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Home building giant Bill Erpenbeck
promises he can put you in your dream
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We looked at every model home, and then
when we found this one, of course, this
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is perfect.
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But when he diverts $34 million worth of
mortgage payments into his company's
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bank account, the dreams become
nightmares.
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When you bring it down to just its
basics, it's just pure stupidity. It's
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debt. So when hundreds of homebuyers are
left in danger of losing their homes,
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don't expect any of them to shed a tear
for Bill Erpenbeck.
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I can't imagine the fear that all of
them had. I realize that that's my
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responsibility.
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In October 2009, six FBI agents take
shovels to this country club golf course
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a plush northern Kentucky suburb.
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46 paces off the third tee, they've been
told, lies a buried treasure.
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It's about 46 paces. It's right in front
of this tree.
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FBI Special Agent Kevin Gormley has just
returned after being summoned to a
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federal prison in Coleman, Florida by
renowned home builder and convicted scam
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artist Bill Erpenbeck.
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He's hoping to get a reduction in his
prison sentence.
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Erpenbeck tells Gormley that he wants to
come clean about money he had stashed
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away in 2002 while being investigated
for a $34 million fraud.
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Bill said he wanted to be able to start
his life over once he gets out of
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prison. At that time, he was thinking of
only going to prison for a couple of
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years.
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Erpenbeck's story leads Gormley to the
Summit Hills Country Club, where Gormley
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thinks pay dirt is just moments away.
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But after five hours of digging without
success, it appears to some of Gormley's
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fellow agents that this fantastic story
is just that, a fantasy.
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I was getting a lot of harassment as
each hour passed.
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that we weren't going to find it, of
course, but I was confident we weren't
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going to leave until we found it.
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Bill Erpenbeck's promise of buried
treasure is all that's left after nearly
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decade of lies and theft.
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It's a scam that has sent seven people
to prison and taken an estimated $69
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million from homebuyers, banks, and
building contractors in Cincinnati and
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Kentucky.
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But as former golfing buddy and next
-door neighbor Glenn Fagan attests, it
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didn't start that way.
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Bill Erpenbeck's fraud begins with an
air of success.
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Bill Erpenbeck had a gift, and his gift
was to persuade you that not only
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are you going to do business with him,
but it's the best thing you've ever done
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in your life.
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The Erpenbeck family has been building
trust along with homes for decades.
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Bill's grandfather was named 1965 Home
Builder of the Year by the Home Builders
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Association of Northern Kentucky.
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And Bill's father, Tony, followed in the
same footsteps, slowly amassing his own
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reputation one house at a time.
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You would expect Tony Erpenbeck not only
to build your house, but maybe get on
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the bulldozer and grade the yard when he
was finished. He's just the most...
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Down to earth, salt of the earth guy. We
always used to joke that he's, you
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know, the millionaire that drives the,
you know, Chevette.
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But Chevettes are far too modest for the
grandson, Bill Erpenbeck. He has much
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bigger plans.
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I think he wanted to go from obscurity
to the number one home builder
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in northern Kentucky.
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Bill Erpenbeck wants to bring the
Erpenbeck name into the modern age.
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It's no longer going to be a family that
builds one house at a time. The
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Erpenbeck Company begins building entire
subdivisions and condominium projects.
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And with a great deal of success.
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By 2002, the Erpenbeck Company has built
hundreds of homes.
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And it's raking in nearly $100 million a
year.
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And as a marked contrast from his
father's frugality, Bill Erpenbeck now
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million -dollar house and a fancy car.
It presents the image that the Erpenbeck
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company is on top of the world.
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He was the third largest builder in
greater Cincinnati at the time. He came
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recommended by a lot of people in the
community, including my employer.
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Linda Harlow buys an Erpenbeck home in
October of 2000.
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and quickly befriends one of her
neighbors across the street, who happens
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an Urban Beck Company employee.
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One evening in April of 2002, however,
that neighbor wants to have a talk.
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She asked if she could come to my house
that evening and speak with me, and I
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said, well, of course you can. You come
across the street every evening to talk
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to me, and she said, no, this is more
serious.
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Harlow's friend has inside information
about shady dealings going on within the
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Erpenbeck company and feels obligated to
tell Harlow that there's a problem with
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her house.
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She proceeded to tell me that my house
had multiple mortgages on it. And I
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why would that be the case? I had
already paid for my house. I had a
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paid and my lender delivered the payment
for my house.
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When Harlow takes out a mortgage to buy
her home, she expects her mortgage
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company to ensure that a check from the
closing is delivered to Erpenbeck's
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lender. The check is intended to pay off
the entire mortgage Erpenbeck took out
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to build the home in the first place.
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Unfortunately, that's not what happens.
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Thanks to Erpenbeck's closing agent,
Michelle Marksberry.
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Michelle Marksbury at our closing asked
if she could carry the check over to the
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construction lender because it would
save one day of interest.
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It seems like a reasonable request at
the time. But looking back to that day,
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Harlow remembers something suspicious.
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It was Halloween, October 31st, 2000.
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And I recall Michelle saying that as
soon as she left the closing, she needed
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hurry home and dress her daughter.
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for trick -or -treat. And then she
caught herself and said, I mean, as soon
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go and deliver this check to the bank.
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It's a revealing slip of the tongue.
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Marks Perry has no intention of
delivering the check to the construction
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to pay off Erpenbeck's original
mortgage.
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She's putting it straight into the
Erpenbeck company checking account.
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And with Erpenbeck's mortgage still
open, it means that Harlow's house now
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two mortgages on it, hers and Bill
Erpenbeck's.
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For Harlow, the situation is appalling.
She could dutifully pay her mortgage for
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30 years and still face the threat of
Erpenbeck's lender taking her home.
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They would be able to foreclose even
though I had bought and paid for my
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and had been living there.
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But for Erpenbeck... Walking out of the
closing with a check not payable to him
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is the easy part.
