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Colorado Springs developer to face racketeering charges again

A Colorado Springs developer is facing renewed charges of theft and racketeering after the Colorado Court of Appeals reinstated the charges on April 10. According to reports, the developer was originally charged with multiple counts of defrauding investors across El Paso County. The man was acquitted of the charges in 2009 after a high-profile trial that lasted three weeks.

Three years later, he faced new charges of theft and racketeering filed in February 2012. According to reports, the man is accused of diverting funds from $2 million in grant money from the El Pomar Foundation that was supposed to go to the city. One of the charges was related to the events named in the 2009 trial, and a judge ruled that the 2012 charges violated the man's right not to be tried twice for the same crime.

The Colorado Court of Appeals disagreed, however, and overturned the 2012 dismissal in a unanimous decision. The court did say that the man can still try to argue double jeopardy. The man faces a $750,000 fine for the theft charges and up to 12 years in prison, while the racketeering charges could result in fines of $1 million and another 24 years in prison if he is convicted.

The man's attorney says they are planning to appeal to the Colorado Supreme Court. A situation like this shows how important it is for those accused to understand the exact charges against them and how the law applies in cases that may qualify as double jeopardy. Depending on the Colorado Supreme Court's decision, this could set a precedent for future similar cases.

Source:  The Gazette, "Criminal charges reinstated against Colorado Springs developer Ray Marshall" Wayne Heilman, Apr. 10, 2014

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