Case # 14CF3709
Date: November 3, 2014
CONTRACTOR CHARGED WITH MISAPPROPRIATION OF PUBLIC FUNDS BY FALSIFYING INVOICES FOR MORE THAN $130,000 AGAINST THE COUNTY AND EMBEZZLING MORE THAN $440,000 AGAINST EMPLOYER
SANTA ANA – A county contractor was arraigned today on charges of misappropriation of public funds by falsifying invoices for more than $130,000 submitted to the county for reimbursement and embezzling more than $440,000 by making unauthorized payments with his company’s credit card. Brian Cleveland Dunn, 61, Capistrano Beach, is charged with one felony count of misappropriation of public funds and one felony count of grand theft by embezzlement, with sentencing enhancements of aggravated white collar crime, property damage, and property loss. If convicted, Dunn faces a maximum sentence of 11 years and four months in state prison. He is out of custody on $200,000 bail and is scheduled for pre-trial on Nov. 20, 2014, in Department C-57, Central Justice Center, Santa Ana.
Vintage Marina Partners (VMP) is a company that manages a portion of the Dana Point Harbor called the Commercial Core. In 2004, Dunn was working as VMP’s General Manager. In 2008, he started up a new company called Organic Tree to purchase landscaping materials for county projects.
Between 2008 and 2012, Dunn is accused of purchasing landscaping materials and marking up the price of his purchases by 100 percent. He is accused of submitting and overbilling the County for over $130,000.
Between 2007 and 2011, the defendant is accused of making unauthorized payments using VMP’s company credit card on personal expenses costing over $400,000. Dunn is accused of making unauthorized purchases on clothing, travel, and improvements to his home in Hawaii.
Senior Deputy District Attorney Brett Brian of the Special Prosecutions Unit is prosecuting this case.