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For the scam to actually pay off,
Erpenbeck needs to be able to deposit
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Harlow asks her friend the obvious
question.
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If I can't deposit a check that isn't
payable to me, why would Erpenbeck be
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to take a check away from a closing
table, payable to another bank, and
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that to their own bank account?
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And she said, the bank isn't just the
bank, the bank is people.
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Look for a reason that the people in
authority at the bank would allow that
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happen.
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For homebuyers like Linda Harlow, who
bought her home from the Erpenbeck
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in the fall of 2000, it means that
Erpenbeck's original mortgage hasn't
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paid off, and his lender still has a
lien on her home.
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And Harlow isn't alone.
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As the FBI and U .S. Attorney's Office
later find out, Erpenbeck has pulled
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scam more than 250 times over the
previous three years for $34 million.
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And homebuyers aren't the only ones left
in the dark.
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Erpenbeck manages to keep his lenders
from asking questions as well.
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And the effort included continuing to
pay interest to the construction lenders
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on the loans so that they would be less
likely to become aware that they should
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have been paid out of the closings.
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With Erpenbeck still making monthly
payments, his lenders don't know the
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properties have been sold and simply
keep the mortgages active.
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For Erpenbeck to benefit from the scam,
he needs help depositing checks not made
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out to him.
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And he knows just the place to find it.
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The evidence developed by the FBI was
that John Finnan, who was the president
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People's Bank of Northern Kentucky, and
Mark Manning, its vice president,
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colluded with Bill Erpenbeck to accept
those deposits into the Erpenbeck
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at the bank.
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Erpenbeck has held his company's bank
account at People's Bank for years, long
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enough, in fact, that his relationship
with the bankers extends beyond that of
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typical banker and client.
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One of the bankers lived on our street.
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We golfed together every Sunday. I
thought John Fennin and Bill Erpenbeck
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as good as friends as Bill and I were.
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But being in tight with Bill Erpenbeck
is playing with fire.
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In February 2001, they are confronted
with the fact that Erpenbeck's account
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their bank is overdrawn by $6 million.
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It's a surprising revelation from a
company that is one of the largest home
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builders in the region.
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Until that is, you look into Bill
Erpenbeck's lifestyle.
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As things started progressing,
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Bill's appetite for the limelight got
bigger and his appetite for the finer
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things in life got bigger.
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He had a couple motorcycles, two golf
carts, one was a Mercedes golf cart.
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The golf carts had televisions on them.
There was probably double digits in
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televisions in that home.
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He had the built -in movie theater
with...
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20 Barca loungers that were tiered up
and a racing center for those cars that
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you would race against each other.
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There wasn't much you couldn't do down
in that basement.
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And then that all led out to the pool
that, you know, honestly, at the time,
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pool was probably one of the nicest
pools I've ever seen. I mean, it had a
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I mean, people had a pool with a cave in
their backyard.
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By 2001, the money coming in can't keep
up with the money going out.
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But Urban Beck has a plan.
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As former Kentucky Post reporter Bob
Driehaus explains, Erpenbeck persuades
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two good friends, John Finnan and Mark
Menne, to have People's Bank lend him
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$6 million he's overdrawn on his
account.
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It was another great sales job. He said,
hey, look, we've got a lot of homes
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coming online.
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We're just in a cash crunch at the
moment, and I just need you to cover me
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these millions of dollars in overdrafts.
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Fennin and many sneak around the board
of directors at People's Bank to give
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Erpenbeck the money.
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But in no time, they find themselves
sliding down a slippery slope.
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Assistant U .S. Attorney E .J. Walburn
later prosecutes Fennin and many for
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their participation in the fraud.
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I think that probably they panic more
and more.
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We're into him six million. What do we
do? The only way we're ever going to get
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out of this hole is to get him more
money.
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It's how $6 million problems turn into
$34 million frauds, and it grows from
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there.
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Fennin and many reach out to other
Kentucky banks and illegally mislead
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into lending Erpenbeck another $29
million.
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They were representing that the
Erpenbeck company was healthy when, in
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was a bottomless pit.
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Then there's the most destructive act.
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Their bank allows Erpenbeck to take
nearly 200 checks that aren't made out
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him. And instead of using them to pay
off his construction mortgages, he
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deposits them into his own bank account,
leaving hundreds of homebuyers in the
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same situation as Linda Harlow, facing
the threat of losing their homes.
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John and Mark are both honorable men.
And I still believe that to this day, I
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think what happened is that you have
John and Mark.
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trying to make this thing go.
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And maybe it'll turn itself around and
everybody will be made whole and we'll
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move forward. But the company was
spiraling out of control.
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So out of control, in fact, that by
April of 2002, the stolen deposits and
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-gotten loans have ballooned into a $69
million fraud.
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When American Greed returns.
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If his banker friends are hoping for a
turnaround, Bill Erpenbeck may be a lost
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cause. You start looking back going,
well, yeah, the guy was vacationing 20
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weeks out of the year. You know, the guy
was at the bar every night drinking.
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You know, who was running this empire if
he was doing all this?
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In the spring of 2002, home building
giant Bill Erpenbeck is the mastermind
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$69 million fraud.
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being perpetrated in Cincinnati and
Kentucky.
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Among the victims are more than 250
homebuyers, more than 40 title
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and 40 banks.
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00:14:42,140 --> 00:14:47,899
But remarkably, despite siphoning $69
million of other people's money into his
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bank account, Erpenbeck can't keep the
company afloat.
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The bricklayers, electricians, and
carpenters who build the houses start to
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notice the company's cash flow problems
in 2001.
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And the urban bank companies were first
slow to pay their subcontractors and
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then just stopped paying them.
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And when they start going after
homebuyers to collect what they're owed,
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fraud breaks wide open.
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Charles and Sherry Mitchell buy their
three -bedroom Urban Beck home in
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Independence, Kentucky in 2001.
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We went to every builder, looked at
every model home. We went to all the
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fests. And then when we found this one,
of course, this is perfect.
