Racketeering case sent to Medford jury - September 26, 2002

Mail Tribune (Medford, OR — Wayback)

2002-10-12

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CLEAR Temp: 52 °F Wind: S at 3 mph Friday, October 11, 2002   SECTIONS Home Page Local News Sports Business Obituaries   Life   Opinion - Politics   AP News   Weather   Classified   Archives   Site Map   EXTRA HomeLife Magazine W3 Magazine Jobs @ Mail Tribune Tempo A & E Oregon CarZone   Wellness Connection   Real Estate   Newspaper in Education   Prime Times   Outdoor Journal   Personals   Movie Times   TV Times   E The People   CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything   E SOUTHERN OREGON Automotive Communities   Entertainment   Publications   Recreation   Calendar   ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Contact Us Media Kit Email Story to a Friend September 26, 2002 Racketeering case sent to Medford jury By DANI DODGE Mail Tribune Former Medford Planning Commissioner Dennis Nielsen and his business partner stole more than $50,000 by doctoring invoices and scamming kickbacks while overseeing a remodel on a beer distribution center, a prosecutor alleged in court Wednesday. "Numerous forged documents were found at each defendant’s house," Deputy District Attorney Karen Loomis said in her closing arguments. "Dollar amounts were changed. Address labels covered up numbers on the invoices. "Their goal was to steal money." But attorneys for Nielsen and his business partner Lee Greenstone said the pair took only what they deserved for the job and are the victims of a badly written contract that’s been misinterpreted. "They are trying to make this a lot more than it really is," said Carl Caplan, Greestone’s attorney. "There were no thefts, there were no forgeries ... this was and always will be a disagreement over money." In his closing arguments, Caplan told the jury: "By returning verdicts of not guilty, you will not end the issue ... what you will do is send it back to civil court where it belongs." The case started in the spring of 2000, when Nielsen and his cousin joined forces to start a company called First Choice Construction. They took a job remodeling the Western Beverage Co. Budweiser distribution center at 910 Mason Way in Medford. Loomis said the contract gave Nielsen and Greenstone $40,000 for their work on the half-million dollar job. But Nielsen and Greenstone changed subcontractors’ invoices to reflect higher prices before faxing them to Western Beverage, she said. Then they kept the difference for themselves. She also said they told some subcontractors to jack up their prices and give them the difference. Eventually, they scammed more than $50,000 over the contract, she said. The men face charges of racketeering, aggravated theft, three counts of first-degree theft, first-degree forgery, having a forged document, and doing construction without a license. Their trial started Sept. 17. Wednesday, the jury began its deliberations. In his closing arguments, Nielsen’s attorney David Orf said Nielsen was simply a "front man" for the company. "He was the guy who sent faxes," Orf said. At the time, Nielsen was highly regarded in the community, having started an award-winning company that helped contractors get work as well as working on numerous city and regional committees and commissions. But after his arrest, the Medford City Council declined to reappoint him to the planning commission, and in April 2001, he resigned from the city’s Site Plan and Architectural Commission. This summer, Nielsen was sentenced to five days in jail after pleading guilty to food stamp fraud. The defendants face possible sentences of five years in prison if convicted on the racketeering charge alone. But, both defense attorneys said their defendants did what was expected and customary in the construction business. They said that it’s typical for the people in charge of the project to take a percentage of the money given to subcontractors. Unfortunately, confusion ensued because of the badly written contract and the rush to get the job done. "They wanted the project done now," said Caplan. "First Choice complied. One of the few things everyone agrees about is the remodel was done well and in a timely manner." Printer Friendly Version   Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News  | Sports  | Business  | Obituaries  | Life Opinion - Politics | AP News | Archives  |  Site Map   E Southern Oregon  | Classified   Copyright 1997-2002 Mail Tribune. All rights reserved. Privacy Policy webmaster feedback A D V E R T I S E R S