DAYTON DAILY NEWS LOCAL SCAM Dad going on TV to deny any role in faked illness case CONTINUED FROM B1 grand jury. He has declined comment. Preliminary hearings for all three are scheduled for next Thursday. Bond was set at $37,500 each for the Milbrandts and $20,000 for Russell. No pleas were entered.
All were ordered to avoid contact with the girl without permission from the county Department of Job and Family Services, which has placed her in foster care. Robert Milbrandt was released about 2 p.m. Wednesday after posting bond. Police investigators have said the case the Milbrandts are accused of SUIT Law firm accused of role in scam CONTINUED FROM B1 firm will oppose the proposed amended lawsuit. Makley said that, of 110 investors in the scheme, only the Gutmann family and one other person are plaintiffs in the lawsuit.
Makley said that "to the best of my knowledge, the money that's involved with the plaintiffs here is not the untold millions that's represented in the lawsuit. I think their investments are in the range of something like $3 million, not $46 million." The lawsuit, first filed in January 2001, claims losses by Gutmann and 10 other investors in a scheme promoted by convicted New Jersey swindler Robert J. Ball. The lawsuit alleges that Ball, a former J.C. Penney Co.
employee, claimed a friendship with Tommy Hutchens, identified as Penney's former chief operating officer and president. Thomas D. Hutchens, the former president of Penney's international division, left the Plano, Texas-based company Feb. 29, 2000, three months before the scheme collapsed. Ball was sentenced in Newark, N.J., on Sept.
30 to years in prison for bilking about $224 million from 160 people, mostly in Michigan and Ohio. DeNeal and Bruce Feldman, a father and son, have insisted they were also victims of Ball's scheme. Ball, who has said most of the $23.6 million he made from the scheme went to the Mafia, used his RJB Sales in Hoboken, DEATHS AND FUNERALS Auglaize County KUPPER-STAMM, Juanita, 67, of Wapakoneta, Monday. Mass of Christian Burial 10:30 a.m. Saturday, St.
Joseph Catholic Church. (Bayliff Eley) NEWLAND, Norman 80, of Wapakoneta, Wednesday. Services 1:30 p.m. Saturday, First United Methodist Church. (Bayliff Eley) SHULER, Armilda 97, of Wapakoneta, Tuesday.
Services 2 p.m. Saturday, First English Lutheran Church. (Bayliff Eley) Butler County BEAM, Ann Waters, 61, of Middletown, Monday in Richmond, Ind. Services 10 a.m. Saturday.
(Baker-Stevens) Clark County HARRIS, Robert 78, of New Carlisle, Wednesday in Springfield. Memorial services 4 p.m. Saturday. (Trostel, Chapman Christmas) LANE, Gerald 77, of Springfield, Monday. Services 2.
p.m. Friday. (Littleton Rue, Springfield) MARTIN, Ruth, 80, of Springfield, Wednesday. Services 11 a.m. Tuesday.
(Littleton Rue, Springfield) MAST, Samuel Fredrick, 94, of Springfield, Tuesday. Services 10 a.m. Friday. (Littleton Rue, Springfield) YOUNGERMAN, John Wesley 25, of Springfield, Tuesday. Services 1p.m.
Saturday. (Littleton Rue, Springfield) Clinton County HOLMES, Robert 78, of Wilmington, formerly of Madeira, Tuesday in Dayton. Memorial services 3 p.m. Friday. (Reynolds-Smith, Wilmington) Darke County SMITH, W.
Lester, 88, of 511 W. Weller Ansonia, Wednesday in Greenville. Services 10:30 a.m. Saturday. (Oliver, Greenville) Greene County HENSLEY, Hercules, 93, of Xenia, Wednesday.
Services 11 a.m. Friday, United AME Church. (McColaugh) THURSDAY, JANUARY 16, 2003 collecting more than $10,000 in cash and gifts from the community that believed their daughter was dying of leukemia began early in 2002. Attorneys for the Milbrandts said they will seek a change of venue because the case has attracted local, national and international media attention. Ronald Tompkins, appointed attorney for Russell, was not at the hearing.