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But just months after moving in, the
Mitchells receive the world's worst
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housewarming gift.
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Two liens filed against their home by
frustrated subcontractors.
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It seems they were hired but never paid
by Bill Urbanbeck.
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One of the liens is for only $100, but
the other is for more than $22 ,000.
221
00:16:03,880 --> 00:16:08,959
I thought it was a joke, and I told him,
oh, that can't happen. I didn't believe
222
00:16:08,960 --> 00:16:12,940
it, but we found out it was, you know,
true.
223
00:16:13,690 --> 00:16:16,010
For the Mitchells, the situation is
dire.
224
00:16:16,210 --> 00:16:21,409
With liens filed against their home, it
could be foreclosed upon through no
225
00:16:21,410 --> 00:16:22,460
fault of their own.
226
00:16:23,130 --> 00:16:25,070
It's an unthinkable result.
227
00:16:25,670 --> 00:16:30,650
All the money that we had, we put in to
just getting in this house.
228
00:16:30,870 --> 00:16:33,870
We were spent out.
229
00:16:34,850 --> 00:16:39,070
Charles Mitchell calls Bill Erpenbeck
personally to resolve the liens.
230
00:16:39,630 --> 00:16:44,729
I called him, and I talked to him
briefly over the phone, and he said it
231
00:16:44,730 --> 00:16:48,610
big mistake. He apologized and all that,
and he's going to make it right.
232
00:16:49,510 --> 00:16:52,950
Erpenbeck does, in fact, pay off the
liens.
233
00:16:53,230 --> 00:16:57,709
But the Mitchells soon realized that
those are only the first cracks of the
234
00:16:57,710 --> 00:16:58,760
foundation.
235
00:17:00,710 --> 00:17:05,029
Like hundreds of other homebuyers, the
Mitchells discover Erpenbeck never paid
236
00:17:05,030 --> 00:17:06,230
off his original loan.
237
00:17:06,680 --> 00:17:09,400
and that they could again lose their
brand -new house.
238
00:17:09,960 --> 00:17:11,300
We went through hatred.
239
00:17:11,520 --> 00:17:15,040
We went through, we were kind of
hysterical. We were scared.
240
00:17:15,440 --> 00:17:18,220
We were outraged. We were all these
things.
241
00:17:19,140 --> 00:17:22,720
The Mitchells hire attorney Brandon
Volker to take up their case.
242
00:17:23,200 --> 00:17:30,059
This was the actual statement of
mechanics and material men's lien that
243
00:17:30,060 --> 00:17:35,780
the Mitchells received, and ironically,
it was over $100.
244
00:17:36,640 --> 00:17:41,439
Little did they know at the time that it
was substantially more money at issue
245
00:17:41,440 --> 00:17:43,400
with their house other than this $100.
246
00:17:44,920 --> 00:17:51,519
When you bring it down to just its
basics, it's just pure stupidity. It's
247
00:17:51,520 --> 00:17:56,260
theft. It's as simple as some person
walking into a store.
248
00:17:56,990 --> 00:18:01,309
and shoplifting and just walking out
with the item, you know, not even trying
249
00:18:01,310 --> 00:18:05,449
hide it, just carrying it out
triumphantly. I just shoplifted from
250
00:18:05,450 --> 00:18:07,800
essentially what was going on with
Erfenbeck.
251
00:18:08,450 --> 00:18:13,029
Volker begins a class action lawsuit in
the Mitchell's name, but he doesn't go
252
00:18:13,030 --> 00:18:18,229
after Erfenbeck. He sues People's Bank
for allowing Erfenbeck to divert checks
253
00:18:18,230 --> 00:18:21,590
not payable to him into his company's
bank account.
254
00:18:22,430 --> 00:18:25,230
As Volker contacts title agencies and
banks.
255
00:18:25,850 --> 00:18:30,669
Word of the fraud cascades throughout
the home building industry, and
256
00:18:30,670 --> 00:18:33,550
knows the fraud is coming to an end.
257
00:18:34,150 --> 00:18:41,049
Four banks and a title company had
discovered what Bill Erpenbeck was
258
00:18:41,050 --> 00:18:45,529
doing, confronted him about it, and
perhaps he decided that it was in his
259
00:18:45,530 --> 00:18:48,929
interest to come forth to the government
before the government approached him.
260
00:18:48,930 --> 00:18:51,350
When American Greed Returns.
261
00:18:52,970 --> 00:18:58,109
Bill Erpenbeck tries to get ahead of the
fraud's investigation, and he does it
262
00:18:58,110 --> 00:19:00,330
in disgracefully dramatic fashion.
263
00:19:00,690 --> 00:19:04,010
It just seemed like it was out of a mob
movie almost.
264
00:19:04,230 --> 00:19:11,089
Father and son pressuring the daughter
into admitting to crimes that she...
265
00:19:11,090 --> 00:19:17,149
In the early spring of 2002, Bill
Erpenbeck is spiraling deeper into a $69
266
00:19:17,150 --> 00:19:18,410
million fraud.
267
00:19:19,590 --> 00:19:24,649
He's been diverting checks from
homebuyers into his company's bank
268
00:19:24,650 --> 00:19:29,029
are meant to pay off his construction
loans, leaving hundreds of homebuyers
269
00:19:29,030 --> 00:19:33,710
holding the bag for his debt and facing
the possibility of losing their homes.
270
00:19:35,970 --> 00:19:38,990
But the outside world is catching up to
him.
271
00:19:39,290 --> 00:19:43,009
It was about to be discovered because
there was just too many people
272
00:19:43,010 --> 00:19:46,829
him, too many people said he didn't have
the money and time to pay all these
273
00:19:46,830 --> 00:19:47,880
people off.
274
00:19:48,910 --> 00:19:55,809
On March 22, 2002, Erpenbeck decides to
come clean to the government, or his
275
00:19:55,810 --> 00:19:57,430
version of clean, anyway.
