IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

Transcription

1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA, Plaintiff, vs. Court Case No. Division: Judge OSWP Case No THOMAS ANDREW MASCIARELLI (A) STEVEN PAUL PETRARCA (B) Defendants. / INFORMATION FOR: COUNT 1: AGGRAVATED WHITE COLLAR CRIME F.S (5)(c) (F-1) (L-9) Defs. A & B COUNT 2: FRAUDULENT INVESTMENT TRANSACTIONS F.S (1)(a) & (2) (F-1) (L-7) Defs. A & B IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA: COUNT 1 (AGGRAVATED WHITE COLLAR CRIME): PETER H. WILLIAMS, Statewide Prosecutor for the State of Florida, by and through the undersigned designated Assistant Statewide Prosecutor, under oath, CHARGES that beginning on or about September 3, 2003, and continuing through and including on or about April 29, 2005, in the Fifteenth, Eleventh, Eighth, Fifth, Sixth, Twelfth and Twentieth Judicial Circuits of Florida, to-wit: Palm Beach, Broward, Alachua, Lee, Marion, Pinellas and Sarasota Counties, Florida, THOMAS ANDREW MASCIARELLI and STEVEN PAUL PETRARCA did engage in at least two of the following white-collar crimes having similar intents, results, accomplices, victims, methods of commission, or otherwise related by distinguishing characteristics; which crimes victimized 10 or more elderly persons, or 20 or more persons, and by which crimes the defendants obtained or attempted to obtain $50,000 or more: -1-

2 White-Collar Crime 1 Beginning on or about September 1, 2003, and continuing through and including on or about April 30, 2005, THOMAS ANDREW MASCIARELLI and STEVEN PAUL PETRARCA did knowingly obtain or use, or endeavor to obtain or use United States Currency, of a value of $20,000 or more, the property of another, to-wit: John Sansaricq, with the intent to temporarily or permanently deprive said person of a right to the property, or a benefit therefrom, or to appropriate the property to defendant s own use or to the use White-Collar Crime 2 Beginning on or about October 2, 2003, and continuing through and including on or about April 30, 2005, THOMAS ANDREW MASCIARELLI and STEVEN PAUL PETRARCA did knowingly obtain or use, or endeavor to obtain or use United States Currency, of a value of $20,000 or more, the property of another, to-wit: Charlene Dailey, with the intent to temporarily or permanently deprive said person of a right to the property, or a benefit therefrom, or to appropriate the property to defendant s own use or to the use White-Collar Crime 3 Beginning on or about October 2, 2003, and continuing through and including on or about April 30, another, to-wit: Peter Cristodero, with the intent to temporarily or permanently deprive said person of a right White-Collar Crime 4 Beginning on or about November 14, 2003, and continuing through and including on or about April obtain or use, or endeavor to obtain or use United States Currency, of a value of $20,000 or more, the property of another, to-wit: Dorothy Palella, with the intent to temporarily or permanently deprive said person of a right to the property, or a benefit therefrom, or to appropriate the property to defendant s own use or to the use -2-

3 White-Collar Crime 5 Beginning on or about November 21, 2003, and continuing through and including on or about April obtain or use, or endeavor to obtain or use United States Currency, of a value of $300 or more, the property of another, to-wit: Doris Hash, with the intent to temporarily or permanently deprive said person of a right White-Collar Crime 6 Beginning on or about December 18, 2003, and continuing through and including on or about April obtain or use, or endeavor to obtain or use United States Currency, of a value of $20,000 or more, the property of another, to-wit: Nazzaro Serino, with the intent to temporarily or permanently deprive said person of a right to the property, or a benefit therefrom, or to appropriate the property to defendant s own use or to the use White-Collar Crime 7 Beginning on or about January 20, 2004, and continuing through and including on or about April 30, another, to-wit: Lorraine Deming, with the intent to temporarily or permanently deprive said person of a right White-Collar Crime 8 Beginning on or about January 20, 2004, and continuing through and including on or about April 30, another, to-wit: Raymond Deming, with the intent to temporarily or permanently deprive said person of a right to the property, or a benefit therefrom, or to appropriate the property to defendant s own use or to the use -3-