Kevin Talebi, attorney for Terri Milbrandt, said she is not planning any interviews. Feinstein said he and Robert Milbrandt were going to leave for New York on Wednesday. "I cannot imagine the police have any new evidence they got (Tuesday) that they didn't already have for weeks. I don't know why they chose to arrest him." Sgt. David Reese, who has headed the investigation, said police had received information the Milbrandts were talking to the media.
The Milbrandts and Russell were arrested after a supervised visit with the N.J., to solicit money from investors, claiming it would be used to buy merchandise on behalf of Penney that the company routinely rejected because it arrived late or was improperly dated. Ball falsely claimed Hutchens would then agree to buy the merchandise for Penney at a higher price. Ball said he acted alone in the scheme. As with most Ponzi schemes, the early investors made money, and money from later investors was used to pay early investors until it collapsed. The amended lawsuit claims Coolidge Wall was instrumental in forming Investment Services LLC, a firm established by Bruce and DeNeal Feldman "to shield the assets of Bruce and DeNeal Feldman in the event that the Ponzi scheme collapsed." It further claims that Coolidge Wall "invested $500,000 of its pension fund in the scheme" and that an unidentified partner in the firm "invested nearly $1.3 million of personal funds and funds as a trustee" in the scheme.
That partner is not identified. "Coolidge Wall had inside knowledge of the scheme and its workings as a result of Coolidge Wall's role in advising the Feldman defendants on securities law matters related to the investments," the lawsuit claims. "This knowledge was enhanced by the fact that Coolidge Wall was also an investor, and thus it would profit as long as the scheme remained afloat. Coolidge Wall reaped significant legal fees from this arrangement." Makley said no Coolidge Wall money was invested in the scheme. He said said the partner invested $1.3 million in personal funds and directed $500,000 of his pension money to the scheme.
Coolidge Wall represents the Dayton Daily News on some editorial issues, but has not reviewed articles related to this lawsuit. KLIPFER, Kenneth 53, of Bellbrook, Wednesday in Dayton. No services. (Tobias) McCOY, Jeremy, 27, of Jamestown, Tuesday in Dayton. Services 11 a.m.
Saturday. (Tobias-Conner Koch, Bellbrook) TOUCHMAN, Rogers 72, of Beavercreek, Monday in Dayton. Services 11 a.m. Friday. (Tobias, Beavercreek) Logan County MADDEN, Lawrence Russell, 83, of Gingerclove Way, Columbus, Tuesday.
Services 11 a.m. Saturday. (RexerRiggin-Madden, DeGraff) Mercer County ELKING, Maurice 80, of W. Wayne Chickasaw, Wednesday in Coldwater. Mass of Christian Burial 10:30 a.m.
Saturday, Precious Blood Church. (Hogenkamp, Coldwater) GOETTEMOELLER, Alvin J. "Peck," 74, of 5303 St. Anthony Road, Celina, Tuesday in Dayton. Mass of Christian Burial 10:30 a.m.
Friday, Immaculate Conception Catholic Church. (W.H. Dick Sons, Celina) Miami County DULIN, Harley, 55, of Piqua, Wednesday. Services 11 a.m. Saturday.
(Melcher-Sowers) NEFF, Orpha Irene, 88, of Tipp City, Tuesday in Troy. Services 10:30 a.m. Saturday. (Morton Whetstone, Vandalia) PENCE, Charles 51, of Ludlow Falls, Monday in Troy. Services 11 a.m.
Friday. (Hale-Sarver, West Milton) SHUMAKER, Ada 77, of Troy, formerly of Dayton, Tuesday in Greenville. Services 10 a.m. Saturday. (Jackson, Pleasant Hill) Montgomery County ALEXANDER, Louishes, 78, of Dayton, Jan.
7. Graveside services 1 p.m. Friday, Dayton National Cemetery. (Thomas) ANSPACH, Marie 79, of West Carrollton, Tuesday. Graveside services 2 p.m.