276
00:19:58,650 --> 00:20:02,910
Bill Erpenbeck isn't the type of captain
to go down with a ship.
277
00:20:03,230 --> 00:20:07,489
In a conference room at the U .S.
Attorney's Office in Cincinnati, he
278
00:20:07,490 --> 00:20:12,249
Assistant U .S. Attorney Kathleen
Brinkman and FBI Special Agent Kevin
279
00:20:12,250 --> 00:20:16,670
that the fraud was started without his
knowledge by the company accountant.
280
00:20:17,610 --> 00:20:19,790
Laurie Erpenbeck, his sister.
281
00:20:21,030 --> 00:20:22,490
It's a dramatic performance.
282
00:20:24,530 --> 00:20:31,489
He cried a little bit, and he tried to
put it off on his sister that she had a
283
00:20:31,490 --> 00:20:35,490
rough life. Poor Laurie, you know, she
just, I think she just wanted the help.
284
00:20:36,490 --> 00:20:41,869
Laurie Erpenbeck does, in fact, have a
hand in the fraud, but is hardly its
285
00:20:41,870 --> 00:20:42,920
mastermind.
286
00:20:43,500 --> 00:20:48,120
Her role in the fraud was primarily
depositing the checks.
287
00:20:48,700 --> 00:20:50,920
But she can't handle the deceit.
288
00:20:51,280 --> 00:20:56,660
Months before Bill Erpenbeck goes to the
FBI, Lori Erpenbeck leaves the company.
289
00:20:56,661 --> 00:20:59,279
She didn't want to be involved with it
anymore.
290
00:20:59,280 --> 00:21:03,240
She was feeling more and more pressure
to do things she didn't want to do.
291
00:21:04,360 --> 00:21:09,859
Nevertheless, Bill Erpenbeck determines
that Lori needs to take the fall for the
292
00:21:09,860 --> 00:21:10,910
family.
293
00:21:13,150 --> 00:21:20,129
The only girl in the family. And pretty
much we determined it was
294
00:21:20,130 --> 00:21:23,050
treated like dirt for most of her life.
295
00:21:23,290 --> 00:21:28,650
The family dynamic is evident in this
publicity photo of the Erpenbeck
296
00:21:28,810 --> 00:21:31,870
It's the father, Tony, and three of his
sons.
297
00:21:32,330 --> 00:21:35,070
Lori is conspicuously absent.
298
00:21:37,150 --> 00:21:39,910
As the government digs deeper into the
fraud.
299
00:21:40,540 --> 00:21:46,619
Bill Erpenbeck's story seems hollow, and
it becomes clear that Laurie is simply
300
00:21:46,620 --> 00:21:47,670
a scapegoat.
301
00:21:48,100 --> 00:21:51,979
It became apparent to us in looking at
the documents and talking to the other
302
00:21:51,980 --> 00:21:56,619
witnesses that Bill Erpenbeck was
involved in the scheme from the
303
00:21:56,620 --> 00:21:58,860
was a leader of the scheme.
304
00:21:59,600 --> 00:22:04,020
But Erpenbeck is determined to squirm
his way out of the vice.
305
00:22:04,960 --> 00:22:08,720
He recruited bankers John Fennin and
Mark Manning into the fraud.
306
00:22:09,320 --> 00:22:13,940
If blaming his sister doesn't work,
maybe turning in the bankers will.
307
00:22:15,280 --> 00:22:19,059
Well, Bill was working at that point in
time. He was trying to mitigate his
308
00:22:19,060 --> 00:22:21,980
circumstances. So Bill was out to save
Bill.
309
00:22:22,460 --> 00:22:26,659
He turns over recordings of phone
conversations with Fennin and many that
310
00:22:26,660 --> 00:22:31,019
clearly implicate that the bankers know
about the fraud and that what they are
311
00:22:31,020 --> 00:22:32,140
doing is wrong.
312
00:22:45,480 --> 00:22:49,640
It appears that ratting out the bankers
might just work.
313
00:22:50,160 --> 00:22:54,379
He makes a deal with the government. He
pleads guilty to one count of bank
314
00:22:54,380 --> 00:22:58,859
fraud. And in exchange for his
cooperation, the government will pursue
315
00:22:58,860 --> 00:23:01,280
sentence much less than the 30 -year
maximum.
316
00:23:01,840 --> 00:23:06,559
Based on his assistance, making the
tapes with Finnan and many, telling us
317
00:23:06,560 --> 00:23:10,530
involvement of other people, it likely
would have brought him down to 10 years.
318
00:23:10,730 --> 00:23:16,289
But Bill Erpenbeck isn't one to accept a
first offer. He has more tricks up his
319
00:23:16,290 --> 00:23:21,429
sleeve. Bill, in typical Bill Erpenbeck
fashion, figured I can manipulate the
320
00:23:21,430 --> 00:23:26,430
system. And once again, his sister Lori
is the sacrificial lamb.
321
00:23:27,950 --> 00:23:32,329
Days before she is scheduled to testify
at Bill's sentencing hearing in February
322
00:23:32,330 --> 00:23:33,410
of 2004,
323
00:23:34,250 --> 00:23:38,250
Kathleen Brinkman gets some shocking
news from Lori's attorney.
324
00:23:38,790 --> 00:23:45,019
He said, Her father is putting pressure
on her to lie at this upcoming hearing
325
00:23:45,020 --> 00:23:47,060
related to the sentencing of Bill.
326
00:23:47,260 --> 00:23:52,440
The elder Erpenbeck is asking her to
take the stand and the blame.
327
00:23:53,520 --> 00:23:56,080
But Lori has finally had enough.
328
00:23:56,620 --> 00:24:01,580
She agrees to wear a wire and two nights
later meet with her father.
329
00:24:02,940 --> 00:24:08,939
As they drive through the streets of
Covington, Kentucky, five FBI vehicles
330
00:24:08,940 --> 00:24:12,310
follow. listening to the conversation on
a transmitter.
