Skip Maine state header navigation

Agencies | Online Services | Help

STATE OF MAINE SUPERIOR COURT

PENOBSCOT, ss CRIMINAL ACTION

DOCKET NO. CR‑05‑

 

STATE OF MAINE ) INDICTMENT FOR FOUR COUNTS

) OF THEFT BY DECEPTION

v. ) (17-A M.R.S.A. 354) [COUNTS I, II,

) III, AND IV (CLASS B)], ONE

BARBARA R. GOURLEY ) COUNT OF SALE OF

(DOB: 4/10/1953) ) UNREGISTERED SECURITIES

ATN: 385616A ) (32 M.R.S.A. 10401, 10602)

CTN: 001 (Count I), 002 (Count II), ) [COUNT V (CLASS C)], AND ONE

003 (Count III), 004 (Count IV), ) COUNT OF SECURITIES FRAUD

005 (Count V), 006 (Count VI) ) (32 M.R.S.A. 10201, 10602)

) [COUNT VI (CLASS C)]

Defendant. )

THE GRAND JURY CHARGES:

COUNT I

(Theft by Deception)

From on or about October 11, 2001, through on or about May 23, 2003, in the Counties of Penobscot and Piscataquis, State of Maine, Defendant Barbara R. Gourley did commit theft pursuant to one scheme or course of conduct by obtaining property of Sandra Gallo-Lee and William Lee, such property consisting of money having an aggregate value in excess of $10,000.00, with the intent to deprive the owners thereof and as a result of deception, in that Defendant did intentionally fail to disclose known liens, adverse claims, and legal impediments to the enjoyment of property that the Defendant encumbered in consideration for the money obtained, all in violation of 17‑A M.R.S.A. 352(5)(E), 354, and 362(1) & (2)(A) (1983 & Supp. 2001).


COUNT II

(Theft by Deception)

From on or about December 17, 2002, through on or about June 23, 2003, in the County of Penobscot, State of Maine, Defendant Barbara R. Gourley did commit theft pursuant to one scheme or course of conduct by obtaining property of Gail and Jason Graves, James Winn, and Lois Morong, such property consisting of money and notes having an aggregate value in excess of $10,000.00, with the intent to deprive the owners thereof and as a result of deception, in that Defendant did intentionally fail to disclose known liens, adverse claims, and legal impediments to the enjoyment of property that the Defendant transferred in consideration for the money and notes obtained, all in violation of 17‑A M.R.S.A. 352(5)(E), 354, and 362(1) & (2)(A) (1983 & Supp. 2002).

COUNT III

(Theft by Deception)

From on or about December 20, 2000, through on or about November 5, 2003, in the Counties of Penobscot and Somerset, State of Maine, Defendant Barbara R. Gourley did commit theft pursuant to one scheme or course of conduct by obtaining property of Doris Hayes, Kathy and Eric Marsh, Bernard and Jane Jones, and the B & J Trust, such property consisting of money having an aggregate value in excess of $10,000.00, with the intent to deprive the owners thereof and as a result of deception, in that Defendant did intentionally fail to disclose known liens, adverse claims, and legal impediments to the enjoyment of property that the Defendant transferred in consideration for the money obtained, all in violation of 17‑A M.R.S.A. 352(5)(E), 354, and 362(1) & (2)(A) (1983 & Supp. 2000).


COUNT IV

(Theft by Deception)

From on or about June 3, 2002, through on or about October 30, 2002, in the County of Penobscot, State of Maine, Defendant Barbara R. Gourley did commit theft pursuant to one scheme or course of conduct by obtaining property of Kathy and Eric Marsh, Jane Jones, and the B & J Trust, such property consisting of money having an aggregate value in excess of $10,000.00, with the intent to deprive the owners thereof and as a result of deception, in that Defendant did intentionally fail to disclose known liens, adverse claims, and legal impediments to the enjoyment of property that the Defendant encumbered in consideration for the money obtained, all in violation of 17‑A M.R.S.A. 352(5)(E), 354, and 362(1) & (2)(A) (1983 & Supp. 2002).

COUNT V

(Sale of Unregistered Securities)

From on or about October 11, 2001, through on or about May 23, 2003, in the Counties of Penobscot and Piscataquis, State of Maine, Defendant Barbara R. Gourley did, pursuant to one scheme or course of conduct, intentionally or knowingly offer and sell securities, namely notes secured by mortgages on three parcels of land owned by Defendant and William A. Gourley in Dexter and Sangerville, State of Maine, knowing that the securities were not registered under the Revised Maine Securities Act, all in violation of 32 M.R.S.A. 10401 & 10604(1)(A) (1999).


COUNT VI

(Securities Fraud)

From on or about October 11, 2001, through on or about May 23, 2003, in the Counties of Penobscot and Piscataquis, State of Maine, Defendant Barbara R. Gourley, pursuant to one scheme or course of conduct and in connection with the offer and sale of securities, namely notes secured by mortgages on three parcels of land owned by Defendant and William A. Gourley in Dexter and Sangerville, State of Maine, did intentionally or knowingly engage in a course of business that would and did operate as a fraud or deceit upon Sandra Gallo-Lee and William Lee and did intentionally or knowingly fail to disclose material facts, the disclosure of which was necessary to make other statements made by Defendant, in the light of the circumstances under which they were made, not misleading, to wit, Defendant intentionally or knowingly failed to disclose to Sandra Gallo-Lee and William Lee the presence of existing mortgages on the three parcels and the amounts owed on those mortgages, which amounts exceeded the value of the three parcels, all in violation of 32 M.R.S.A. 10201 & 10604(1)(A) (1999).

 

A TRUE BILL.

 

DATED: July 5, 2005

FOREMAN