People v. Kimble CA3

BACKGROUND

Defendant obtained $252,000 from Roy T. and Barbara T. between May 2007 and October 2009, along with a business loan of $24,000. In addition, defendant obtained $20,000 from Ray T. and Joanne T. in July 2008.2 The $252,000 from Roy and Barbara and the $20,000 from Ray and Joanne were intended to be investments in defendant’s company MT2Y, which sold medical records software and energy-efficient electric adapters and light fixtures. The victims were 75 years of age or older when defendant obtained the money. Defendant belonged to the same church as Roy and Barbara and Roy thought of defendant as a friend. Defendant told them that in return for their investment, they would receive shares representing 15 or 17 percent of MT2Y. According to Roy, defendant said

1 Undesignated statutory references are to the Penal Code.

2 We will refer to certain individuals by their first names for clarity.

2 they could do very well investing with defendant. Defendant did not explain the risks associated with the investment or how they could sell their MT2Y shares. Defendant took Roy and Barbara’s money on 13 occasions. On each occasion, Roy or Barbara wrote defendant a check and gave…