Friday. (Swart, West Carrollton) BECHER, Forrest 90, formerly of Dayton, of Advance, N.C., 'I cannot imagine the police have any new evidence they got (Tuesday) that they didn't already have for weeks. I don't know why they chose to arrest MARK FEINSTEIN ATTORNEY FOR ROBERT MILBRANDT child at job and family services, Lt. Garry Kimpel said. Milbrandt, Feinstein said, is not being paid for the interview.
"We don't feel like we started trying this in the media," Feinstein said. "We feel like we need to respond to all of the allegations that have been started. (Robert) obviously has nothing to hide." The amended lawsuit seeks to revive Ohio securities fraud claims by citing a June 8, 1999, investor memorandum it claims was drafted by Coolidge Wall and "distributed to all plaintiffs and other investors." Those fraud claims were placed in jeopardy in December when the Ohio Supreme Court ruled that an oral contract doesn't constitute a security. The amended lawsuit contends the memorandum constitutes a written contract. The memorandum states, i in part, "We have not registered these investments with the Securities and Exchange Commission or with any comparable state authority in reliance on available exemptions from registration." This memorandum, the lawsuit claims, "contained materially false statements and omissions, including that Ball had a legitimate arrangement with J.C.
Penney for the purposes of facilitating the J.C. Penney transactions, that investor funds would be used for those purposes, and that the investment opportunity was generating 30 percent annual returns." The amended complaint states: "In an effort to protect the Feldman defendants and itself, Coolidge Wall partner Roger Makley sent a letter to investors in May 2000 (after the scheme's collapse) in which he intimated that Coolidge Wall was protecting the interests of the investors, notwithstanding the flagrant conflict of interest between the investors and the Feldman defendants. The letter admonished the recipients not to disclose its contents because it was 'privileged By using such a legal term of art, Coolidge Wall thus fostered in the investors a belief that an attorney-client relationship existed and that it was protecting the investors, while failing to. disclose its role in the scheme." Contact Wes Hills at 225-2261 or Tuesday. Services 2.
p.m. Friday, Woodland Mausoleum, Dayton. (Routsong, Oakwood) BORNS, Patricia 75, of Dayton, Tuesday. Mass of Christian Burial 10 a.m. Saturday, Ascension Catholic Church.
(Baker-Hazel) BRINKMAN, Rosemary M. (Helsel), 84, of Dayton, Wednesday. Mass of Christian Burial 9:30 a.m. Friday, Maria Joseph Living Care Center. (WalterGetts) GRACI, Colomba, 86, of Centerville, Wednesday.
(Schlientz Moore, Centerville) LANNIGAN, Margaret, 64, of Dayton, Tuesday. Services 1 p.m. today. (Tobias, East Third) LIPOMA, Maurice 88, formerly of Kettering, of New Jersey, Wednesday. Services in Raritan, N.J.
(Tobias, Far Hills) MERCER, Donald 75, of Butler Tuesday in Dayton. Services 11 a.m. Friday. (Morton Whetstone, Vandalia) MILLER, Mary V. (June), of Centerville, formerly of Jackson, Sunday.
Graveside services 1 p.m. Saturday, Fairmont Cemetery, Jackson. (Eisnaugle-Lewis, Jackson) MOLTON, Harold "Jack," 68, of Englewood, Tuesday. Services 10:30 a.m. Saturday.
(Kindred) SCHNEIBER, Donna of Dayton, Wednesday. Services 2 p.m. Friday, Hospice of Dayton. (Tobias) SHEPHERD, Rose May, 75, of Dayton, Sunday. Services 1 p.m.
today. (Tobias, North Main) SMITH, Otis 62, formerly of Dayton, of Pasadena, Jan. 8. Services 1 p.m. Friday, McKinley United Methodist Church.
(House of Wheat) STEINECKER, Dr. Henry Walter, 75, of Washington Wednesday. (Schlientz Moore, Centerville) SINGLETON, Marie, 90, of Dayton, Sunday at Miami Shores of Moraine Nursing Home. Services 1p.m. today, Mount Moriah Baptist Church.
