Bollen to be charged with 5 counts of 44-1-12. Disposing of security.
Given how vague the Attorney General’s press release is on charging Joop Bollen , I went back and asked the AG’s office what charges were being filed. They replied “I can give you the file number – 16-383” and noted “More detailed release tomorrow after initial appearance…”
In having an attorney friend of mine look it up, it’s my understanding that the felony criminal charges filed in this case consist of 5 counts of Class 6 felonies for violating 44-1-12, which reads as follows:
44-1-12. Destruction, disposal, or removal of personal property subject to security interest as felony. Any mortgagor or grantor of a security interest or other lien of personal property who, while the lien of his mortgage, conditional sales agreement, or security agreement remains in force and unsatisfied, willfully destroys, conceals, sells, or in any manner disposes of or materially injures any part of the property covered by such mortgage, conditional sales agreement, or security agreement without the written consent of the holder of such mortgage, conditional sales agreement, or security agreement, or who willfully abandons the property covered by such mortgage, conditional sales agreement, or security agreement without first giving written notice to such secured party of his intention to abandon such property, or who removes any part of the property covered by such mortgage, conditional sales agreement, or security agreement from the county in which such mortgage, conditional sales agreement, or security agreement is filed except temporarily in accordance with the usual and customary use of the same or similar kinds of property while the lien of his mortgage, conditional sales agreement, or security agreement remains in force and unsatisfied without the written consent of the holder of such mortgage, conditional sales agreement, or security agreement, is guilty of a Class 6 felony.
This is not unlike what’s taking place in the matter of the Gear-Up case, where what’s currently being prosecuted for two of the defendants are similar low level charges involving falsification of evidence.
Not the most significant of charges, but sometimes you have to play the hand you’re dealt.