State v. Neger

50 A.3d 591, 427 Md. 582, 2012 WL 3553313, 2012 Md. LEXIS 459
CourtCourt of Appeals of Maryland
DecidedAugust 20, 2012
DocketNo. 108
StatusPublished
Cited by4 cases

This text of 50 A.3d 591 (State v. Neger) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Neger, 50 A.3d 591, 427 Md. 582, 2012 WL 3553313, 2012 Md. LEXIS 459 (Md. 2012).

Opinion

BARBERA, J.

Maryland Code (2002 & 2010 Supp.), § 8-601 of the Criminal Law Article (CR) provides, in pertinent part: “(a) Prohibited. — A person, with intent to defraud another, may not counterfeit, cause to be counterfeited, or willingly aid or assist in counterfeiting any[ ] ... (3) deed.” At a bench trial in the Circuit Court for Baltimore City, the Honorable Gale Rasin convicted Respondent, Isaac Neger, of violating § 8-601, finding “beyond a reasonable doubt that the deed ... [Respondent] caused to be presented for recordation contained material alterations as to material elements, including the grantor and grantee, and basically this is a fraud on the system of recording deeds.” Respondent appealed to the Court of Special Appeals, which reversed the conviction. We granted the State’s petition for writ of certiorari, State v. Neger, 424 Md. 291, 35 A.3d 488 (2012), to review the following question:

Did the Court of Special Appeals incorrectly reverse [Respondent’s] conviction for counterfeiting, based on its conclusion that the evidence was insufficient to show an intent to defraud another, notwithstanding its agreement that [Respondent] recorded a deed he had altered, as to the owners of the property in question, to conform to his belief as to ownership?

For the reasons that follow, we shall reverse the judgment of the Court of Special Appeals and reinstate Respondent’s conviction.

I.

The evidence at trial established the following undisputed background account.1 In 1990, Respondent entered into an [585]*585agreement with a man named Ephraim Ohana “to take title” to the property at issue, located at 300 S. Robinson Street, Baltimore, Maryland, 21224 (hereafter the Property). The two men intended to form a corporation known as “E & I Associates[2] owned equally by both parties,” but no such entity ever was registered with the State Department of Assessments and Taxation. The parties’ written agreement explained that Respondent would be responsible for settlement expenses, including the purchase price, for a total amount of $38,722.66. Mr. Ohana would be responsible for paying 10% annually on that amount, interest only, as well as for the normal maintenance and running expenses. A deed was recorded in Baltimore City on December 5, 1990, listing the grantor as Lorraine G. Izner and the grantees as Ephraim Ohana and E.I. Associates, Inc. Respondent was not listed as a grantee.

In 1995, Mr. Ohana and his then-wife Cynthia Ohana filed for bankruptcy. In connection with those proceedings, the Ohanas filed a Statement of Intention indicating that they would surrender the Property to Respondent. In 2000, Mr. Ohana executed a power of attorney authorizing Respondent to sell the Property. In July 2000, Respondent signed and had a notary sign a document drafted by Mr. Ohana — according to Mrs. Ohana’s testimony that she recognized the handwriting as that of Mr. Ohana — acknowledging that, since 1992, Respondent had “taken over all rights and interest from Ephraim Ohana in the Property.” From 1990 until the deed at issue in this matter was recorded in 2008, no deed was recorded affecting the ownership of the Property.

[586]*586On May 26, 2005, the Ohanas’ divorce action was heard in the Circuit Court for Baltimore City. In the Judgment of Absolute Divorce, the Circuit Court designated one-half interest in the Property as the Ohanas’ marital property, evidently based on Mr. Ohana’s being listed as one of the two grantees in the 1990 deed and there being no subsequent recording affecting that interest. The court valued that interest in the Property at $110,000. The court also awarded Mrs. Ohana a monetary award in the amount of $70,000. The court ordered that the award be reduced to judgment immediately, thereby evidently creating a lien on the Property.3

In 2007, Respondent, representing himself as the owner, entered into a contract to sell the Property. He sought to secure a release of Mrs. Ohana’s lien on the Property. Mrs. Ohana, however, following the advice of her counsel, Mr. Larry Feldman, declined to grant the release.

Mr. Feldman communicated directly with Respondent, by telephone and in writing, with respect to the Property. In a letter dated April 30, 2007, Mr. Feldman wrote to Respondent [587]*587that, since the 1990 transfer from Ms. Izner to Mr. Ohana and E.I. Associates, “[t]here have been no subsequent transfers of this property, as your [sic] indicated to me there were, up until the present.” Mr. Feldman further wrote, “[i]n lieu of backing out of your valid contract to sell this property ... why don’t you just proceed with assuring your [sic] will get the El share of the property and allow Ephraim’s share to be paid to my client.”

Respondent thereafter cancelled the sale. He sent by facsimile to Mr. Feldman a handwritten response to Mr. Feldman’s letter simply indicating that he had cancelled the sale. Respondent subsequently sent Mr. Feldman another handwritten facsimile, in response to further correspondence, stating, “Once again this sale has been cancelled. We will be taking this issue to [the Rabbinical court] for their decision on property ownership.” On May 21, 2007, Respondent also communicated his cancellation of the intended sale by sending a message via facsimile to his realtor. The message stated, “This is to advise that due to legal issues we cannot deliver title to this property, I am sorry for any inconvenience.”

Recordation of the deed at issue

On June 5, 2008, a deed dated May 25, 2005, transferring the Property from “Ephraim Ohana, sole owner of E.I. Associates, Inc.” to “Isaac Neger,” was recorded in the land records in Baltimore City. Upon learning of that recorded deed, Mr. Feldman contacted the State’s Attorney’s Office, which evidently opened an investigation. Ultimately, a Baltimore City grand jury returned an indictment filed on October 13, 2009, charging Respondent with a violation of CR § 8 — 601(a)(3). As mentioned, Respondent elected a court trial.

The State sought to prove that a deed was prepared by Commerce Title Company, executed by Mr. Ohana and Respondent, and signed by a notary on May 25, 2005 (perhaps merely coincidentally, the day before the Ohanas’ divorce action was heard in Circuit Court), though never signed by the attorney whose name appeared on the deed as having prepared it. That deed listed the grantees from the 1990 deed— [588]*588Ephraim Ohana and E.I. Associates, Inc. — as the grantors, and listed E.I. Associates, Inc. as the sole grantee. The State further sought to prove that the 2005 deed was never recorded; rather, Respondent maintained possession of the unrecorded deed, altered the grantor to “Ephraim Ohana, sole owner of E.I. Associates, Inc.” and the grantee to “Isaac Neger,” forged the attorney’s signature, and sought the assistance of a different title company, All Star Title Company, to have the deed recorded.

The State presented several witnesses and introduced several documents into evidence in support of its case. Mr. Ellie Newman, the vice president of Commerce Title Company, testified that in January 2001 his company opened a file related to the Property and described the seller as Ephraim Ohana and the buyer as E & I Associates, Inc.

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Cite This Page — Counsel Stack

Bluebook (online)
50 A.3d 591, 427 Md. 582, 2012 WL 3553313, 2012 Md. LEXIS 459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-neger-md-2012.