331
00:24:13,130 --> 00:24:14,180
It was rainy.
332
00:24:14,530 --> 00:24:19,470
It was just difficult to follow them.
We'd hoped they would stay in the area.
333
00:24:19,690 --> 00:24:20,830
Fortunately, they did.
334
00:24:22,370 --> 00:24:27,109
Tony drives Lori to the Marriott
Courtyard in Covington, where the stakes
335
00:24:27,110 --> 00:24:32,510
raised. On the top level of the parking
garage, Bill Erpenbeck is waiting.
336
00:24:33,310 --> 00:24:37,569
When Bill got in the car, it was just
the tag team. They're asking for her to
337
00:24:37,570 --> 00:24:38,620
take the fall.
338
00:24:38,680 --> 00:24:42,420
to say it's happened on her watch, that
she caused it.
339
00:24:43,960 --> 00:24:49,319
Quite frankly, from an investigative
standpoint, I don't think we could have
340
00:24:49,320 --> 00:24:50,919
written a better script ourselves.
341
00:24:50,920 --> 00:24:54,400
It was just directing her to do nothing
but lie.
342
00:24:55,580 --> 00:24:59,480
Tony told Lori that we need you to step
up for the family.
343
00:24:59,860 --> 00:25:03,680
Bill can't go to jail. He has three
children that need him.
344
00:25:04,340 --> 00:25:05,780
And, you know, you're single.
345
00:25:07,680 --> 00:25:09,730
more or less throwing Lori under the
bus.
346
00:25:10,140 --> 00:25:11,260
It was very sad.
347
00:25:13,720 --> 00:25:18,919
Finally, the FBI determines they've
heard enough, and five cars swoop in and
348
00:25:18,920 --> 00:25:20,520
encircle the scene of the crime.
349
00:25:21,300 --> 00:25:27,879
And I'll never forget, when I arrested
Bill and went up to him, he got out and
350
00:25:27,880 --> 00:25:30,590
he started crying. He says, I'm going
away for 30 years.
351
00:25:32,880 --> 00:25:37,560
The next day, father and son are
arraigned on obstruction of justice
352
00:25:38,160 --> 00:25:42,919
Two months later, they plead guilty, and
any points Bill had won for cooperation
353
00:25:42,920 --> 00:25:44,920
are now long gone.
354
00:25:46,080 --> 00:25:49,820
Just as he predicted, he's sentenced to
30 years in prison.
355
00:25:50,440 --> 00:25:55,799
Tony Erpenbeck is sentenced to six
years, but it isn't the last we'll hear
356
00:25:55,800 --> 00:25:57,220
Bill Erpenbeck's father.
357
00:25:59,660 --> 00:26:01,320
When American Greed returns.
358
00:26:02,270 --> 00:26:03,910
Tony Erpenbeck wants revenge.
359
00:26:04,370 --> 00:26:06,610
How far is he willing to go?
360
00:26:07,070 --> 00:26:13,630
He described in graphic detail what he
wanted done. It was violent,
361
00:26:13,750 --> 00:26:15,610
violent death that he was calling for.
362
00:26:18,570 --> 00:26:24,129
In the summer of 2004, three members of
the Erpenbeck family sit in prison for
363
00:26:24,130 --> 00:26:28,130
their roles in a $69 million fraud and
its aftermath.
364
00:26:29,310 --> 00:26:34,229
The mastermind, Bill Erpenbeck, is
guilty of bank fraud and obstruction of
365
00:26:34,230 --> 00:26:37,430
justice and is sentenced to 30 years in
prison.
366
00:26:39,210 --> 00:26:44,749
Lori Erpenbeck, his sister, pleads
guilty for her smaller role in the fraud
367
00:26:44,750 --> 00:26:46,250
is sentenced to one year.
368
00:26:47,370 --> 00:26:52,769
And their father, Tony Erpenbeck, is
sentenced by Judge Arthur Spiegel to six
369
00:26:52,770 --> 00:26:54,830
years for obstruction of justice.
370
00:26:55,520 --> 00:26:59,879
after being recorded trying to convince
Laurie to take the blame for the fraud
371
00:26:59,880 --> 00:27:01,720
in order to save Bill.
372
00:27:03,500 --> 00:27:05,100
Tony Lifton died for Bill.
373
00:27:05,340 --> 00:27:11,459
Bill was the all -star in that family,
and he's the one that got the respect
374
00:27:11,460 --> 00:27:14,340
and the attention from the father.
375
00:27:15,360 --> 00:27:19,859
Sixty -nine -year -old Tony Erpenbeck
once reigned over the mighty Erpenbeck
376
00:27:19,860 --> 00:27:21,060
home -building dynasty.
377
00:27:21,420 --> 00:27:22,600
But now...
378
00:27:22,800 --> 00:27:27,700
feeling that both his and his son Bill's
lives are ruined, wants revenge.
379
00:27:29,360 --> 00:27:36,259
In December 2004, Tim Tracy, the FBI
special agent who arrested Tony
380
00:27:36,260 --> 00:27:40,460
on the obstruction charges, received
news that he'll never forget.
381
00:27:41,240 --> 00:27:47,539
After Tony was sentenced for his
obstruction charge and he was
382
00:27:47,540 --> 00:27:50,740
the Lexington medical facility, he had
made...
383
00:27:51,070 --> 00:27:56,370
comment to another inmate about killing
Judge Spiegel, killing Kathy Brinkman,
384
00:27:56,450 --> 00:27:58,410
and kidnapping my children.
385
00:28:01,170 --> 00:28:05,709
The inmate, John Collins, alerts the
authorities and agrees to record further
386
00:28:05,710 --> 00:28:07,470
conversations with Erpenbeck.
387
00:28:08,050 --> 00:28:11,650
Assistant U .S. Attorney Rob Duncan
prosecutes the case.
388
00:28:12,030 --> 00:28:16,370
In the first recording, it's Mr.
