June 9, 2011
Identity thief Ramie Marston committed bankruptcy fraud by deliberately failing to report debt she incurred using the names and Social Security numbers of unsuspecting victims. Either that, or Marston failed to report the debt she racked up by committing identity fraud because she filed for bankruptcy "in haste" and without a lawyer.
Those opposing theories were presented to a jury in the U.S. District Court of New Hampshire on Wednesday, the first day of trial for Marston, a former Seacoast resident who was previously convicted for stealing her nanny's identity to incur tens of thousands of dollars in debt. After hearing some of the arguments Wednesday, presiding Judge Paul Barbadoro shared his opinion about Marston's guilt or innocence.
"As far as I can see, the government's evidence of guilt is overwhelming," the judge said while the jury was outside the courtroom.
But it's the jury who'll decide Marston's guilt or innocence.
Assistant U.S. Attorney Al Rubega told those jurors that Marston filed for bankruptcy on March 12, 2009, listing her name and one alias; Robbie Marston. She signed under the penalties of perjury, he said, that she hadn't used any other name during the eight years that preceded her bankruptcy filing.
Marston didn't list the names Sarah Calderon, Kristy Kromer, Susan Blake or Ramie Brown, in spite of the fact that she obtained credit and incurred debt under those names, said the prosecutor. Three of them will testify against Marston this week, he said. Two of them flew from Nevada to do so.
"She talked each of them into cosigning a loan and then she used their names to get credit, loans, DirectTV, in their names," Rubega said. "She got Blake to sign a loan with BMW of America and then used her name to get credit and loans. Ms. Blake will testify that (Marston) incurred debts (using Blake's name) through Bank of America, American Express and BMW of America for $50,000, in addition to the $50,000 (Blake) got in a civil judgement." Rubega told the jury U.S. Postal Inspector Brian Begley will testify that in response to Blake's claims, he executed a warrant to search Marston's property and found bills in Calderon's name, but mailed to Marston.
"You'll hear evidence that (Marston) admitted under oath that occurred," Rubega said. "You'll have enough evidence to find her guilty." Bjorn Lange, Marston's defense attorney, told the jury "some of the points are not going to be protested." But just because she filed for bankruptcy and omitted some information, he said, "does not make it a crime."
"There must be criminal intent," Lange said.
He told the jury Marston drove from Nevada to New Hampshire in 2007 for "a fresh start." She was newly divorced and thought she had "personal and work connections," he said.
"But it did not work out well at all," Lange told the jury.
The following fall Marston received a letter from the U. S. Attorney's office informing her she was the target of a federal investigation. And after she was found guilty of stealing her nanny's ID to commit financial fraud, Marston was court-ordered to pay Blake $500-a-month "or go to jail," said the defense attorney.
"In a state of panic," Marston filed for bankruptcy and "didn't get it right," he said.
"I believe that when you do deliberate this case, you will find my client not guilty," said Lange.
The first witness called was bankruptcy trustee Michael Askenaizer who explained to the jury how typical bankruptcy proceedings occur. He said he was "surprised" Marston checked that she had no bank account because "it's rare that someone today does not have a bank account." Another "red flag" was that Marston checked a box on the bankruptcy form indicating she "disputed" her $50,000 debt to Blake, he said.
Askenaizer said Marston listed her profession as insurance fraud investigator and that her employer was Marston Insurance and Investigations of Hampton.
Begley, now a retired federal postal inspector, told the Herald during a trial break that once he began investigating Blake's claims, the case "just blossomed." "Ramie knows how to pick her victims," he said.
Earlier this week Marston petitioned the court to allow her to dye her hair blonde, "particularly at the roots," which have grown in darker since her April 20 arrest. Through a motion filed with the court she asked permission to color her hair at a secure location in the federal courthouse prior to Tuesday's jury selection.
Rubega objected and the motion was denied by Judge Joseph Laplante.
Federal prosecutors allege that while Marston was under house arrest and on federal probation, she began dating her roommate's friend and within months forged his name on divorce papers, billed a diamond ring to his estranged wife and hacked his email account. During the same period, Marston is alleged to have used stolen credit card information to buy home goods, pizza, gas, drug store items and to pay a $9,693 debt.
On May 5, Judge Landya McCafferty ordered Marston held without bail after finding "there are no conditions or combination of conditions of release that will assure that (Marston) will not flee or pose a danger to the community." Marston completed her 15-month prison sentence on federal convictions for the nanny case in November of 2010 and was placed on three years of federal supervised release.
The bankruptcy fraud trial is expected to last three days and the conclusion will trigger jury deliberations.
