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Yahoo!The 57 families victimized by Orson Mozes in an adoption scam are entitled to the more than $300,000 in assets Mozes - who is now serving a prison sentence - had when he was arrested last year, Judge George Eskin said in a written decision released Wednesday, October 28.
Christen Brown, Mozes's ex-wife, had objected to the funds being distributed to the victims, arguing that instead, she was entitled to the $301,971 for child support.
But Eskin, in a strongly worded decision, said he didn't believe Brown's testimony on the stand in which she denied she knew of Mozes's actions, and said she was "probably complicit in the criminal activities" herself. While Brown most recently denied being a part of Adoption International Program, she claimed in past documents that she was the executive director of the agency.
Paul Wellman
Orson Mozes
Brown called several people to the witness stand in support of her self-portrayal as an innocent spouse. She also testified herself. But the judge said her "answers to questions were frequently evasive, and her bias was blatant. When viewed in the context of all the evidence, her testimony lacked believability."
After an investigation by the District Attorney's Office, Mozes was charged with 59 felony counts of obtaining money by false pretenses with a special circumstance of aggravated white-collar crime. Though he fled, he was arrested months later in Florida. Various assets, including $139,000 cash, $42,000 in two brokerage accounts, and $133,000 in gold coins were also recovered.
The judge, after a series of hearings with several witnesses, determined that the only people with "legitimately acquired interest" as prescribed by law were the victims of Mozes, not Brown, nor the couple's daughter. Eskin said there was "overwhelming" evidence that the assets seized when Mozes was arrested were from Mozes's business. He also found that a claim for child support does not have priority over restitution for the victims.
That determination was enough, Eskin said, but he also found that Brown was not an "innocent spouse," as she claimed. He ordered the restitution begin to be paid immediately.
Paul Wellman (file)
Santa Barbara County Deputy District Attorney Paula Waldman and Criminal Investigator Norma Hansen
"I think (Eskin) hit the nail on the head," said Paula Waldman, who prosecuted Mozes and fought for the money to go to the victims. "He saw through all the stuff I was hoping he would." Waldman said she expected checks to go out to victims within weeks.
Brown's attorney, Stephen Dunkle, didn't return a phone call seeking comment.
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As someone who grew up knowing the Mozes family, I would never have suspected Christen of being so cold. How dare she think that the money her scumbag ex-husband stole from those innocent families belongs to her as child support, as well as deny knowledge of the scam. The office for "Adoption International Program" was in their previous house in Enisbrook, as well as in the house off School House. Why doesn't she sell her Mercedes or some that expensive artwork in their house (most likely all from child extortion profit) to pay for her one child (older son is no longer a minor and quite self sufficient) who needs support. if it's not clear, I am appalled by this family.
SBLoc (anonymous profile)
October 29, 2009 at 8:59 a.m. (Suggest removal)
Very little shame, good call Judge Eskin. If you are going to steal at least do it with a gun in your hand instead of a smile on your face; at least that way people see what you really are.
AZ2SB (anonymous profile)
October 29, 2009 at 10:23 p.m. (Suggest removal)
People have been "appalled by this family" for years. Having unfortunately been around them because of my children being friends with theirs, it became clear that these were the most inconsiderate, rude and obviously amoral people I ever came across in Santa Barbara or anywhere else for that matter.
They thought nothing of berating the housekeeper in front of guests, bullying kids visiting their home, really the list could go on and on. We all tried to stay far away from them as possible, my kids included.
Kudos to Judge Eskin, Christen was as complicit in their horrid scam as they come.
LngtimeSB (anonymous profile)
October 30, 2009 at 1:57 p.m. (Suggest removal)
Dang, tell us more SBLoc your a celebrity insider
DarnellBoykin (anonymous profile)
October 31, 2009 at 9:50 a.m. (Suggest removal)
Sounds a bit like the child who killed his parents begging for mercy because he was an orphan.
Bird (anonymous profile)
November 1, 2009 at 12:52 a.m. (Suggest removal)