Post a Comment

US. v. Miller, et al

Monday, December 15, 2008

The government has rested.  The defense called Steve Vanatta, and on Friday, December 12, 2008, F. Jeffrey Miller took the stand to testify.

Today, Mr. Miller resumes the stand and is being cross examined by Government Special Attorney, Hathaway.  Miller is shown the Kerrie Jordan sales contract:

Question: ‘Who signed Star Land and Development?’

Answer: ‘I don’t know’

Question: ‘You did receive the $8000 down payment, right?’

Answer: ‘Yes’

Question: ‘Do you recognize the handwriting to be that of Sam Harris?’

Answer: ‘No’

Question: ‘But you received the benefit of this sale, isn’t that right?’

Answer: ‘Yes’

Mr. Hathaway then questioned Miller about Vanatta’s prior criminal history.

Question: ‘There came a time when you wanted Vanatta to get his Real Estate licenses in Kansas and Missouri, is that right?’

Answer: ‘Yes’

Question: ‘How did you think Vanatta was going to become licensed with 2 felony convictions and 2 misdemeanor convictions?’

Answer: ‘I didn’t know the requirements.’

Question: ‘Well, when did you become aware?’

Answer: ‘When we got indicted’

Question: ‘You went after sub-prime buyers, didn’t you?’

Answer: ‘Yes’

Question: ‘And you took toys (in trade) didn’t you?  You took cars, motorcycles in trade, didn’t you?  You even took a African Safari for four, didn’t you?’

Answer: ‘Yes’

Question: ‘Did you take that safari?’

Answer: ‘No’.......................’I did get the head, though.’

Mr. Hathaway then moved to creative financing that Miller provided to buyers.  On the occasions that Miller provided the buyers with some or all of the down payment, the contract price would go up.  Miller would change the sales price up to and until the time of closing.  Asked if Miller told buyers that their contracted price could go up based on the appraisal, Miller replied, ‘no.’

Mr. Hathaway introduces Miller’s prior deposition, where he testifies that his ability to provide second mortgage money is, ‘helping people and helping society.’

The defense of F. Jeffrey Miller rests.

Re-Cross by Atty. Rork (Vanatta):

Question: ‘Do you recall that the MREC (Missouri Real Estate Commission) says that you can in fact, sell real estate in which you have an ownership interest in?’

Answer: ‘Yes’

Question: So, Mr. Vanatta had a 10% ownership interest in the Ruestland subdivision, right?’

Answer: ‘Right’

The defense attorney of Steve Vanatta rests.

New Witness called by Sandra Jo Harris defense:

Jeffrey Haywood, Greenwood, MO is a escrow closer for Synergy Title Services.  He explains that an escrow closer is an unbiased third party.  He estimates that he has performed over 1000 closings in his 6 years of experience.  Atty. Huff questions Haywood extensively regarding the length of time a closing takes and how many documents are signed.  He has no specific recall of specific closings and testifies that he has ‘heard of Star Land and Development.

In his cross examination, Atty Hathaway asked the witness if he had testified before in Federal Court, before the Western District of Missouri on a mortgage fraud case?  ‘Yes’, was his reply.

The defense of Sandra Jo Harris, rests.

New Witness called by the Government:

Pamela Spruk, Lisa’s Tax & Bookeeping.

Ms. Spruk testified that she was the employee that met Steve Vanatta when he visited their office on January 23, 2006.  Ms. Spruk answered the telephone and scheduled appointments.  She is shown a two page document.  The first page is a handwritten accounting of assets from Steve Vanatta that has several numbers and digits that have been modified, (i.e. insted of the written $8,000 asset, it is now $58,000).  Mr. Vanatta was insistent that Ms. Spruk enter the figures for the incomplete financial ‘statement’.  Ms. Spruk felt ‘intimidated’ as Vanatta ‘stood over her shoulder’ while she entered his handwritten ‘assets’ .  After printing the document, Vanatta instructed Spruk to fax the statement on letterhead stationery, to a fax number in Lake of the Ozarks, along with the incomplete and unfiled tax returns of Vanatta and Irvin. (These documents were used in consideration of the loan for 415 Regency Court, Four Seasons, MO)

Sur Rebuttal Witness called by Atty. Rork

Vanatta is called back to the stand to refute the testimony of Pamela Spruk.  He testifies that he wasn’t at Lisa’s Tax and Bookkeeping, that he was at Lake of The Ozarks in January of 2006.  He testifies that he doesn’t know or recognize her.

Cross by U.S. Attorney Hathaway:

Question: ‘The jury has had the opportunity to listen to your testimony and consider coming from a two time felon, didn’t they?’

Answer: ‘Thats what you say.’

Court recesses at 3:30 this afternoon.  For the remainder of the afternoon, the attorneys will agree upon the jury instructions, which are lengthy with the numerous parties involved.

With the testimony and witnesses complete, Ms. Irvin leaves the courtroom in tears.

Present in the Courtroom today:

Nancy Seats (President of Homeowners of Deficient Dwellings)

Ginger and Rick Hayes (a Miller built homeowner)

Todd Earnshaw (indicted in Miller I, brother in law of Miller and a realtor)

Coming up tomorrow:

Jury Instruction, Closing arguments, Jury Deliberation