Judge upholds case against Mark Mogul | VailDaily.com

Judge upholds case against Mark Mogul

Veronica Whitney
Special to the DailyMark Mogul

EAGLE – Despite his request to dismiss the case, former Avon real estate agent Mark Mogul, who is accused of stealing time-share sales, will have to stand trial on criminal charges, a judge has decided.

In November, Mogul’s attorney, Phil Cherner, asked Eagle County District Judge Richard Hart to dismiss the criminal charges saying Mogul can’t be punished twice for the same thing. Cherner based his request on the outcome of the civil case against Mogul filed by the alleged victims. “After reviewing case law I decided not to dismiss the theft charges,” Hart said during a hearing at the Eagle County Justice Center, Dec. 29. “Historical actions distinguish between civil and criminal. This isn’t double jeopardy.”Cherner cited the double jeopardy clause in the U.S. Constitution, which says a person can’t be punished for the same crime twice. In August, Hart enforced a civil judgment against Mogul that was originally entered in November 2003. Hart entered a judgment in favor of Crescent Club Holdings for $1.2 million on their claims of civil theft and conversion against Mogul. The case was filed in 2001. “I’m pleased. These are the right rulings,” said District Attorney Mark Hurlbert. “We will certainly proceed to trial.” The five-day trial was also reset for April 11.Hart has also rejected request from Cherner to suppress tape recordings being used as evidence in the case. Saying recordings of Mogul and his former business partner, Eric Lyons, were made unethically, Cherner asked Hart to throw them out. In the recordings, Mogul discusses money matters with Lyons.”The police could have done the tapes,” Hart said. “Despite the fact they were recorded by an attorney, nonetheless they got in the hands of the police.”Mogul, 44, is out on a $50,000 bond and is now living in South Carolina. He is charged with two counts of theft and is accused of keeping $351,000 from time-share sales from Crescent Club Investors and Crescent Club Holdings in Edwards.He also faces another felony charge in Summit County – a felony trespassing charge. He’s out on $2,500 bond in that case. Eagle County Sheriff’s deputies arrested Mogul on the theft charges in August 2002. According to court records, the alleged illegal transactions began in August 2001. The case took about a year to investigate, police said.Mogul, who had been working in the valley for several years, was supposed to keep the money in an escrow account and then turn it over to the owners of the time-shares, police said. But on the date of the transactions, the money that had been wire-transferred to an escrow account allegedly never went to the sellers, Eagle County Sheriff’s Detective Doug Winter said when Mogul was arrested.

Mogul has said that as a partner in the company he had power to use the money to pay the company’s debts.”(The partners) claim they don’t know where the money went, I spent it to pay the debt of the company,” Mogul said.Staff Writer Veronica Whitney can be reached at 949-0555, ext. 454 or vwhitney@vaildaily.com. Vail, Colorado

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