4 White-Collar Crime 9 Beginning on or about January 30, 2004, and continuing through and including on or about April 30, or use, or endeavor to obtain or use United States Currency, of a value of $10,000 or more, the property of another, to-wit: Edward Mottola, with the intent to temporarily or permanently deprive said person of a right of a person not entitled thereto, in violation of Florida Statute White-Collar Crime 10 Beginning on or about February 12, 2004, and continuing through and including on or about April obtain or use, or endeavor to obtain or use United States Currency, of a value of $20,000 or more, the property of another, to-wit: Andrew Niewulis and/or Florence Niewulis, with the intent to temporarily or permanently deprive said person of a right to the property, or a benefit therefrom, or to appropriate the property to defendant s own use or to the use of a person not entitled thereto, in violation of Florida Statute White-Collar Crime 11 Beginning on or about March 1, 2004, and continuing through and including on or about April 30, another, to-wit: Douglass Tessitore, with the intent to temporarily or permanently deprive said person of a right to the property, or a benefit therefrom, or to appropriate the property to defendant s own use or to the use of a person not entitled thereto, in violation of Florida Statute White-Collar Crime 12 Beginning on or about April 1, 2004, and continuing through and including on or about April 30, another, to-wit: Michele Paradiso and/or Dorothy Paridiso, with the intent to temporarily or permanently deprive said person of a right to the property, or a benefit therefrom, or to appropriate the property to defendant s own use or to the use of a person not entitled thereto, in violation of Florida Statute

5 White-Collar Crime 13 Beginning on or about April 1, 2004, and continuing through and including on or about April 30, another, to-wit: Claire Kenny, with the intent to temporarily or permanently deprive said person of a right of a person not entitled thereto, in violation of Florida Statute White-Collar Crime 14 Beginning on or about April 27, 2004, and continuing through and including on or about April 30, another, to-wit: John Dean and/or Joan Dean, with the intent to temporarily or permanently deprive said person of a right to the property, or a benefit therefrom, or to appropriate the property to defendant s own use or to the use of a person not entitled thereto, in violation of Florida Statute White-Collar Crime 15 Beginning on or about April 1, 2004, and continuing through and including on or about April 30, another, to-wit: Joan Jackson, with the intent to temporarily or permanently deprive said person of a right of a person not entitled thereto, in violation of Florida Statute White-Collar Crime 16 Beginning on or about June 7, 2004, and continuing through and including on or about April 30, or use, or endeavor to obtain or use United States Currency, of a value of $5,000 or more, the property of another, to-wit: Peter Sinerchia, with the intent to temporarily or permanently deprive said person of a right of a person not entitled thereto, in violation of Florida Statute

6 White-Collar Crime 17 Beginning on or about June 1, 2004, and continuing through and including on or about April 30, another, to-wit: Robert Micelotta and/or Anne Micelotta, with the intent to temporarily or permanently deprive said person of a right to the property, or a benefit therefrom, or to appropriate the property to defendant s own use or to the use of a person not entitled thereto, in violation of Florida Statute White-Collar Crime 18 Beginning on or about June 1, 2004, and continuing through and including on or about April 30, or use, or endeavor to obtain or use United States Currency, of a value of $10,000 or more, the property of another, to-wit: Linda Sylvesta, with the intent to temporarily or permanently deprive said person of a right of a person not entitled thereto, in violation of Florida Statute White-Collar Crime 19 Beginning on or about July 31, 2004, and continuing through and including on or about April 30, another, to-wit: Maria Lima, with the intent to temporarily or permanently deprive said person of a right to the property, or a benefit therefrom, or to appropriate the property to defendant s own use or to the use of a person not entitled thereto, in violation of Florida Statute White-Collar Crime 20 Beginning on or about July 1, 2004, and continuing through and including on or about April 30, or use, or endeavor to obtain or use United States Currency, of a value of $5,000 or more, the property of another, to-wit: Kara Fitzpatrick, with the intent to temporarily or permanently deprive said person of a right -6-

7 White-Collar Crime 21 Beginning on or about July 14, 2004, and continuing through and including on or about April 30, another, to-wit: Theresa LaCroix and/or Cleo LaCroix, with the intent to temporarily or permanently deprive said person of a right to the property, or a benefit therefrom, or to appropriate the property to defendant s own use or to the use White-Collar Crime 22 Beginning on or about July 1, 2004, and continuing through and including on or about April 30, another, to-wit: Carmela Lima, with the intent to temporarily or permanently deprive said person of a right White-Collar Crime 23 Beginning on or about September 13, 2004, and continuing through and including on or about April obtain or use, or endeavor to obtain or use United States Currency, of a value of $5,000 or more, the property of another, to-wit: Richard Lima, with the intent to temporarily or permanently deprive said person of a right White-Collar Crime 24 Beginning on or about August 17, 2004, and continuing through and including on or about April 30, or use, or endeavor to obtain or use United States Currency, of a value of $5,000 or more, the property of another, to-wit: Susan Mazzarella, with the intent to temporarily or permanently deprive said person of a right to the property, or a benefit therefrom, or to appropriate the property to defendant s own use or to the use -7-

