FLAGLER COUNTY, Fla. – A pair of actual property brokers behind bars in Flagler County are accused in what Volusia Sheriff Mike Chitwood known as an elaborate rip-off concentrating on an Ormond Seaside couple trying to promote their properties, resulting in one of many sufferer’s deaths after one of many brokers signed a do-not-resuscitate order (DNR) on their behalf.
Jason Valiant, 45, of Palm Coast, was arrested Thursday evening by Flagler deputies on an out-of-county warrant for costs together with an organized scheme to defraud, exploitation of an aged or disabled grownup, grand theft over $100,000, grand theft of a car, felony use of private ID data and unlawful use of bank cards, Chitwood mentioned on social media.
69-year-old Constance Kellner, one other actual property agent, is known as in Valiant’s affidavit. In keeping with Chitwood, the Palm Coast girl faces two costs of accent after the very fact.
Kellner is accused of working with Valiant as a witness to kind signings and of accompanying Valiant throughout later interviews with investigators, actions allegedly taken to assist exploit 64-year-old Daniel Farley and 61-year-old Emmett Temper, the latter of whom died on July 2 after being taken off life help.
“The investigation confirmed that she had full data of Valiant’s scheme,” Chitwood mentioned of Kellner.
The date of July 2 was famous by investigators because the day after Valiant accomplished Temper’s DNR kind course of.
Kellner was arrested Friday in Flagler County, additionally on an out-of-county warrant.
Valiant’s affidavit is comprised of greater than a dozen pages detailing allegations he stole $18,825 from Farley and Temper’s financial institution accounts — but was unsuccessful in makes an attempt to take one other $14,000 when suspicions arose on the financial institution — willed their residence and two different properties to himself, used Temper’s bank card for such purchases as gasoline, foods and drinks, car detailing, authorized charges and tooth whitening, and used their Dodge Ram pickup truck as if it was his.
The three properties Valiant acquired after the sufferer’s loss of life totaled $1.6 million, based on property appraiser valuations. Two of the properties had been oceanfront Flagler Seaside parcels that Valiant and one other (actual property agent), Constance Kellner, spoke of growing into a big rental advanced or lodge.
Volusia County Sheriff Mike Chitwood on Fb (excerpt)
The Florida Division of Youngsters and Households (DCF) started investigating Valiant on June 20 after receiving a report that Farley and Temper had been potential victims of elder exploitation.
Farley had been admitted to the hospital on Might 28 and Temper was admitted to the identical hospital on June 2, the latter of whom turned extraordinarily ailing, based on the affidavit. The report obtained by DCF acknowledged that within the couple’s absence, Valiant labored to take possession of their belongings.
Investigators mentioned Valiant’s girlfriend informed them of conversations she heard between Valiant and Kellner which dealt in goals of growing the couple’s land for their very own achieve.
(The girlfriend) acknowledged over the previous yr she was sometimes celebration to conversations between Valiant and Kellner, whereby the 2 actual property brokers talked of growing Temper’s Flagler Seaside properties, that are prime ocean entrance land. Within the conversations, Valiant and Kellner spoke of being the principal builders of Temper’s property and constructing both a big condominium advanced or a multi-story lodge on the property and doing so by “reducing Temper out of the deal” and advertising and marketing the property themselves to a big growth firm. (The girlfriend) acknowledged Valiant typically informed her this was a as soon as in a lifetime probability to retire early, and mentioned he would title the mission, “Valiant Towers”.
Volusia Sheriff’s Workplace non-arrest affidavit of Jason Valiant (excerpt)
Amongst what the girlfriend informed investigators, she reported Valiant to the Division of Enterprise and Skilled Regulation after suspecting he was presenting lowball provides from fictitious patrons to Temper in what she described as makes an attempt to make him willingly promote considered one of his properties to “Trusted Specialists Community LLC” — an organization listed beneath Valiant’s title — nicely beneath honest market worth.
Valiant was capable of signal a DNR kind for Temper after agreeing to function well being care surrogate to him and Farley, the affidavit states. Although hospital workers reportedly tried to succeed in Farley’s brother to serve within the position for his half, he declined on the time, citing he lived a number of states away.
Hospital information had been uncovered which confirmed Valiant on June 9 arrived on the hospital with Kellner and a notary public to execute the facility of legal professional types (POA) for Farley and Temper, designating him as well being care surrogate and as having POA authority for all affairs and choices — fiduciary and in any other case — on behalf of the 2.
Kellner at one level accompanied Valiant to an interview with a DCF investigator, throughout which she allegedly slapped Valiant’s leg — reportedly telling him, “Don’t say that” — after Valiant mentioned that Temper’s well being had deteriorated to the purpose he might not make his personal choices, the affidavit states. After Kellner was then requested to go away the room, the investigator pressed Valiant on how Temper might have knowingly signed notarized paperwork despite the well being situations Valiant claimed. Valiant couldn’t reply the query, based on the affidavit.
(The investigator) continued by questioning why Temper would signal over the deeds to his properties and switch each asset he possessed to Valiant, an actual property agent with no private relationship to him, and never his accomplice of 30 plus years. Moreover, she reminded Valiant that he had simply acknowledged the only real function of the POA’s over Temper and Farley had been to have entry to their financial institution accounts to assist them pay payments, to not switch Temper’s properties into his title. Valiant’s solely response was to state every thing was executed by an legal professional and was authorized. Valiant then suggested he didn’t want to reply any extra questions, and he acquired up and left the room.
Volusia Sheriff’s Workplace non-arrest affidavit of Jason Valiant (excerpt)
Valiant is being held on a $375,000 bond whereas Kellner is being held on $25,000 bond, information present.
Due to our Volusia Sheriff’s Workplace fraud unit, Valiant is now in custody for his elaborate rip-off on this couple who initially employed him to promote their property.
Sadly, they selected a wolf in sheep’s clothes who noticed a chance to make himself wealthy.
Volusia County Sheriff Mike Chitwood on Fb (excerpt)
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