Case # 14CF3709
Date: December 4, 2015
CONTRACTOR SENTENCED FOR 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, Calif. – A county contractor was convicted and sentenced yesterday for 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, 63, Capistrano Beach, pleaded guilty to the court to 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. Prior to today’s plea, Dunn paid $132,787 restitution to the County and was sentenced to one year in jail, three years formal probation, and ordered to pay restitution to his employer.
Vintage Marina Partners (VMP) is a company that manages a portion of the Dana Point Harbor called the Commercial Core. In 2004, Dunn worked 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 purchased landscaping materials and marked up the price of his purchases by as much as 100 percent. He submitted and overbilled the County for over $130,000.
Between 2007 and 2011, the defendant made unauthorized payments using VMP’s company credit card on personal expenses costing over $400,000. Dunn made unauthorized purchases on clothing, travel, and improvements to his home in Hawaii.
Senior Deputy District Attorney Brett Brian of the Special Prosecutions Unit prosecuted this case.