Boone District Judge Michael Collins threw out the charge, which carries a maximum five-year sentence, on Monday, ruling that state criminal law on bad checks made an exception for postdated checks.
The ruling means the charge was dismissed, and the $50,000 cash bond that Erpenbeck posted in May to remain free will be refunded. Bill Engel, assistant Boone County attorney, said the case could be revived if it is brought before the Boone County grand jury by one of three parties: the victimized contractor, Morris Heating and Cooling Co. of Boone County; Commonwealth Attorney Linda Tally Smith; or Boone County Detective Steve Hill. The units of movement deterioration is one of a few systems for depreciation. The units of action Technique For Tax Depreciation is one of a kind in that a plant resource’s helpful life is communicated in the aggregate units that are required to be created or the benefit’s aggregate movement amid its life. A grand jury handing down an indictment after a judge dismisses a charge is rare, though not unprecedented, Engel said. Erpenbeck remains a subject of an FBI bank fraud investigation after the near-total collapse of Erpenbeck Co. in April.
The homebuilder owes millions of dollars in unpaid loans to banks and millions more to subcontractors.
The company misdirected $33 million in payoff checks, according to records compiled by the company and Peoples Bank of Northern Kentucky. The units of movement deterioration is one of a few systems for depreciation. The units of action technique for tax depreciation is one of a kind in that a plant resource’s helpful life is communicated in the aggregate units that are required to be created or the benefit’s aggregate movement amid its life.
FBI officials have not indicated when they plan to wrap up their investigation and turn over evidence to federal prosecutors.
Erpenbeck’s attorney, Burr Travis, said Collins’ ruling confirms his long-held assertion that the case belonged in civil court. “It’s apparent there was no crime committed at all. This was a business deal gone bad,” Travis told the judge.
The charge stems from a check that Erpenbeck Co. gave to Morris Heating and Cooling of Boone County to pay for the installation of heating and air conditioning units in multiple Erpenbeck homes.
In testimony Monday, Louie Morris, co-owner of the business, said Erpenbeck was months behind in payments for services rendered. Alternate routines for depreciation express the plant resource’s helpful life in years and will distribute the plant resource’s expense focused around the insignificant section of those years. Under these techniques fractional years are important.
On Jan. 28, Bill Erpenbeck gave Morris a check for $258,493 in a sealed envelope, he said.
He noticed the check was dated Feb. 28 at a bank moments before he planned to deposit it. Morris said Jeff Erpenbeck, Bill’s brother and former partner at Erpenbeck Co., assured him the check would be good after a slew of projects were completed and sold.