Check Scheme Affidavit

Page 1

ARREST WARRANT APPLICATION

STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov

JD-CR-64b Rev. 10-04 C.G.S. 搂 54-2a Pro Bk. Sec. 36-1,36路2,36-3

SUPPORTING AFFIDAVITS SEALED

DYES

AGENCY NAME

D

NO

AGENCY NO.

Wallingford

0014800

NAME AND RESIDENCE (Town) OF ACCUSED

COURT TO BE HELD AT (Town)

Michael E. Cassello, LKA 175 North Street, Wallingford

Meriden

APPLICATION FOR ARREST WARRANT TO: A Judge of the Superior Court The undersigned herej>1"applies for a warrant for the arrest of the above-named accused on the basis of the facts set forth in the:

10' AFFIDAVIT BELOW.

D

AFFIDAVIT(S) ATIACHED.

DATE AND SIGNATURE

AFFIDAVIT The undersigned affiant, being dUly sworn, Cleposes and says: 1. The undersigned, Detective Cheryl Bradley being duly sworn, does depose and state that she is a member of the Wallingford Police Department and has been a member of said department for approximately 12 years prior to the date hereof and at all times mentioned herein, was acting as a member of said department. The following facts and circumstances are stated from personal knowledge and observations as well as information obtained from brother officers acting in their official capacities. 2. That on 02/26/10, the Wallingford Police Department received a mailed complaint of larceny. The complainant was Attorney Geoffrey Einhorn, who sent the information on behalf of his client, Leonard Rossicone. 3. That on March 3, 2010, I met with Attorney Einhorn and Mr. Rossicone. Mr. Rossicone explained that he owns numerous commercial properties in Wallingford and (2) in Durham, all of which he leases out to business owners. Mr. Rossicone is listed as the property owner on some of the properties and others are listed under his company name of LNJS. For about the last 14 years, he has employed Michael E. Cassello of Cassello Realty to act as property manager of the properties. As property manager, Cassello was responsible for the leasing of each property and collection of monthly rents, among other duties. There was no written contract between Mr. Rossicone and Cassello, but Mr. Rossicone provided a schedule of management fees that he paid to Cassello for his services per their verbal agreement. 4. That the arrangements were such that Cassello would deliver all checks made payable to LNJS to Mr. Rossicone. All checks that were made payable to "Leonard Rossicone" would either be delivered to Mr. Rossicone by Cassello or at times Cassello deposited these checks directly into Mr. Rossicone's Wachovia Account. 5. That over the last approximate 5 years, Cassello would often advise Mr. Rossicone of tenants being late or missing rent payments. Cassello even provided Mr. Rossicone with copies of letters that were sent to (4) such tenants, demanding that they settle their debts which according to the letters totaled $29,118.00 for just these (4) tenants. A few past tenants have even been eVicted as a result of being behind in rent payments. 6. That in October of 2009, Attorney Norman Fishbein per request of Mr. Rossicone initiated the eviction proceedings on one of the tenants, Coleen Murphy who owns Fairy Tales Child Care & Development Center. Mr. Rossicone stated that Cassello advised him that Ms. Murphy had an outstanding rent debt of $10,118.00. (This is page

DATE AND SIGNATURE JURAT

of a

7

page Affidavit.)

DATE

Pt///;j;JO/O SUBSCRIBED? SWORN TO BEFORE ME ON (Date) .... l,;'U.

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The foregoing Application for an arrest warrant, and affidavit(s) attached to said Application, having been submitted to and considered by the undersigned, the undersigned finds from said affidavit(s) that there is probable cause to believe that an offense has been committed and that the accused committed it and, therefore, that probable cause exists for the issuance of a warrant for the arrest of the above-named accused. DATE AND SIGNATURE


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