(McLin) STEPHENS, Angela 45, of Dayton, Saturday. Services 11 a.m. today. (Bowman, North) TAYLOR, Paul 71, of Kosmo Drive, Dayton, Tuesday. (House of Wheat) TODD, Ellamae, 82, of Dayton, Tuesday.
Services 11 a.m. Friday. STAR Goes on shoulder of reservist CONTINUED FROM B1 flier, it didn't take much to get him talking. "I enlisted on Dec. 7, 1942 the first anniversary of Pearl Harbor," he said.
He signed up for flight training and was sent to Merced Army Air Field (later Castle Air Force Base) in California. It almost ended there. Moen said he was "under the hood" of a BT-13 in the rear co*ckpit, his head covered while he practiced flying on instruments with an instructor in the front co*ckpit, when another trainer collided with them. "The farmer on the ground said it looked like the other plane chandelled into us," Moen said, describing a dogfighting maneuver. The collision killed his instructor and the other plane's pilot, but Moen was unhurt.
"I crawled out and used my he said. Moen went on to fly B-26 bombers over Europe. Days before the fighting stopped, Moen said his unit began encountering Germany's revolutionary Me-262 jet fighter. "They flew right through our formation. They scared the hell out of us, but they only had enough fuel for one pass," Moen recalled.
"If they had been able to make several passes, they would have decimated us." After the war, Moen flew one of only five C-82 cargo planes that took part in the famous Berlin Airlift from June 1948 to May 1949, a massive supply effort that foiled the Soviet Union's attempt to isolate West Berlin at the beginning of the Cold War. The C-82 was then the Air Force's newest and biggest cargo plane, the first of what became known as "flying boxcars." As part of his visit, Moen said he would meet with Air Force Museum officials today to give his firsthand account of the C-82's use in the airlift. The museum has a C-82 in its collection. He also planned to share his parachuting experience with members of Aviation Trail Inc. The nonprofit group is converting the Hoover Block Building in the WrightDunbar Neighborhood into the Parachute Museum.
Moen is donating memorabilia from his parachuting experience to the museum for eventual display. Moen retired with the Air Force, but flew fighter jets in the Air Force Reserve until 1965. He flew propeller and jet airliners until 1984, when he reached 60 the federally mandated retirement age for airline pilots. The younger Moen has made flying big jets a family tradition. He now commands one of the Air Force's last C-141 wings as it prepares to replace them with the biggest plane the Air Force owns the C-5 Galaxy.
Meanwhile, he leads a unit that has been airlifting people and supplies around the world on missions ranging from Antarctic research to the war on terrorism and the military buildup in the Persian Gulf. "Nobody knows what the future holds for us, but we're ready," he said. (Baker-Hazel) TOLER, Lillian 83, of Dayton, Tuesday. Services 1p.m. Saturday, The Way of the Cross Gospel Ministries.
Way of the Cross Gospel Ministries. (House of Wheat) TOMLINSON-SHOPE, Susie, 37, formerly of Montgomery County, of Sunday. (Gebhart-SchmidtParramore, Miamisburg) VEAL, Sallie 78, of 170 S. Kilmer Dayton, Wednesday. (Thomas) WEATHERLY, Glenn Zachary, of Dayton, Tuesday.
(Newcomer-Farley, Kettering) Preble County ANDREWS, Robert E. 73, of Lewisburg, Monday in Dayton. Services 10:30 a.m. Saturday. (Gilbert-Fellers, Brookville) FRAZIER, Ethel, 88, of Eaton, Wednesday in Richmond, Ind.
Services 11 a.m. Saturday, Fairhaven Community Church. (Barnes, Eaton) GRAYBILL, Nannie 94, formerly of Eldorado, Tuesday in Greenville. Services 10 a.m. Saturday, Price Creek Old German Baptist Brethren Church.
(Girton-Schmidt-Boucher, Eaton) HEALEA, Donald 88, of New Paris, Tuesday in Richmond, Ind. Graveside services 2 p.m. Friday, Springlawn Cemetery. (Barnes, New Paris) MOSES, Ivory Adkins, 81, of New Paris, Wednesday. Services 2 p.m.
