IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Action No. 11-cr-355-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WAUNITA WEINGART,

2. JOHN PHILLIP GALLEGOS,

3. ALOIS CRAIG WEINGART,

Defendants.

GOVERNMENT’S NOTICE OF INTENT TO INTRODUCE FED. R. EVID. 404(b)

EVIDENCE AT TRIAL

The United States of America, by and through United States Attorney John F. Walsh

and Assistant United States Attorneys Linda Kaufman and Martha Paluch, hereby gives

notice of its intent to introduce evidence pursuant to Fed.R.Evid. 404(b) at trial. The

general nature of such evidence is set forth below.

1. The Rule 404(b) evidence relating to the September 22, 2000 loan for 430

E. 6 Avenue, Denver, Colorado is as follows: th

a. On or about September 22, 2000, John Phillip Gallegos obtained a

loan for the purchase of a residence located at 430 E. 6 Avenue, Denver, Colorado

th

80203. On his application for the loan, John Gallegos gave the false social security 1

The government has referred to this loan by Loan Code “6th-1" in materials 1

previously provided as discovery, and intends to introduce evidence about it other than

that described here which is inextricably intertwined with the evidence of the charged

scheme, and thus not Rule 404(b) evidence.

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Case No. 1:11-cr-00355-MSK Document 133 filed 08/27/12 USDC Colorado pg 1 of 9
number 007-36-6055. As part of the application process, he also submitted a Form W-9

Request for Taxpayer Identification Number and Certification, on which he verified that

social security number 007-36-6055 was his, when it was not. Waun Weingart’s name

appeared as interviewer for G-4 Holding, LLC on the loan application. The loan was

obtained from G-4 Holding Company and immediately assigned to Flagstar Bank. Craig

A. Weingart acted as notary on the assignment of the deed of trust to Flagstar Bank.

b. John Gallegos subsequentlyobtained several other loans to refinance

his property at 430 E. 6 Avenue, Denver, Colorado, namely a loan made to him on th

September 22, 2000 by Stonecreek Financing, a loan on June 25, 2001 by Peoples’

Choice Home Loans, a loan on July 11, 2001 by Matrix Financial Services, two loans on

November 11, 2001 by CBSK Financial Group, Inc., dba American Home Loans, and a

loan on December 20, 2011 by Bridge Capital Corp. The September 22, 2000 loan to 2

Flagstar Bank was never paid off. Instead, monthly payments were made on that loan

through May 2008 with funds drawn on accounts held in the name of Colorado County and

Community Title, accounts held in the name of Craig and Waun Weingart and accounts

held in the name of John Gallegos. The fact that payments were made on the Flagstar

Bank loan is offered as Rule 404(b) evidence because it shows that this loan was not paid

off. Evidence that these payments were made is inextricably intertwined with the evidence

showing the defendants’ use of funds derived from the charged scheme.

c. On the Schedule F-Creditors Holding Unsecured Non-Priority Claims

filed in his bankruptcy proceeding in the District of Arizona in July 2009, John Gallegos,

The government has referred to these subsequent loans by Loan Codes “6th-2",

2

“6th-3", “6th-4", “6th-5-A”, “6th-5-B”, and “6th-6", respectively.

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Case No. 1:11-cr-00355-MSK Document 133 filed 08/27/12 USDC Colorado pg 2 of 9
in connection with the loan he had obtained on September 22, 2000 for 430 E. 6 Ave, th

Denver, Colorado listed Flagstar Bank as a creditor holding an unsecured non-priority

claim. The fact that John Gallegos listed Flagstar Bank as a creditor holding an unsecured

non-priority claim is offered as Rule 404(b) evidence because it is an admission that the

loan was not paid off as of July 2009, and that the creditor was unsecured. Evidence that

this debt was listed on Gallegos’ Schedule F is inextricably intertwined with the evidence

relevant to the charged scheme because it appears within the same document.

2. The Rule 404(b) evidence relating to the November 30, 2001 loans for 430

E. 6 Avenue, Denver, Colorado is as follows: th

a. On or about November 30, 2001, John Gallegos obtained first and

second mortgage loans to refinance his property at 430 E. 6 Avenue, Denver, Colorado. th

The loans were obtained from CBSK Financial Group, Inc., dba American Home Loans.3

Waun Weingart’s name appeared as interviewer for G-4 Holding Company, LLC. On his

loan application for the first mortgage, John Gallegos gave the false social security number

007-36-6055. On that loan application, he also falsely represented that he owned 422 E.