Erpenbeck speaking with Collins about...
389
00:28:17,840 --> 00:28:23,219
what he wants done, how he wants it
done. The second conversation is more of
390
00:28:23,220 --> 00:28:29,439
same, but there's more detail. There
seems to be a little bit more of a level
391
00:28:29,440 --> 00:28:30,490
specificity.
392
00:28:31,160 --> 00:28:36,799
In language too profane to repeat,
Erpenbeck tells Collins he wants the
393
00:28:36,800 --> 00:28:42,459
of Attorney Brinkman and Judge Spiegel
mutilated, with body parts cut or shot
394
00:28:42,460 --> 00:28:43,510
off.
395
00:28:43,920 --> 00:28:48,800
His plan for Special Agent Tracy's
children is even more sadistic.
396
00:28:49,680 --> 00:28:55,419
He says he wants the 8 - and 12 -year
-olds buried alive in caskets with a
397
00:28:55,420 --> 00:29:00,059
leading above ground for air and enough
water and crackers to allow them to
398
00:29:00,060 --> 00:29:05,939
survive trapped and terrified
underground for a full two weeks, simply
399
00:29:05,940 --> 00:29:06,990
torture of it.
400
00:29:07,920 --> 00:29:13,080
It's one thing to threaten me. I've had
it happen a few times.
401
00:29:13,530 --> 00:29:15,730
I'm armed. I can take care of myself.
402
00:29:17,350 --> 00:29:19,640
To threaten a family, it's a different
thing.
403
00:29:21,470 --> 00:29:26,309
The inmate, John Collins, leads
Erpenbeck to believe that he is capable
404
00:29:26,310 --> 00:29:27,690
carrying out the threats.
405
00:29:27,990 --> 00:29:30,670
And Erpenbeck lets him know he's
serious.
406
00:29:31,210 --> 00:29:37,589
I talked about price and $500 ,000
payment initially,
407
00:29:37,590 --> 00:29:41,750
and then an additional amount if it
was...
408
00:29:41,751 --> 00:29:45,099
if it was carried out and completed. I
think that is when Mr. Ruppenbach made
409
00:29:45,100 --> 00:29:47,579
the statement about if it takes a
million, it takes a million.
410
00:29:47,580 --> 00:29:52,239
Knowing it will become public, Tracy
decides that he needs to let his
411
00:29:52,240 --> 00:29:53,600
know about the threats.
412
00:29:54,400 --> 00:29:57,300
They were just amazed that someone could
be that mean.
413
00:29:59,220 --> 00:30:05,139
But I didn't tell them everything, but
it eventually was in the newspaper. My
414
00:30:05,140 --> 00:30:10,440
oldest child read it and was pretty
upset.
415
00:30:10,441 --> 00:30:14,199
I mean, had he talked to somebody else
other than Mr. Collins, who knows what
416
00:30:14,200 --> 00:30:15,250
would have happened.
417
00:30:16,820 --> 00:30:21,320
Fortunately, the only thing that happens
is that on April 7, 2005,
418
00:30:22,040 --> 00:30:26,340
Tony Erpenbeck is indicted on seven
counts relating to the plot.
419
00:30:27,440 --> 00:30:29,800
He goes on trial eight months later.
420
00:30:31,180 --> 00:30:35,339
His claim was, I wasn't serious, that I
was afraid of Collins, that I was afraid
421
00:30:35,340 --> 00:30:39,120
of prison life, and that he never
intended to carry out the threats.
422
00:30:39,800 --> 00:30:45,340
It could conceivably be a persuasive
argument until the jury hears the tapes.
423
00:30:46,680 --> 00:30:48,540
I think they resonated.
424
00:30:48,840 --> 00:30:52,760
Certainly, they resulted in, at least in
part, in his convictions.
425
00:30:54,280 --> 00:30:59,759
Tony Erpenbeck is convicted on four
counts of solicitation for threatening
426
00:30:59,760 --> 00:31:04,719
kill a federal judge and federal law
enforcement officer and threatening to
427
00:31:04,720 --> 00:31:06,960
kidnap a federal officer's family
members.
428
00:31:07,740 --> 00:31:11,380
It extends his total prison sentence to
20 years.
429
00:31:12,860 --> 00:31:18,039
Once again, it appears that the
Erpenbecks have no more options, but
430
00:31:18,040 --> 00:31:20,580
be underestimating their demented
creativity.
431
00:31:21,100 --> 00:31:27,259
In the summer of 2009, former home
-building giants Bill and Tony Erpenbeck
432
00:31:27,260 --> 00:31:33,099
in federal prisons, serving out long
sentences for their participation in a
433
00:31:33,100 --> 00:31:35,580
million fraud and its aftermath.
434
00:31:36,360 --> 00:31:41,139
Lori Erpenbeck has served a one -year
sentence for her role in the fraud and
435
00:31:41,140 --> 00:31:42,190
been released.
436
00:31:42,240 --> 00:31:47,199
The Erpenbeck closing agent, Michelle
Marksberry, has pleaded guilty to one
437
00:31:47,200 --> 00:31:49,560
count of bank fraud and serves two
years.
438
00:31:49,920 --> 00:31:51,440
She's also been released.
439
00:31:52,660 --> 00:31:58,079
Bill's brothers, Gary and Jeff
Erpenbeck, are investigated in the fraud
440
00:31:58,080 --> 00:31:59,130
charged.
441
00:32:00,110 --> 00:32:04,209
For the hundreds of homebuyers
represented in Brandon Volker's class
442
00:32:04,210 --> 00:32:07,750
lawsuit against People's Bank, there's
even a happy ending.
443
00:32:09,530 --> 00:32:15,449
The bank, which allowed illegal deposits
into Erpenbeck's account, pays off all
444
00:32:15,450 --> 00:32:19,730
the construction mortgages that
Erpenbeck had left on the homebuyers'
445
00:32:19,731 --> 00:32:23,909
My clients went through a lot, but they
got what they were supposed to have
446
00:32:23,910 --> 00:32:26,320
gotten from day one, their house free
and clear.
