Archive for the ‘fraud’ Tag
I never even heard of a town called Niskayuna but apparently Keith does not live in Schenectady, his mom owns the house in Niskayuna. Yeah, a 47 year-old man who lives with his 84 year old mom in her house. I wouldn’t get teary-eyed and believe he does that to look after her so that she can stay in her own home. In fact, he never once mentioned her to me but he did get upset when I said I’d come up to visit.
Niskayuna is actually a VERY nice town. And their Police Dept. is very pleasant and professional to work with. As in most small towns, Police and Municipal are in the same building. It’s curious to me how in most towns, even here in New Jersey, the police department offices are in the rear or side of the municipal building. Guess they need that for patrol cars. So why did I visit their Police Dept.? To submit my deposition and once again ID Keith’s picture from their computer files s I did in Schenectady.
It was a busy day though. I also visited a process server who is busy serving Information Subpoenas to Keith and other individuals and businesses in the area.
It’s so interesting that no matter where in Schenectady my travels take me, if it has anything to do with the legal system, people know Keith’s name, and they don’t hesitate to tell me their story. Heck, I could write a book of “stories.” Maybe I will.
So as not to disappoint the “visual” among us…and I’m one of you, here are some pictures of my visit…The Niskayuna Police and the County Office building.
Grand Larceny comes in different degrees.
Back to Civil Court for a judgment to recover the loan resulted in a default judgment after a minor briefing of the judge as to the facts of the case. Then the judge asked me if I had ever filed charges against Keith Wells with the District Attorney’s office or the Police Department. No, I had not. It was suggested that perhaps that may be something I may want to look into. And so it is, for if there is a criminal case against Keith Wells, it will be for something like Grand Larceny or Fraud. Note that ALL penalties of Grand Larceny carry with them prison terms!
It’s interesting to me that there are terms for repeat killers….”serial killer,” but no terms for someone who repeatedly acts in such a manner as to precipitate people from filing civil court complaints for judgments to reclaim their money. Click on title below for link to definitions of Grand Larceny NYS Penal Code.
Grand larceny charges in New York come in one of the following four degrees:
- Grand Larceny in the First Degree
- NY Penal Law § 155.42
- Class B felony
- A class B felony in New York is punishable by up to 25 years in prison
- Grand Larceny in the Second Degree
- NY Penal Law § 155.40
- Class C felony
- A class C felony in New York is punishable by up to 15 years in prison
- Grand Larceny in the Third Degree
- NY Penal Law § 155.35
- Class D felony
- A class D felony in New York is punishable by up to 7 years in prison
- Grand Larceny in the Fourth Degree
- NY Penal Law § 155.30
- Class E felony
- A class E felony in New York is punishable by up to 4 years in prison
§ 190.65 Scheme to defraud in the first degree.
1. A person is guilty of a scheme to defraud in the first degree when
he or she:
(b) engages in a scheme constituting a
systematic ongoing course of conduct with intent to defraud more than
one person or to obtain property from more than one person by false or
fraudulent pretenses, representations or promises, and so obtains
property with a value in excess of one thousand dollars from one or more such persons;
So let’s consider…Keith
- Wrote the Promissory Note …did he intend to repay?
- May have made false representation by saying he was fixing up a property in order to flip it which I come to find he doesn’t own and in fact has been owned by another party for years . A “fixer-upper” is not something you want to hold onto for years unless you are living there or own and rent it out for income.
- Value is definitely in excess of $1,000.
- I am not the only such victim and so it is a ongoing course of conduct
If the shoe fits……
Keith wrote up the Promissory Agreement with the amount of interest he wanted to pay. You can see it on the attached document. Signed Promissory Note Too late I discovered that the way Keith wrote the note itself may be problematic. Keith told me how he charges tenants usurious rates of interest. Well, he did the same here when he wrote the note, so basically he wrote a Void Contract for himself. A court can choose to ignore the interest or roll it to the appropriate rate. Of course that’s assuming that the $1,000. is interest, which it really is not. He offered to purchase a gift for me with a price tag of $920. (Yes, very generous) So the Note is $7000 + $920 gift + $80 interest. Appearances can be deceiving.
Oh, and here’s the alleged property he was fixing to flip:
1214 7th Avenue, Schenectady, NY
Want to see an interesting fact? Keith Wells not only does not own the building, the current owners have owned it since 2004! This is from the records of Loopnet:
keithdiver 