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Thursday, November 29, 2001

Brothers accused of scheme


Butler County business cheated customers, officials say

By Janice Morse
The Cincinnati Enquirer

        HAMILTON — A trio of brothers who ran a Butler County-based construction company is charged with bilking customers and suppliers in six counties in an alleged scheme involving pole barns that were never built.

        The Ohio Attorney General's Office, Butler County officials and other authorities conducted a 10-month investigation that culminated in indictments Wednesday against Daniel P., William J. and Timothy W. Hicks, all of Kentucky, said Dan Ferguson, a Butler County assistant prosecutor. They participated in a business known as APF Construction in southeastern Butler County, Mr. Ferguson said.

        Part of the county's intensified crackdown on white-collar and consumer-fraud crimes, the case is basically about “the sale of pole barns that were not delivered,” Mr. Ferguson said. About 17 customers in Butler, Warren, Hamilton, Clermont, Clinton and Holmes counties were charged for structures that went unbuilt, he said. The victims reported losses ranging from a few thousand apiece to more than $20,000.

        Further, Mr. Ferguson said, the businessmen are accused of failing to pay three suppliers a total of more than $100,000 for materials.

        Timothy Hicks' lawyer, Mike Sutton of Florence, said his client “never engaged in illegal or criminal activity involving the sale of those barns.” While prosecutors and investigators allege that there were many victims, Mr. Sutton said his client had “many happy customers.”

        William Hicks' lawyer, Mike O'Hara of Erlanger, declined comment. Daniel Hicks was being held in Hamilton County on other charges, Mr. Ferguson said.

        The charges against the men reflect varying degrees of involvement, Mr. Ferguson said.

        Daniel, 37, faces six counts of passing bad checks for allegedly depositing about $67,000 in non-sufficient-funds checks from his personal account into the construction company's banking ac count, Mr. Ferguson said. He also faces charges of theft by deception, forgery and complicity to theft by deception.

        His younger brother, William, 32, is charged with 21 counts of theft by deception, attempted theft by deception and engaging in a pattern of corrupt activity. The oldest brother, Timothy, 38, is charged with 21 counts of complicity to theft by deception, complicity to attempted theft by deception, theft by deception and engaging in a pattern of corrupt activity.

        The corrupt-activity charge, the most serious they face, carries a sentence of up to 10 years if convicted.

       



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