Identity thief Ramie Marston committed bankruptcy fraud by deliberately failing to report debt she incurred using the names and Social Security numbers of unsuspecting victims. Either that, or Marston failed to report the debt she racked up by committing identity fraud because she filed for bankruptcy "in haste" and without a lawyer.
Those opposing theories were presented to a jury in the U.S. District Court of New Hampshire on Wednesday, the first day of trial for Marston, a former Seacoast resident who was previously convicted for stealing her nanny's identity to incur tens of thousands of dollars in debt. After hearing some of the arguments Wednesday, presiding Judge Paul Barbadoro shared his opinion about Marston's guilt or innocence.
"As far as I can see, the government's evidence of guilt is overwhelming," the judge said while the jury was outside the courtroom.
But it's the jury who'll decide Marston's guilt or innocence.
Assistant U.S. Attorney Al Rubega told those jurors that Marston filed for bankruptcy on March 12, 2009, listing her name and one alias; Robbie Marston. She signed under the penalties of perjury, he said, that she hadn't used any other name during the eight years that preceded her bankruptcy filing.
Marston didn't list the names Sarah Calderon, Kristy Kromer, Susan Blake or Ramie Brown, in spite of the fact that she obtained credit and incurred debt under those names, said the prosecutor. Three of them will testify against Marston this week, he said. Two of them flew from Nevada to do so.
"She talked each of them into cosigning a loan and then she used their names to get credit, loans, DirectTV, in their names," Rubega said. "She got Blake to sign a loan with BMW of America and then used her name to get credit and loans. Ms. Blake will testify that (Marston) incurred debts (using Blake's name) through Bank of America, American Express and BMW of America for $50,000, in addition to the $50,000 (Blake) got in a civil judgement." Rubega told the jury U.S. Postal Inspector Brian Begley will testify that in response to Blake's claims, he executed a warrant to search Marston's property and found bills in Calderon's name, but mailed to Marston.
"You'll hear evidence that (Marston) admitted under oath that occurred," Rubega said. "You'll have enough evidence to find her guilty." Bjorn Lange, Marston's defense attorney, told the jury "some of the points are not going to be protested." But just because she filed for bankruptcy and omitted some information, he said, "does not make it a crime."
"There must be criminal intent," Lange said.
He told the jury Marston drove from Nevada to New Hampshire in 2007 for "a fresh start." She was newly divorced and thought she had "personal and work connections," he said.
"But it did not work out well at all," Lange told the jury.
The following fall Marston received a letter from the U. S. Attorney's office informing her she was the target of a federal investigation. And after she was found guilty of stealing her nanny's ID to commit financial fraud, Marston was court-ordered to pay Blake $500-a-month "or go to jail," said the defense attorney.
"In a state of panic," Marston filed for bankruptcy and "didn't get it right," he said.
"I believe that when you do deliberate this case, you will find my client not guilty," said Lange.
The first witness called was bankruptcy trustee Michael Askenaizer who explained to the jury how typical bankruptcy proceedings occur. He said he was "surprised" Marston checked that she had no bank account because "it's rare that someone today does not have a bank account." Another "red flag" was that Marston checked a box on the bankruptcy form indicating she "disputed" her $50,000 debt to Blake, he said.
Askenaizer said Marston listed her profession as insurance fraud investigator and that her employer was Marston Insurance and Investigations of Hampton.
Begley, now a retired federal postal inspector, told the Herald during a trial break that once he began investigating Blake's claims, the case "just blossomed." "Ramie knows how to pick her victims," he said.
Earlier this week Marston petitioned the court to allow her to dye her hair blonde, "particularly at the roots," which have grown in darker since her April 20 arrest. Through a motion filed with the court she asked permission to color her hair at a secure location in the federal courthouse prior to Tuesday's jury selection.
Rubega objected and the motion was denied by Judge Joseph Laplante.
Federal prosecutors allege that while Marston was under house arrest and on federal probation, she began dating her roommate's friend and within months forged his name on divorce papers, billed a diamond ring to his estranged wife and hacked his email account. During the same period, Marston is alleged to have used stolen credit card information to buy home goods, pizza, gas, drug store items and to pay a $9,693 debt.
On May 5, Judge Landya McCafferty ordered Marston held without bail after finding "there are no conditions or combination of conditions of release that will assure that (Marston) will not flee or pose a danger to the community." Marston completed her 15-month prison sentence on federal convictions for the nanny case in November of 2010 and was placed on three years of federal supervised release.
The bankruptcy fraud trial is expected to last three days and the conclusion will trigger jury deliberations.
Bankruptcy Wizard
341 Meeting: September 2010
November 2010
Comment