of appeals erred by requiring proof of Ungar's prior criminal conviction before he could recover treble damages against the wrongdoer. We agree.
We begin our analysis by examining the wording of the statute to give effect to legislative intent. See Farmers Ins. Exch. v. Bill Boom, Inc., 961 P.2d 465, 469 (Colo. 1998). "Words and phrases used in statutes are to be interpreted according to their generally accepted meaning."People v. Hickman, 988 P.2d 628, 634(Colo. 1999). The Rights in Stolen...
Alternatively, Ungar argues that the trial court committed reversible error when it instructed the jury concerning this statute. He contends that the Rights in Stolen Property statute requires that the defendant be found liable for the crimes of "theft, robbery, or burglary" and not "conversion" as the jury instruction stated. In addition, he argue...
Ungar argues that the court of appeals erred by holding that he did not preserve for appeal the evidentiary question of whether Itin's SEC sanction should have been admitted on cross-examination under CRE 608(b). This rule of evidence provides that "specific instances of the conduct of a witness, for the purpose of attacking . . . his credibility, ...
For the reasons stated, we reverse the court of appeals' judgment in part and affirm in part, but do so based upon different grounds. We remand the case to the court of appeals for further proceedings to address any remaining issues before that court.
Mar 26, 2018 · Bertrand Ungar. The Denver District Attorney’s office has dismissed criminal fraud charges against a Denver business man, acknowledging prosecutors lack evidence to prove the case.
Defendants, Bertrand T. Ungar (Ungar), and Bertrand T. Ungar, P.C., an attorney and his professional corporation, appeal from the judgment entered on jury verdicts finding them liable for conversion and awarding treble damages, attorney fees, and costs to plaintiff, Thomas W. Itin, pursuant to the Rights in Stolen Property statute, 18-4-405, C ...
Defendants, Bertrand T. Ungar (Ungar), and Bertrand T. Ungar, P.C., an attorney and his professional corporation, appeal from the judgment entered on jury verdicts finding them liable for conversion and awarding treble damages, attorney fees, and costs to plaintiff, Thomas W. Itin, pursuant to the Rights in Stolen Property statute, § 18-4-405 ...
Nov 6, 2000 · A jury in this case found that the defendant, Bertrand T. Ungar, committed acts that constitute the crime of theft when he knowingly exercised control over the funds of plaintiff Thomas W. Itin without authorization and with the specific intent to permanently deprive him of his property.
Aug 20, 1998 · Research the case of Itin v. Bertrand T. Ungar, from the Colorado Court of Appeals, 08-20-1998. AnyLaw is the Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data.