8 White-Collar Crime 25 Beginning on or about September 27, 2004, and continuing through and including on or about April obtain or use, or endeavor to obtain or use United States Currency, of a value of $20,000 or more, the property of another, to-wit: Merle Hoffrichter, with the intent to temporarily or permanently deprive said person of a right to the property, or a benefit therefrom, or to appropriate the property to defendant s own use or to the use White-Collar Crime 26 Beginning on or about December 13, 2004, and continuing through and including on or about April obtain or use, or endeavor to obtain or use United States Currency, of a value of $100,000 or more, the property of another, to-wit: Norman McKibben and/or Aspen IG, LLC, with the intent to temporarily or permanently deprive said person of a right to the property, or a benefit therefrom, or to appropriate the property to defendant s own use or to the use of a person not entitled thereto, in violation of Florida Statute White-Collar Crime 27 Beginning on or about February 1, 2005, and continuing through and including on or about April 30, or use, or endeavor to obtain or use United States Currency, of a value of $10,000 or more, the property of another, to-wit: Marco Damiano, with the intent to temporarily or permanently deprive said person of a right All in violation of (5) and , Florida Statutes, a crime involving or resulting in fraud or deceit upon a person under Section 16.56, Florida Statutes. COUNT 2 (FRAUDULENT INVESTMENT TRANSACTIONS) PETER H. WILLIAMS, Statewide Prosecutor for the State of Florida, by and through the undersigned designated Assistant Statewide Prosecutor, under oath, CHARGES that beginning on or about October 8, 2003, and continuing through and including on or about April 29, 2005, in the Fifteenth, Eleventh, Eighth, Fifth, Sixth, Twelfth and Twentieth Judicial Circuits of Florida, to-wit: Palm Beach, Broward, Alachua, Lee, Marion, Pinellas and Sarasota Counties, Florida, THOMAS ANDREW MASCIARELLI and STEVEN PAUL PETRARCA did directly or indirectly employ any device, scheme or artifice to defraud, or obtained money or property by means of any untrue -8-

9 statement of a material fact, or engaged in any transaction, practice, or course of business which operated as a fraud or deceit upon any person, to-wit: false claims that investor funds would be used to invest in commercial real estate for refurbishment and resale and/or claims that the principal investment monies of investors were guaranteed secure and/or claims that investor interest payments were guaranteed, those persons being defrauded include: Susan Mazzarella and/or Nazzaro Serino and/or Charlene Dailey and/or Marco Damiano and/or Dorothy Palella and/or Douglass Tessitore and/or Joan Jackson and/or John Sansaricq and/or Andrew and Florence Niewulis and/or John and Joan Dean and/or Michele and Dorothy Paradiso, and that defendants did so in connection with the rendering of any investment advice or in connection with the offer, sale, or purchase of any investment, to-wit: an investment in the form of a contract and/or note with American Income Real Estate Investments Inc. and/or American Property Development, LLC., and thereby obtained money or property of an aggregate value exceeding $50,000 from five or more persons, in violation of Florida Statute Sections (1)(a) and (2). AND SAID OFFENSES OCCURRED IN TWO OR MORE JUDICIAL CIRCUITS IN THE STATE OF FLORIDA AS PART OF A RELATED TRANSACTION OR SAID OFFENSES WERE CONNECTED WITH AN ORGANIZED CRIMINAL CONSPIRACY AFFECTING TWO OR MORE JUDICIAL CIRCUITS IN THE STATE OF FLORIDA. PETER H. WILLIAMS STATEWIDE PROSECUTOR STATE OF FLORIDA STATE OF FLORIDA COUNTY OF PALM BEACH: Michael Rachel Designated Assistant Statewide Prosecutor Florida Bar No Office of Statewide Prosecution Palm Beach Bureau 1515 N. Flagler Dr., Suite 900 West Palm Beach, Florida (561) Personally appeared before me, Michael Rachel, Designated Assistant Statewide Prosecutor for the State of Florida, who, being first duly sworn, says that she has received testimony under oath from the material witnesses which, if true, would constitute the offenses herein charged, and that this -9-

10 prosecution is instituted in good faith. Sworn to and subscribed before me this day of May, 2005, by Michael Rachel, who is personally known to me. Notary Public State of Florida at Large -10-

11 DEFENDANT BIOGRAPHICAL DATA (A) (B) THOMAS ANDREW MASCIARELLI W/M, DOB 05/05/1957 LKA 1904 Appleton Court, Palm Beach Gardens, Florida STEVEN PAUL PETRARCA W/M, DOB 06/30/1950 LKA 1615 Satin Leaf Court, Delray Beach, Florida