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Former Coug great Michael Smith in hot water?

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  • Former Coug great Michael Smith in hot water?

    http://www.ocregister.com/news/victi...osecutors.html
    SANTA ANA – A television commentator for the Los Angeles Clippers faces criminal theft charges for allegedly duping a retired school teacher to use his paid-off home as collateral for a $735,000 loan for a failed development investment project, prosecutors said today.

    Michael John Smith, 44, of Laguna Hills, will be arraigned Thursday on one felony count of grand theft with sentencing enhancement allegations for loss over $100,000 and property damage over $200,000, according to the Orange County District Attorney's office.

    An alleged accomplice – Bruce Howard Furst, 57, also a Laguna Hills resident – faces the same charges.

    Smith was friends with the 65-year-old victim, who suffers from an inoperable brain tumor, prosecutors said.

    Authorities say the alleged fraud happened around January 2008. Smith, who was involved with Furst in a development project in Dana Point, repeatedly tried to convince the victim to invest in the project, prosecutors said.

    The victim kept refusing, but eventually agreed to put up his Dana Point residence as collateral for a $735,000 loan, prosecutors said. Smith and Furst had lied and said the loan was safe and 100 percent guaranteed, they added.

    The project didn't pan out, prosecutors said, and the victim wasn't repaid.

    Once the home was put for collateral, the victim was required to begin making mortgage payments of $7,200 a month, said Farrah Emami, spokeswoman for the District Attorney's Office.

    Smith and Furst failed to make mortgage payments toward the victim's home – which was another promise, prosecutors said.

    The victim eventually contacted the Orange County District Attorney's Office in July 2009 for help. He is expected to lose his home, prosecutors said.

    Smith, a former Clipper who also played for the Boston Celtics, has been a commentator for eight seasons for the sports team.

    Smith's attorney, Dike Huish, could not immediately be reached for comment. Furst also couldn't be reached.

  • #2
    Bruce Hurst is an LDS kid from St George who pitched for the Red Sox.

    Real Estate developers have many of a special breed amongst them.
    Do Your Damnedest In An Ostentatious Manner All The Time!
    -General George S. Patton

    I'm choosing to mostly ignore your fatuity here and instead overwhelm you with so much data that you'll maybe, just maybe, realize that you have reams to read on this subject before you can contribute meaningfully to any conversation on this topic.
    -DOCTOR Wuap

    Comment


    • #3
      Originally posted by Goatnapper'96 View Post
      Bruce Hurst is an LDS kid from St George who pitched for the Red Sox.

      Real Estate developers have many of a special breed amongst them.
      That's who I thought of, but it says Bruce Furst. You think it's a typo?
      At least the Big Ten went after a big-time addition in Nebraska; the Pac-10 wanted a game so badly, it added Utah
      -Berry Trammel, 12/3/10

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      • #4
        Originally posted by ERCougar View Post
        That's who I thought of, but it says Bruce Furst. You think it's a typo?
        I think the issue is my inability to read, but I have been trying to avoid F words since I am so amped with that gritty victory tonight!
        Do Your Damnedest In An Ostentatious Manner All The Time!
        -General George S. Patton

        I'm choosing to mostly ignore your fatuity here and instead overwhelm you with so much data that you'll maybe, just maybe, realize that you have reams to read on this subject before you can contribute meaningfully to any conversation on this topic.
        -DOCTOR Wuap

        Comment


        • #5
          Smith was already in hot water earlier this year for making racist comments about an Iranian born player on the Grizzlies.
          *Banned*

          Comment


          • #6
            I'd love to pile on Smith. He seems like a bad man. But this doesn't seem to me like a crime.
            When a true genius appears, you can know him by this sign: that all the dunces are in a confederacy against him.

            --Jonathan Swift

            Comment


            • #7
              Originally posted by SeattleUte View Post
              I'd love to pile on Smith. He seems like a bad man. But this doesn't seem to me like a crime.
              I was thinking the same thing for some reason. It was not like he forced the guy, he just used high pressure sales tactics which is pretty common.
              *Banned*

              Comment


              • #8
                Originally posted by SeattleUte View Post
                I'd love to pile on Smith. He seems like a bad man. But this doesn't seem to me like a crime.
                If you're being serious, I'd be interested in your opinion, because as I read it, I kept wondering where the crime occured. Sounds like an aggressive POS real estate developer getting a vulnerable person to risk a house on a project that went bust. I wonder how many times this happened in the past three years.
                Give 'em Hell, Cougars!!!

