Plea deals for Jarmin and Jordan likely to be reinstated

February 18, 2016

CaliforniaCourtsA California appellate court has indicated it would rule to reinstate the plea deals San Luis Obispo County prosecutors made last year with hard money lenders Rod Jarmin and Tammy Jordan. The plea agreements would allow Jarmin and Jordan to escape jail time, and prosecutors have been trying for months to overturn them. [Tribune]

In April 2014, Jarmin and Jordan were arrested in connection with a scheme in which they allegedly swindled more than 700 investors out of $30 million. Both defendants then pleaded not guilty to seven felony counts of the sale of securities by means of false statements and omissions.

Each violation is punishable by up to five years in prison and up to a $10 million fine. But on June 10, Jarmin and Jordan pleaded no contest, and San Luis Obispo Judge Donald Umhofer reduced the seven felonies to misdemeanors.

In addition to avoiding jail time, Jarmin and Jordan would only have to pay $114,000 in restitution under the plea deal.

Shortly following the deal, the district attorney’s office filed a motion to reconsider, alleging Umhofer wrongly reduced the charges to misdemeanors before a plea was made. In July, Umhofer granted the motion and reinstated seven felony charges against Jarmin and Jordan. Umhofer then removed himself from the case.

After Umhofer changed the charges back to felonies, the attorneys for Jarmin and Jordan appealed the ruling to the state appellate court.

Last week, the Second District Court of Appeal issued an alternative writ of mandate in favor of Jarmin and Jordan. Alternative writs of mandate are not final legal decisions, but they indicate how the appellate court would rule if it were to continue hearing the case.

Now, a superior court judge must decide by next month whether to reinstate the misdemeanor plea deals or allow the district attorney’s office to formally argue the case before the appellate court.

Even though the appellate court has indicated it would side with Jarmin and Jordan, District Attorney Dan Dow said he still wants to contest the plea deals. Dow said the DA’s office would work to ensure the victims have an opportunity to be heard prior to the court ordering sentencing or restitution. The state’s Victim’s Bill of Rights requires that victims be notified prior to a plea bargain, the DA’s office said.

If the San Luis Obispo judge who takes over the case does not oppose the appellate court’s writ, the case will go to sentencing and restitution hearings.


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horse_soldier

John Wallace just breathed a deep sigh of relief.


slojustice

You wonder why people think our system is in trouble? Some guy steals a $2500.00 dollar car and he does 5 years in prison. These dirt bags loot 30 million and they walk. This county has looked the other way with a lot of these real estate swindlers and some of them are still in business. Some crimes really pay !


kayaknut

And you wonder why, well where do you think some of that 30 million went?, to the election campaigns or hidden LLC’s of those we look at to punish these crooks, yeah like real punishment is going to happen.


Paso_Guy

Here’s where the $30,000,000 went: about 40/45% was lost in the real estate market drop….not Jarmin or Jordan’s fault. The rest was a combination of robbing Peter to Pay Paul type of shinanigans ok if the properties sell for a non-loss but illegal if you get caught….they got caught with millions of construction dollars gone by paying themselves and contractors without the work being completed….just sloppy business practices in general.


The constructin funds were also being used to pay the investors their interest payments and when you do that you eventually run out of money with incomplete projects.


Should they serve time? I donno, but certainly more than $107,000 should be paid.


sand_runner

“A California appellate court has indicated it would rule to reinstate the plea deals San Luis Obispo County prosecutors made last year with hard money lenders Rod Jarmin and Tammy Jordan.”

This is straight forward text.


But the “reporting” on the background of the plea deals San Luis Obispo County structured and agreed to remains unaddressed.

5 Ws & 1 H – Where areth thou?http://blog.journalistics.com/2010/five-ws-one-h/

The bigger question is who put this fiasco together and tied it up with a bow? The appellate court judge did not simply take Jarmin and Jordan’s attorney’s word for it. No doubt a mountain of evidence was provided.

Interesting legal wrangling.

A real shame 700 investors have been now victimized twice!


TWEEKSBALMER

Look at the last D.A.


Mr. Holly

Will be very interesting if the DA’s office takes any responsibility for this and if anyone will be reprimanded or fired.

I already have an idea what the answer to that will be-ha ha.


TWEEKSBALMER

We did fire him and elected Dow.


Robert1

Sad, hope there is recourse for the victims.


SLO_Johnny

Can’t get blood from a stone. They can sue and win but they can’t collect.


Paso_Guy

The DA,s office really screwed up on this one. At the onset, the bail for ther two was $5,000,000 and now they are gonna walk with misdemeanors.


CCN says they swindled $30,000,000 and will make restitution of .0035% of that amount. Did anything go right here?


http://www.slocounty.ca.gov/DA/Economic_Crime_Unit/RPL_Prosecution.htm


TWEEKSBALMER

Remember it wasn’t this D.A. so let’s something a little worse happens to the two crooks.


Paso_Guy

I’m talking about the Deputy DA who was on this case…..his name escapes me, he was present in the courtroom when this thing went south. Dow had nothing to do with this.


Paso_Guy
dogeatdog

Who says crime does not pay? You steal $30mill and only have to pay back $114,000

sounds like it pays to me.


SloTownMan

Unreal. Should never see the light of day again!


TWEEKSBALMER

You have got to be kidding letting them off this easy. Go get them Mr. Dow and at least let everyone let others know these people should be behind bars.