6 Avenue, Denver, Colorado, when he did not, and that he had a liability to Flagstar Bank

th

associated with 422 E. 6 Avenue, when he did not. That liability from Flagstar Bank was th

actually associated with the prior outstanding mortgage which he had obtained on

September 22, 2000 in connection with his purchase of 430 E. 6 Avenue, Denver, th

Colorado. The promissory notes for Gallegos’ November 30, 2001 refinancing of 430 W.

The government has referred to these loans by Loan Codes “6th-5-A” and “6th- 3

5-B” in materials previously provided as discovery, and intends to introduce evidence

about them other than that described here which is inextricably intertwined withe the

evidence of the charged scheme, and thus not Rule 404(b) evidence.

3

Case No. 1:11-cr-00355-MSK Document 133 filed 08/27/12 USDC Colorado pg 3 of 9
6 Avenue bear the forged certifications of John R. Eisenhauer; the deeds of trust bear the th

forged certifications and notarizations of John R. Eisenhauer.

b. John Gallegos subsequently obtained a loan on December 20, 2001

to refinance 430 E. 6 Avenue, Denver , the CBSK mortgages described above were th 3

never paid off. Instead, monthly payments were made on the CBSK loans through May

2008 with funds drawn on accounts held in the name of John Gallegos, accounts held in

the name of Colorado County and Community Title, accounts held in the name of Craig

and Waun Weingart, and an account held in the name of Waun Weingart. The fact that

payments were made on the CBSK loans is offered as Rule 404(b) evidence because it

shows that these loans were not paid off. Evidence that these payments were made is

inextricably intertwined with the evidence showing the defendants’ use of funds derived

from the charged scheme.

c. On his Schedule F - Creditors Holding Unsecured Non-Priority Claims

filed in bankruptcy proceedings in the District of Arizona in July 2009, John Gallegos, in

connection with the loan he had obtained on November 30, 2001 for 430 E. 6 Ave., th

Denver, Colorado listed Ocwen Loan Servicing, LLC and Wilshire Credit as creditors

holding unsecured non-priority claims. The fact that John Gallegos listed Ocwen Loan

Servicing and Wilshire Credit as creditors holding unsecured non-priority claims is offered

as Rule 404(b) evidence because it is an admission that the loans were not paid off as of

July 2009, and that the creditors were unsecured. Evidence that these debts were listed

on Gallegos’ Schedule F is inextricably intertwined with the evidence relevant to the

The government has referred to this loan by Loan Code “6th-6" in materials 3

previously provided as discovery.

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Case No. 1:11-cr-00355-MSK Document 133 filed 08/27/12 USDC Colorado pg 4 of 9
charged scheme because it appears within the same document.

3. The Rule 404(b) evidence relating to the April 8, 2005 loan for 7603

California Avenue SW, Seattle, Washington is as follows:

a. On or about April 8, 2005, John Phillip Gallegos obtained a loan from

Washington Mutual Bank to refinance his property at 7603 California Avenue SW, Seattle,

Washington; which he had purchased on July 19, 2001. On his application, Gallegos 4

falsely represented that he owned property located at 2523 W. 45 Ave., Seattle, th

Washington; 20 Whistler Pine Way, Vancouver, Washington; 666 Sunrise Place, Phoenix,

Arizona; 2122 W. 44 Place, Seattle, Washington; 575 Pennsylvania, Denver, Colorado; th

571 Pennsylvania, Denver, Colorado; 569 Pennsylvania, Denver, Colorado; 563

Pennsylvania, Denver, Colorado; 561 Pennsylvania, Denver, Colorado; and 1302Sherman

Denver, Colorado. As part of the application process, he also falsely represented that he

had outstanding mortgages against those properties, all listed as liabilities on his

application, when he did not. Those liabilities were actually associated with outstanding

mortgages he had on his properties at 141 Lost Angel Road, Boulder, Colorado and 430

E. 6 Avenue, Denver, Colorado. 

th

b. John Gallegos subsequently obtained several other loans to

refinance his property at 7603 California SW, Seattle, Washington, namely, loans made

to him on October 12, 2007 by Countrywide Home Loans, January 22, 2008 by Bank of

America, and January 2008 by Bank of America. The April 8, 2005 loan by Washington

The government has referred to this loan by Loan Code “Calif-3" in materials 4

previously provided as discovery, and intends to introduce evidence about it other than

that described here which is inextricably intertwined with the evidence of the charged

scheme, and thus not Rule 404(b) evidence.