                For all this His anger is not turned away, but His hand is stretched out still.

                Not long ago an obituary appeared in the Salt Lake Tribune that said the recently departed had "died doing what he enjoyed most—watching BYU lose."

                Comment


                • #9
                  Originally posted by cougjunkie View Post
                  I was thinking the same thing for some reason. It was not like he forced the guy, he just used high pressure sales tactics which is pretty common.
                  Yeah I don't understand the crime in what he did. Was it shady and unethical, sure. But I don't know why it's illegal.
                  "Nobody listens to Turtle."
                  -Turtle
                  sigpic

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                  • #10
                    Originally posted by Surfah View Post
                    Yeah I don't understand the crime in what he did. Was it shady and unethical, sure. But I don't know why it's illegal.
                    The only shady part would be if they gave him documentation saying that he was guaranteed a return of 100%.

                    Other than that it is pretty normal and happens every day.
                    *Banned*

                    Comment


                    • #11
                      Originally posted by cougjunkie View Post
                      I was thinking the same thing for some reason. It was not like he forced the guy, he just used high pressure sales tactics which is pretty common.
                      The alleged victim may have a civil lawsuit (of course Smith probably is insolvent). But I'm sure the alleged victim thought he'd get a good return out of the development if it was successful. That appears to have been the understanding. Michael Smith is being charged with a felony because the alleged victime says Smith promised him the loan was "risk free"? That doesn't seem plausible. I think the prosecutor has better cases to bring. It's not like Smith stole money.
                      When a true genius appears, you can know him by this sign: that all the dunces are in a confederacy against him.

                      --Jonathan Swift

                      Comment


                      • #12
                        Originally posted by cougjunkie View Post
                        The only shady part would be if they gave him documentation saying that he was guaranteed a return of 100%.

                        Other than that it is pretty normal and happens every day.
                        I can't imagine any self respecting developer ever putting a personal guarantee on anything. Especially investor monies.
                        "Nobody listens to Turtle."
                        -Turtle
                        sigpic

                        Comment


                        • #13
                          Bear in mind, in these white collar crime cases, there are probably 10-20 cases the prosecutor could conceivably bring for every one he decides to bring. This looks to me like an ambitious DA who wants to bag himself a celbrity (maybe he hates Mormons).
                          When a true genius appears, you can know him by this sign: that all the dunces are in a confederacy against him.

                          --Jonathan Swift

                          Comment


                          • #14
                            Originally posted by SeattleUte View Post
                            Bear in mind, in these white collar crime cases, there are probably 10-20 cases the prosecutor could conceivably bring for every one he decides to bring. This looks to me like an ambitious DA who wants to bag himself a celbrity (maybe he hates Mormons).
                            or the Clippers.
                            Give 'em Hell, Cougars!!!

                            For all this His anger is not turned away, but His hand is stretched out still.

                            Not long ago an obituary appeared in the Salt Lake Tribune that said the recently departed had "died doing what he enjoyed most—watching BYU lose."

                            Comment


                            • #15
                              Originally posted by myboynoah View Post
                              If you're being serious, I'd be interested in your opinion, because as I read it, I kept wondering where the crime occured. Sounds like an aggressive POS real estate developer getting a vulnerable person to risk a house on a project that went bust. I wonder how many times this happened in the past three years.
                              You're right. On the facts in the article, there's no crime. He'd have had to forged a signature, stolen money. If they had even an oral agreement that the guy was going to get something in return for this, however bad or one sided the bargain, the prosecutor shouldn't be charging a crime. Hell, on these facts it's not clear to me there's even a tort or a breach of contract. Even if there was duress, I don't believe it shoudl be a crime.
                              When a true genius appears, you can know him by this sign: that all the dunces are in a confederacy against him.

                              --Jonathan Swift

                              Comment

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