Saturday. (Barnes, Eaton) SCHUBERT, Bennie 73, formerly of Preble County, of Richmond, Tuesday. Services 1p.m. Friday. (Robert L.
Crooks, West Alexandria) STEINBERGER, Mildred 97, of New Paris, Wednesday in Eaton. (Barnes, New Paris) Shelby County HUGHES, Dennis R. 49, of 834 Michigan Sidney, Sunday. Graveside services 11 a.m. Friday, Glen Cemetery, Port Jefferson.
(Adams) Warren County ROHRBACK, Donald 70, of Waynesville, formerly of Peebles, Monday. Services noon today. (StubbsConner, Waynesville) ALSPAUGH, Jackie Sr. Age 64, of West Alexandria, passed away Monday, January 13,2003 at Middletown Regional Hospital. Jackie was employed by Miami Valley Aviation, Middletown.
He was preceded in death by his father, Ralph Alspaugh; wife, Carolyn; and sister, Rise Harrison. Survived by his mother, Genevieve Creceta (Swigart) Alspaugh; two sons, Jackie Jr. of South Carolina and Mike of Moraine; two daughters, Robin and Christina; three brothers, Tim of Farmersville, Bill of West Milton and Tony of Fairborn; three sisters, Linda Gilbert of Germantown, Becky Browning of Fairborn and Delores Brooks of Trotwood; and six grandchildren. Funeral services will be held 10:00 A.M. Friday at the Arpp Root Funeral Home in Germantown with burial at Preble Memory Gardens in West Alexandria.
The family will receive friends from P.M. Thursday at the funeral home. ANSPACH, Marie E. age 79 of W. Carrollton, passed away Tuesday, January 14, 2003 at Sycamore Hospital.
A member of the Grace Lutheran Church, W. Carrollton. Preceded in death by her husband Roy Milton Anspach, parents Benjamin Hazel (Hoover) Abner, and by a a a a a a a brother Fred Abner. She is survived by 4 daughters and sons-in-law Becky Phil Worek of W. Carrollton, Cindy McCulley of Miamisburg, Carlotta Tom Fogt of W.
Carrollton, and Maria Anspach of Dayton, 4 grandchildren Lisa Argo, Tina Sparkman (Clint), Kelly McCulley Miko (Matt) and Zackery Wells, 4 great grandchildren Dustin Austin Sparkman, Keegan Argo, and Nathanial Miko, sister Gladys Scheidt of Kettering, and by her loving dog Ben. She was the best Mom and Grandmother in the world. We will miss her so much. Graveside services 2:00 p.m. Friday at Evergreen Cemetery.
Pastor Mike Tuttle officiating. Arrangements by Swart Funeral Home, West Carrollton. If so desired memorial contributions may be made to the Charity of Your Choice. BECHER, Forrest J. Sr.
Age 90, of Bermuda Village in Advance, North Carolina, formerly of Dayton, Ohio and Delray Beach, Florida, died January 14, 2003 at Bermuda Village Health Center. Mr. Becher was born December 26, 1912 in Dayton, Ohio. He graduated from Steele High School in Dayton and Ohio Wesleyan University, where he was affiliated with Sigma Chi Fraternity. Mr.
Becher retired as President and CEO of Andrew Plocher Sons Co. in Dayton after 32 years of service. He is a member of Fairmont Presbyterian Church in Dayton, Ohio; a member of Masonic Order 734; Jester Shrine; and was formerly President of Dayton Builders Association in Dayton; President of Sycamore Creek Country Club; and President of the Kiwanis Club in Oakwood, Ohio. On October 3, 1936, he was married to the former Ruth Miller, who survives him at the home. Also surviving are son, F.
James Becher, Jr. and wife, Betty, of Winston-Salem, North Carolina; daughter-in-law, Judy R. Becher of Dayton, Ohio; sister-in-law, Florence M. Rickard of Kettering, Ohio; grandchildren, Paige Becher Langston and husband, John, of Goldsboro, North Carolina, Kristin Becher Frankum and husband, Charles, of Denver, Colorado, Drew Becher of Chicago, Illinois, Clayton Becher of Dallas, Texas; and great-grandchildren, John Langston, Catherine Langston and Grayson Langston. His son, David Andrew Becher, precedes Mr.
