People v. Vo CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

This factual summary is taken from the presentence probation report, the prosecution’s sentencing memorandum, and victim testimony and other evidence from the restitution hearing. Vo was a real estate broker who represented Dennis A. in the purchase of a house in San Jose. (We refer to Dennis A. by his first name to preserve his

1 anonymity [California Court Rules, rule 8.90 (a)(4)], intending no familiarity or disrespect.) Helen Spangler, Vo’s co-defendant, introduced Dennis to Vo and assisted with the purchase. Dennis believed that Vo and Spangler had a “close relationship” and were “business partners.” Dennis did not qualify for financing to purchase the property, so Vo offered to purchase it for him with the understanding that he would take immediate possession and live there and she would transfer title to him either after providing him a loan through her company, Greentronix, or after he obtained his own financing with Spangler’s assistance. Dennis deposited $200,000 for his future down payment into an escrow account Spangler controlled, and $23,250 as an earnest money deposit. Although Dennis assumed Vo bought the house with cash,…