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State delays Sarasota court hearing for Brivik
By Michael Braga
SARASOTA - Compared with the two-hour-long bond hearing last week at which opposing attorneys nearly came to
blows, Mark Brivik's arraignment was a nonevent.
Related Links:
* Bond hearing sets off attorney in Brivik fraud case
* Vern Buchanan's hand in failed land deal
* Brivik deals offer lesson about real estate boom
* Property flipper charged with 23 felony counts
Brivik, left, and Dannheisser
When the South African-born real estate investor's name was called in court Friday morning, he was told that the
moment at which he needs to plead guilty or not guilty to charges of defrauding seven investors in a Manatee County
real estate deal has been postponed.
For Dan Dannheisser, the attorney who represented Brivik at his bond hearing, the decision to postpone means that
state prosecutors do not have a case.
"They did that because they don't know what to charge him with," Dannheisser said.
"They can't accuse him of securities violations because the real estate deal he set up is clearly not a security, and they
can't charge him with fraud because the statute of limitations has run out."
For fraud charges to stick, Dannheisser said, the state would have had to file the charge within four years of the alleged
crime or one year after it was discovered. Because the alleged crime took place in 2005 and was discovered in 2007,
the state fails in both respects, Dannheisser said.
But Assistant State Attorney Guy Flowers said Dannheisser should not to jump to conclusions.
"This is a complex case," Flowers said. "We're just making sure all the facts are thoroughly investigated so when we
reach a result it will be the right one."
Brivik was arrested July 19 and charged with 23 counts of conspiring to commit fraud and dealing in unregistered
securities.
By Michael Braga
SARASOTA - Compared with the two-hour-long bond hearing last week at which opposing attorneys nearly came to
blows, Mark Brivik's arraignment was a nonevent.
Related Links:
* Bond hearing sets off attorney in Brivik fraud case
* Vern Buchanan's hand in failed land deal
* Brivik deals offer lesson about real estate boom
* Property flipper charged with 23 felony counts
Brivik, left, and Dannheisser
When the South African-born real estate investor's name was called in court Friday morning, he was told that the
moment at which he needs to plead guilty or not guilty to charges of defrauding seven investors in a Manatee County
real estate deal has been postponed.
For Dan Dannheisser, the attorney who represented Brivik at his bond hearing, the decision to postpone means that
state prosecutors do not have a case.
"They did that because they don't know what to charge him with," Dannheisser said.
"They can't accuse him of securities violations because the real estate deal he set up is clearly not a security, and they
can't charge him with fraud because the statute of limitations has run out."
For fraud charges to stick, Dannheisser said, the state would have had to file the charge within four years of the alleged
crime or one year after it was discovered. Because the alleged crime took place in 2005 and was discovered in 2007,
the state fails in both respects, Dannheisser said.
But Assistant State Attorney Guy Flowers said Dannheisser should not to jump to conclusions.
"This is a complex case," Flowers said. "We're just making sure all the facts are thoroughly investigated so when we
reach a result it will be the right one."
Brivik was arrested July 19 and charged with 23 counts of conspiring to commit fraud and dealing in unregistered
securities.
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