Becher in death. In lieu of flowers, memorials may be directed to the charity of your choice. Funeral services will be on Friday, January 17 at 2:00 P.M. at Woodland Mausoleum in Dayton, Ohio with Rev. Randy Terry officiating.
Vogler Sons Funeral Home in Clemmons, North Carolina and Routsong Funeral Home, Oakwood Avenue, Dayton, Ohio will be assisting with arrangements. Condolences may be sent to the family via the website at www.routsong.com. BORNS, Patricia P. Age 75, of Dayton, died Tuesday, January 14, 2003 at the Hospice of Dayton. She was a nurse in the Maternity Ward at Good Samaritan Hospital for 30 years.
Preceded in death by her husband Paul, "Pete" Borns, daughter Becki Murphy and brother Larry Vagedes. Survived by 4 sons Steve and wife Debby of Huntertown, IN, and their children: Daniel, Joseph and Abigail, Patrick a and wife Adele of Miamisburg, and their son Alex. Chris and wife Debbie of Kettering and their sons: John and Andy. Peter and wife Laura of Olmsted Township, OH, and their children: Benjamin, Kristen, Aaron and Katie. 2 daughters Tina and husband Mike Bitzer of Owenton, KY, and their daughter Colleen.
Vikki and husband Andy RebholzofWest Chester, OH, and their children: Bridget and Brian. She is also survived by a brother, Marv (Barb) Vagedes of Wilminton, NC, and a sister Jeanine (Ray) Kremer of Coldwater, OH as well as many nieces, nephews, relatives and friends. Mass of Christian Burial 10:00 A.M. Saturday at the Church of the Ascension Catholic Church, 2025 Woodman Ave. by Father Jim Hoffbauer.
Interment Miami Valley Memory Gardens. Friends may call Friday from 6 to 8P.M. at Baker-Hazel Funeral Home, 5555 Philadelphia Dr. at N. Main St.
Contributions may be made to the Hospice of Dayton in her memory. www. ry.www.bakerhazelfuneralhome.com BRINKMAN, Rosemary M. Age 84, of Dayton, died Wednesday, January 15,2003 at the Maria Joseph Living Care Center. She was born in Lima, Ohio on February 4, 1918 to Dolph and Sarah (Jones) Helsel.
She was married to Richard L. Brinkman, and he survives. Also surviving are her children and their spouses, Barbara and Elmer Barlage and Richard and Judith Brinkman 4 grandchildren; 9 great-grandchildren. She was preceded indeath by her parents and by a brother, Eugene Helsel. A Mass of Christian Burial will be held at 9:30 A.M.
on Friday, January 17, 2003 at the Chapel of Maria Joseph Living Care Center, 4830 Salem in Dayton. Burial will be in Calvary Cemetery, Dayton. Friends may call at the Chapel 1 hour prior to the Mass. In lieu of flowers, the family requests donations to Alzheimer's Association, 3797 Summit Glen Suite 100, Dayton, OH 45449. WALTER-GETTS FUNERAL HOME, Dayton, Ohio 1 is in charge of the arrangements.
CAVERLEE, Betty Marie age 77 passed away Saturday, January 11, 2003 at her home. She is survived by Charles, her loving husband of 55 years; sons Larry Caverlee of Arcanum, Dan and wife Sharon Caverlee of Greenville; daughters Joyce and husband Gene Wetzel of Arcanum, Pam Neitzelt of Pleasant Hill and Cheryl Jones of Dayton; 8 grandchildren and 9 great grandchildren; brother Vincent Lam of Dayton. Funeral services will be Thursday at Newcomer-Farley Funeral Home 3940 Kettering Blvd. Family will receive friends from 11:00 pm at the funeral home prior to service. Rev.
Greg Hyre officiating. In lieu of flowers contributions may be made to Hos-. pice of Darke and Mercer Counties and Castine Church of the Brethren. Obituaries continued on B7.
