It is court record that the date on the attempted lease renewal was backdated. That testimony alone is not proof enough for conviction. It's possible that it could be perjury. But that would be an alternate reality. Based on the information presented in the summary judgment, there is enough to pursue a fraud case if someone was so inclined. One thing that would cause a DA to hesitate is the probability of definitively determining who backdated the letter. Would/could the secretary spill the beans for immunity? Another thing to cause a hesitation is the opportunity to let the current saga play out and leave a trail of bread crumbs to follow. It'll be easier to see if the effort is worth it and to conclude business if it is. As Quant has noted, this issue is small potatoes right now. But as Eagles has noted, mail fraud is not something to sneeze at. It's just another aspect of this story that makes it so entertaining.
The possibility of Talisker bringing up the alleged fraud again is not dead. See the last line of the Park Record article from last September: http://www.parkrecord.com/ci_24063271/judge-rules-talisker-corp-will-not-be-given The judge reviewed the emails Talisker wanted and did not find them relevant (PCMR screamed attorney-client privilege): http://www.parkrecord.com/ci_24035563/judge-wants-see-emails
"Plaintiffs have not, at this time, met their burden to rebut the evidence of the Alleged Fraud," the order says.
Judge Harris said PCMR's acknowledgement of the backdating was prima facie evidence "that there was at least an attempted fraud going on."
The secretary will not snitch. She will not find employment in a "small town" again if she does. Just like Rose Mary Woods, some secretaries tend to love their bosses. I am not saying they are blowing them, just that they are loyal to the point of even lying. I cannot understand how she doesn't know or remember what happened, just as I cannot understand how the attorney (Cary Jones) is clueless about the matter. Jones was there when the letter was drafted and signed. I am sure anyone following this case believes those two know about who was involved in the backdating.
No matter about the fraud. Talisker and Vail want PCMR off their land first since business is business. If Cumming plays hardball, there will be plenty of time to bring up the fraud issue again.
Edited by quant2325 - 5/26/14 at 7:13am