Judge takes dueling evidentiary objections ‘under advisement’ in EDA vs. ‘Curt’ Tran/ITFederal civil case and counterclaim

Attorneys for plaintiff “Warren Economic Development Authority” (EDA, WC EDA, FR-WC EDA) and civil case defendant Truc “Curt” Tran/ITFederal argued motions filed in objection to some evidence each party plans to introduce at trial over the last seven work days of this month. Jury selection is slated for Thursday, July 21, with the trial beginning the following day, Friday, July 22, with the entire following week July 25-29 set aside for completion of presentation of evidence and arguments in that approximately $9-million EDA civil case claim and defense counterclaim.

As appears to be common in such civil liability cases each side attempts to set an evidentiary framework that best suits their claim of either liability or lack thereof. Judge Bruce D. Albertson took both motions related to relevance to the EDA’s claim for a return of the unpaid balances on two EDA loans to Tran and his company originally totaling $12 million, and a counter-claim by Tran of EDA liability in his being misled by the former EDA executive director, under advisement.

Judge Albertson noted he has previously expressed some “skepticism” about the defense objection to EDA evidence about Tran and his company’s use of portions of the $12 million it received in two loans related to proposed development here, primarily at the Avtex/Royal Phoenix Business Park site in Front Royal, for other business ventures in Alexandria or elsewhere. However, the judge said he would reserve a final decision on admissibility until he sees how the flow of evidence is presented at trial. As noted above, the claim is for approximately $9 million, as Tran has kept current on his $40,000-plus a month loan payments.

The EDA contends Tran acquired the EDA loans fraudulently and conspired with then-EDA Executive Director Jennifer McDonald in doing so. Disputed evidence cited also related to EDA involvement in development of a Criminal Justice Academy and Tran’s Front Royal Farms plan, neither of which came to fruition along with the failed Avtex site business proposal.

Tran’s counterclaim appears to revolve around the contention he was taken advantage of by McDonald, and that the EDA Board of Directors at the time should have identified the alleged financial improprieties McDonald is now accused of by the EDA prior to Tran’s involvement. Pointing to a primary disputed aspect of the EDA-Tran/ITFed counterclaims of liability, Judge Albertson observed, “If he’s part of a conspiracy with McDonald, he’s not a victim of the negligent contention.”

The EDA vs. Tran/ITFederal civil trial is slated to be the final of five scheduled for this month, beginning with the just-concluded April Petty case. As previously reported, on Thursday, July 7, a jury found Petty liable for the return of $125,000 in EDA funds used by former EDA Executive Director McDonald to pay off the balance of an Ocwen Mortgage company loan to Petty during the March 2016 sales process on Petty’s Howellsville Road home. McDonald was acting as Petty’s real estate agent through Campbell Realty at the time she was also EDA executive director. See: Civil Case Jury finds April Petty liable for return of $125,000 to EDA

Jury selection is scheduled for this Monday, July 11, in the EDA vs. Donald Poe/Earthright Energy case, with the remainder of the week to Friday, July 15, booked for trial on that civil liability claim of over a million dollars. That case revolves around a contract McDonald was alleged to have been involved in to have the company provide solar panels to the Warren County Public Schools facilities as it did to the EDA office complex; however, allegedly without proper authorization.

Also on the civil court agenda for this month are the EDA vs. Samuel North (one day, July 18); and William Lambert (two days, July 19/20).