DA to Aspen fraud defendant Frommer: take deal or stand trial
The Aspen Times
Aspen CO, Colorado
ASPEN ” Another deal appears to be in the works for alleged check-fraud artist Peter Frommer of Aspen.
Deputy District Attorney Arnold P. Mordkin said Monday there are a pair of take-it-or-leave-it offers for Frommer to consider, and should he balk at either proposal, the case will go to trial.
“I’m tired of this,” Mordkin said after a brief hearing in Pitkin County District Court of the suspect’s nearly 2-year-old case.
One offer calls for Frommer to plead guilty to a fourth-degree felony count and a misdemeanor offense. The felony would be deferred, meaning the conviction would not go on Frommer’s record provided he completed the terms of his probation. The misdemeanor would stand as a conviction.
Mordkin said that proposal is doable if Frommer pays “100 cents on the dollar” for money he allegedly owes in the case. Presumably, Frommer would have to make good by his next scheduled court date on Feb. 9.
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The other offer would have Frommer plead guilty to third- and fourth-degree felony charges, along with a single misdemeanor count. The felony counts would also be deferred and wiped away provided he completed the terms of his probation, while the misdemeanor would stand as a conviction.
The third-degree felony count is theft of $15,000 or more, while the fourth-degree charge is theft of $5,000 to $15,000. The misdemeanor is a class III offense of fraud by check of $100 to $500.
Frommer, who appeared in court Monday before Judge James Boyd, did not comment. His attorney, Robert Koenig, suggested a deal was possible with some subtle tweaks.
“Two deferrable felonies would be better than one misdemeanor, non-deferred,” said Koenig, who participated via telephone conference.
Boyd rejected a plea agreement last month, largely because the terms were too lenient. That deal had been worked out between prosecutor Tony Hershey and Koenig. Hershey is no longer attached to the case.
The agreement called for Frommer to plead guilty to a misdemeanor count of issuing a bad check. He also agreed to pay full restitution to all victims, something Mordkin still insists gets done.
The total has been estimated at $160,000, and includes roughly $60,000 that Frommer has repaid since his arrest in February 2007. He was subsequently charged with more than 30 felony counts of fraud.
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