447
00:32:27,340 --> 00:32:32,099
It's something Charles and Sherry
Mitchell, the initiators of the suit,
448
00:32:32,100 --> 00:32:33,150
proud of.
449
00:32:33,460 --> 00:32:38,200
I felt good that we not only helped
ourselves, we helped a lot of other
450
00:32:38,220 --> 00:32:39,360
That was a good feeling.
451
00:32:39,400 --> 00:32:40,960
I can only speak for myself.
452
00:32:41,240 --> 00:32:43,560
I mean, I felt good about that.
453
00:32:44,820 --> 00:32:49,359
Unfortunately for Linda Harlow, she is
left dealing with the fallout from
454
00:32:49,360 --> 00:32:51,260
Erpenbeck's fraud for years.
455
00:32:52,060 --> 00:32:56,759
Because Erpenbeck never cleared his
original loan on the construction, The
456
00:32:56,760 --> 00:32:59,520
is burdened with an overwhelming amount
of debt.
457
00:32:59,900 --> 00:33:06,280
It was $240 ,000 on a house that was
worth $142 ,000.
458
00:33:07,880 --> 00:33:11,600
She declares bankruptcy and walks away
from the home.
459
00:33:13,060 --> 00:33:15,660
Sometimes you just can't give a house
away.
460
00:33:15,900 --> 00:33:20,419
I tried to give clear title to my bank.
They couldn't take it. I tried to give
461
00:33:20,420 --> 00:33:23,100
the title back to Urban Beck's lender.
462
00:33:23,300 --> 00:33:24,380
They couldn't take it.
463
00:33:25,030 --> 00:33:30,349
Eventually, she finds recourse by suing
her mortgage company, which she believes
464
00:33:30,350 --> 00:33:34,569
botched the closing by not fulfilling
its responsibility of making sure
465
00:33:34,570 --> 00:33:36,670
Erpenbeck's loan was paid off.
466
00:33:37,490 --> 00:33:42,390
At the end, it was settled favorably in
my case.
467
00:33:42,610 --> 00:33:44,550
You can't get back the frustration.
468
00:33:46,450 --> 00:33:50,790
But, you know, I learned a lot from it.
469
00:33:51,340 --> 00:33:56,479
People's Bank, which is very profitable
before the fraud breaks, can't recover
470
00:33:56,480 --> 00:34:00,220
from the money they owe from the
lawsuits and are eventually sold.
471
00:34:01,180 --> 00:34:07,079
In June 2004, John Fennin and Mark
Minney each plead guilty to three counts
472
00:34:07,080 --> 00:34:12,019
relating to bank fraud and go on to
serve five years and four and a half
473
00:34:12,020 --> 00:34:13,070
respectively.
474
00:34:13,960 --> 00:34:18,600
In all, Bill Erpenbeck leaves behind him
a trail of destruction.
475
00:34:19,230 --> 00:34:25,349
that lands six people in prison for
combined sentences of more than 60 years
476
00:34:25,350 --> 00:34:30,050
defrauds banks, title companies, and
homeowners of more than $60 million.
477
00:34:32,070 --> 00:34:37,829
In November 2005, Erpenbeck talks with a
Cincinnati news station from prison in
478
00:34:37,830 --> 00:34:41,250
Florida to make one last sales pitch for
sympathy.
479
00:34:42,190 --> 00:34:43,489
We all made mistakes.
480
00:34:44,050 --> 00:34:45,100
I did.
481
00:34:45,449 --> 00:34:46,499
John did.
482
00:34:47,230 --> 00:34:48,280
Mark did.
483
00:34:48,281 --> 00:34:52,488
You know, I thought about it a thousand
times since then. If I just would have
484
00:34:52,489 --> 00:34:57,469
thought of one thing, if I just would
have thought of the customer first, and
485
00:34:57,470 --> 00:34:59,030
not thought of everything else.
486
00:35:00,730 --> 00:35:04,070
But four years later, Erpenbeck thinks
he's suffered enough.
487
00:35:04,930 --> 00:35:10,529
In August 2009, hoping to get
consideration for a lesser sentence, he
488
00:35:10,530 --> 00:35:15,109
Special Agent Gormley to tell him about
personal assets that he had kept hidden
489
00:35:15,110 --> 00:35:16,950
during the original investigation.
490
00:35:17,970 --> 00:35:21,789
Gormley heads to the Federal
Correctional Institute in Coleman,
491
00:35:21,790 --> 00:35:23,030
speak to Erpenbeck.
492
00:35:23,031 --> 00:35:27,089
Well, what he told us was that he was
not honest with me when he talked to me
493
00:35:27,090 --> 00:35:28,140
the beginning.
494
00:35:28,410 --> 00:35:29,460
What a surprise.
495
00:35:30,310 --> 00:35:33,570
But what he told me is that he gave
money to Steve Skidmore.
496
00:35:34,090 --> 00:35:38,849
Steve Skidmore was Erpenbeck's friend
and next -door neighbor in 2002 when
497
00:35:38,850 --> 00:35:40,950
Erpenbeck was first under investigation.
498
00:35:41,430 --> 00:35:43,690
And now he's been sold out.
499
00:35:44,410 --> 00:35:49,589
Skidmore bought the house of former
Erpenbeck neighbor Glenn Fagan when
500
00:35:49,590 --> 00:35:50,850
moved in 1999.
501
00:35:51,730 --> 00:35:55,630
Bill was one of those guys that would
hone in on somebody.
502
00:35:55,631 --> 00:35:59,949
There was always somebody who was
rotating out of the cycle, putting under
503
00:35:59,950 --> 00:36:02,250
wing, and taking along for the ride.
504
00:36:03,350 --> 00:36:06,590
But rides with Erpenbeck have a way of
getting bumpy.
