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Summit prosecutors detail evidence against owner, two of his top associates
By Ed Meyer
Beacon Journal staff writer
Published on Wednesday, Apr 16, 2008
In a minutely detailed court filing, Summit County prosecutors laid out their case against former Evergreen Corp. President David B. Willan and two of his top associates, claiming they conspired to help him manipulate millions of dollars in Evergreen investment funds ''as his own personal bank.''
The 121-page, single-spaced ''bill of particulars'' was the answer to a judge's order last month after the defense argued the prosecution's case files were disorganized and the indictment unclear.
Norman E. Incze, one of 11 defense attorneys arguing those points before retired Common Pleas Judge James E. Murphy, told the judge at one point during the March 10 proceedings that prosecutors were ''asking us to put the defense on the field before we know where the offense is going to line up. It's an impossible task.''
Firing back in a document filed with the court late Monday, prosecutors said they had evidence that Willan transferred money out of his three businesses to pay for his ''home, his cars, his girlfriend's cars, his boat, his girlfriend's breast augmentation, jewelry and clothes for
other girlfriends, his wife's country club dues'' and an Akron strip club in the 1100 block of Brittain Road.
Among hundreds of e-mails between Willan and his associates — which were obtained by prosecutors in June 2006 when a law enforcement task force searched Willan's business and seized his computers — was one he sent about his purchase of the strip club in May 2006, Summit County Assistant Prosecutor Brad Gessner said.
The e-mail instructed one of Willan's co-defendants, Michelle Hyatt of First Security Title, ''not to tell (Willan's) attorney about the transaction or to let the public records of the transaction come back to him or EH (Evergreen Homes).''
Willan, 37, the principal figure in a 147-count indictment alleging widespread mortgage and securities fraud in the Akron area, was released from the county jail on March 28 after posting a $25,000 cash bond.
Murphy revised Willan's bond, originally set at $3 million on Dec. 19 when Willan was arrested, after his lawyer successfully argued that he needed Willan's assistance to go over the voluminous government files.
Multiple charges
Willan, one of 17 defendants named in the indictment, is charged with engaging in a pattern of corrupt activity, securities fraud, aggravated theft, false representation in the registering of securities and other felonies.
Prosecutors alleged that Willan was the head of what they termed ''a criminal enterprise.'' Prosecutors said his two principal conspirators were former Carnation Banc President Craig E. Conner, ''who handled the majority of Willan's (home) sales,'' and Hyatt.
The day after Summit County authorities announced the indictment in December, Conner pleaded guilty to charges of engaging in a pattern of corrupt activity, aggravated theft and other felonies.
Lawrence J. Whitney, Conner's lawyer, said his client is living in Atlanta now and working in sales. As part of his plea bargain, according to Whitney, Conner is required to cooperate in future proceedings in the case.
''I anticipate he will cooperate in the trial,'' Whitney said. He declined further comment.
Another target
The Monday filing says Willan and Conner ''needed a third prong for their enterprise to succeed.''
And that defendant was identified as Hyatt, ''who worked part and parcel for Evergreen in these (home sale) transactions rather than as an independent participant,'' prosecutors said.
''As part of her compensation package, she was able to negotiate additional pay for every Evergreen transaction that she closed,'' the court filing stated.
Hyatt eventually was promoted to office manager of First Security Title, prosecutors said.
Incze, her lead attorney, did not return phone messages seeking comment on the court filing. But in the March 10 hearing before Murphy, he did say that during the 21/2-year investigation of Willan's businesses — Evergreen Investment Corp., Evergreen Homes and Evergreen Builders — her name did not come up ''until the very end.''
Willan's lawyer, William T. Whitaker, said: ''Most of the facts contained in the bill of particulars deal with normal business activity. ''The so-called facts that seek to describe fraudulent behavior are not supported by the evidence, and we look forward to meeting those allegations in court,'' Whitaker added. Whitaker declined further comment.
The next hearing in the case is scheduled before Murphy on Friday at 9 a.m. The judge is expected to set a trial date for Willan and possibly other defendants.
Ed Meyer can be reached at 330-996-3784 or emeyer@thebeaconjournal.com.
In a minutely detailed court filing, Summit County prosecutors laid out their case against former Evergreen Corp. President David B. Willan and two of his top associates, claiming they conspired to help him manipulate millions of dollars in Evergreen investment funds ''as his own personal bank.''
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