Grand Jury Indicts Cedar Point Developer for Fraud, LIVINGSTON, January 7, 2016 - On November 19, 2015 a Polk County Grand Jury decided to indict Charles Michael Von Schmidt on five felony charges including:
• Securing the Execution of a Document by Deception; • Hindering a Secured Creditor; • Tampering with a Government Record; • Fraudulent Filing of a Financing Statement; and • Making a False Statement to Obtain Property or Credit.
Von Schmidt, who also goes by Charles Steven Montgomery, was arraigned in the 411th District Court on December 16, 2015 at which time he entered a plea of not guilty and the presiding judge set bonds in the cases totaling five hundred thousand dollars. The indictments, among other things, allege that Von Schmidt intended to defraud or deceive the complainants in the case by causing them to execute a document which purported to release their interest in numerous lots in the subdivision. Additionally, it is alleged that Von Schmidt did not account to the complainants for the proceeds of the sale of lots in the subdivision as required by their security agreement. The Cedar Point subdivision is a gated community on Lake Livingston consisting of 2500 lots on 430 acres of land.
The case has been reset for a hearing on March 28, 2016 in the 411th District Court. The case is being prosecuted by Polk County Assistant District Attorney Tommy L. Coleman, who asks that any individuals with any information about the case or Charles Von Schmidt, please contact the Polk County District Attorney’s office. If convicted of one of the first degree felony offenses, Von Schmidt faces 5 to 99 years in prison and a fine of up to ten thousand dollars.
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