505
00:36:07,660 --> 00:36:12,659
In prison in Florida, Erpenbeck tells
Special Agent Gormley a story from back
506
00:36:12,660 --> 00:36:13,710
2002.
507
00:36:14,260 --> 00:36:19,260
He said he went golfing with Steve
Skidmore and they talked in the car.
508
00:36:19,780 --> 00:36:21,820
And he said, hey, I've got the money.
509
00:36:22,400 --> 00:36:26,100
I don't know what to do with it. And
Steve offered to add it for him.
510
00:36:27,620 --> 00:36:32,659
Erpenbeck tells Gormley that the money
is zipped away in an Erpenbeck company
511
00:36:32,660 --> 00:36:34,140
soft -sided cooler.
512
00:36:35,130 --> 00:36:37,550
that he doesn't know what Skidmore did
with it.
513
00:36:38,450 --> 00:36:44,089
Gormley heads back to Kentucky and
crafts a plan to pry the secret out of
514
00:36:44,090 --> 00:36:49,189
Skidmore. The special agent enlists
Bill's brother, Jeff Erpenbeck, to wear
515
00:36:49,190 --> 00:36:54,309
wire and tell Skidmore that the
Erpenbecks are desperate for cash and
516
00:36:54,310 --> 00:36:56,370
know where he's hidden the money.
517
00:36:58,230 --> 00:37:03,730
Steve Skidmore finally admitted after
some time that, okay, this is legit.
518
00:37:04,270 --> 00:37:05,770
I need to get this money to Bill.
519
00:37:06,190 --> 00:37:12,049
He tells Jeff Erpenbeck he buried it on
the golf course behind his house, 46
520
00:37:12,050 --> 00:37:13,750
paces off the third tee box.
521
00:37:15,490 --> 00:37:18,830
Within the week, the FBI starts digging.
522
00:37:19,310 --> 00:37:24,810
Here's the third hole, the golf course,
really 46 paces from here.
523
00:37:27,350 --> 00:37:31,950
But agents soon begin to doubt that X
marks the spot.
524
00:37:31,951 --> 00:37:37,439
It's been years, and a lot has changed.
So that landscape and the roots have
525
00:37:37,440 --> 00:37:39,800
grown over, so it's really some tough
digging.
526
00:37:43,220 --> 00:37:48,579
After five long hours of digging, one of
the agents finally spots the corner of
527
00:37:48,580 --> 00:37:49,720
a $100 bill.
528
00:37:51,080 --> 00:37:55,119
And I almost didn't believe it, because
we had been out there for so long
529
00:37:55,120 --> 00:37:58,560
digging. And sure enough, we could see
remnants of a cooler.
530
00:38:00,300 --> 00:38:04,559
The agents unearthed the same soft
-sided Erpenbeck company cooler that
531
00:38:04,560 --> 00:38:05,820
Erpenbeck had described.
532
00:38:06,500 --> 00:38:10,540
Could this be the remnants of
Erpenbeck's $69 million scam?
533
00:38:11,460 --> 00:38:15,319
It was in horrible condition when we
found it. It was wet, it was damp, it
534
00:38:15,320 --> 00:38:19,739
torn up, and there was nothing done to
protect the integrity of the case or the
535
00:38:19,740 --> 00:38:20,790
funds.
536
00:38:21,160 --> 00:38:25,279
Nevertheless, the agents are able to
salvage enough pieces to send to the
537
00:38:25,280 --> 00:38:26,660
Department of the Treasury.
538
00:38:27,040 --> 00:38:32,320
And they received back a check for $257
,611.
539
00:38:34,840 --> 00:38:39,919
Skidmore, who had previously told
Gormley he knew nothing about hidden
540
00:38:39,920 --> 00:38:44,979
charged with making false statements to
a federal agent. His excuse is sadly
541
00:38:44,980 --> 00:38:47,180
naive. I just said he did it for Bill.
542
00:38:47,940 --> 00:38:50,020
It was just, again, blind loyalty.
543
00:38:50,480 --> 00:38:51,530
He was furious.
544
00:38:51,680 --> 00:38:53,850
And in a way, I understand his
frustration.
545
00:38:54,460 --> 00:38:55,960
He didn't take any of the funds.
546
00:38:57,870 --> 00:39:01,549
You know, it can only be filed under the
category of no good deed goes
547
00:39:01,550 --> 00:39:07,249
unpunished. You know, he wasn't involved
with Bill in any way, shape or form
548
00:39:07,250 --> 00:39:13,829
other than a drinking buddy and a golf
buddy and thought he was doing Bill a
549
00:39:13,830 --> 00:39:14,880
favor.
550
00:39:16,730 --> 00:39:21,390
Skidmore pleads guilty and is sentenced
to 16 months in prison.
551
00:39:22,690 --> 00:39:25,990
Bill Erpenbeck's betrayal is all for
nothing.
552
00:39:26,730 --> 00:39:29,510
He doesn't get a single day taken off
his sentence.
553
00:39:30,130 --> 00:39:34,150
He only accomplishes landing one more
friend in prison.
554
00:39:34,910 --> 00:39:38,460
Steve Skidmore would not be in prison if
it were not for Bill Erpenbeck.
555
00:39:39,230 --> 00:39:41,210
Laurie Erpenbeck would not be in prison.
556
00:39:41,890 --> 00:39:44,420
Michelle Marksbury would not have gone
to prison.
557
00:39:44,690 --> 00:39:49,070
I don't think the bankers would have
gone to prison without Bill Erpenbeck.
558
00:39:50,370 --> 00:39:53,770
Erpenbeck is still scheduled to be
released in 2025.
559
00:39:54,390 --> 00:39:58,040
But with Bill Erpenbeck, You never know
what might happen.
560
00:39:58,041 --> 00:40:01,119
I don't think we've heard the last.
There's probably something else going to
561
00:40:01,120 --> 00:40:02,920
come up. This is a case that never ends.
562
00:40:02,950 --> 00:40:07,500
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