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Case No. 1:11-cr-00355-MSK Document 133 filed 08/27/12 USDC Colorado pg 5 of 9
Mutual Bank was never paid off. Instead, monthly payments were made on that loan

through May 2008 with funds drawn on bank accounts held in the name of John Gallegos

and a bank account held in the name of Waun and Craig Weingart. The fact that payments

were made on the Washington Mutual Bank loan is offered as Rule 404(b) evidence

because it shows that this loan was not paid off. Evidence that these payments were made

is inextricably intertwined with the evidence showing the defendants’ use of funds derived

from the charged scheme. 

c. On his Schedule F - Creditors Holding Unsecured Non-Priority Claims

filed in his bankruptcy proceeding in the District of Arizona in July 2009, John Gallegos, in

connection with the loan he had obtained on April 8, 2005 for 7603 California SW, Seattle,

Washington, listed Washington Mutual as a creditor holding an unsecured non-priority

claim. The fact that John Gallegos listed Washington Mutual as a creditor holding an

unsecured non-priority claim is offered as Rule 404(b) evidence because it is an admission

that the loan was not paid off as of July 2009, and that the creditor was unsecured.

Evidence that this debt was listed on Gallegos’ Schedule F is inextricably intertwined with

the evidence relevant to the charged scheme because it appears within the same

document.

4. The Rule 404(b) evidence relating to the January 23, 2008 loan for 7603

California Avenue SW, Seattle, Washington is as follows:

a. On or about January 22, 2008, John P. Gallegos obtained a loan from

Bank of America to refinance his property at 7603 California Avenue SW, Seattle,

6

Case No. 1:11-cr-00355-MSK Document 133 filed 08/27/12 USDC Colorado pg 6 of 9
Washington. As part of the application process, and on his application, Gallegos falsely 5

represented that he owned property located at 581 Pennseyvaina, 561 Pennseyvaina,

1302 Sherman Street, 20 Whistler Pine Way, 575 Pennseylvaina St., and 563

Pennseyvaina Avenue. He also falsely represented that he had outstanding mortgages

6

against those properties, all listed as liabilities on his loan application, when he did not.

Those liabilities were actually associated with outstanding mortgages he had against his

properties at 141 Lost Angel Road, Boulder, Colorado, and 430 E. 6 Avenue, Denver, th

Colorado. Real Estate Title served as settlement agent at the closing. The loan proceeds

were not used to pay off any of the prior outstanding mortgages against the California

Avenue SW property.

b. On his Schedule F - Creditors Holding Unsecured Non-Priority Claims

filed in his bankruptcy proceeding in the District of Arizona in July 2009, John Gallegos, in

connection with the loan he had obtained on January 22, 2008 for 7603 California SW,

Seattle, Washington, listed Bank of America as a creditor holding an unsecured nonpriority claim. The fact that John Gallegos listed Bank of America as a creditor holding an

unsecured non-priority claim is offered as Rule 404(b) evidence because it is an admission

that the loan was not paid off as of July 2009, and that the creditor was unsecured.

Evidence that this debt was listed on Gallegos’ Schedule F is inextricably intertwined with

the evidence relevant to the charged scheme because it appears within the same

The government has referred to this loan by Loan Code “Calif-5" in materials 5

previously provided as discovery, and intends to introduce evidence other than that

described here which is inextricably intertwined with the evidence of the charged

scheme, and thus not Rule 404(b) evidence.

These are the spellings as they appeared on the loan application. 6

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Case No. 1:11-cr-00355-MSK Document 133 filed 08/27/12 USDC Colorado pg 7 of 9
document.

Respectfully submitted this 27th day of August, 2012.

JOHN F. WALSH

United States Attorney

By: s/ Linda Kaufman 

Linda Kaufman

Assistant United States Attorney

1225 Seventeenth Street, Suite 700

Denver, Colorado 80202

Telephone: (303) 454-0100

Facsimile: (303) 454-0404

E-mail: Linda.Kaufman@usdoj.gov

By: s/ Martha Paluch 

Martha Paluch

Assistant United States Attorney

1225 Seventeenth Street, Suite 700

Denver, Colorado 80202

Telephone: (303) 454-0100

Facsimile: (303) 454-0404

E-mail: Martha.Paluch@usdoj.gov

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Case No. 1:11-cr-00355-MSK Document 133 filed 08/27/12 USDC Colorado pg 8 of 9
CERTIFICATE OF SERVICE

I certify that on this 27 day of August, 2012, I electronically filed the foregoing

th

GOVERNMENT’S NOTICE OF INTENT TO INTRODUCE FED. R. EVID. 404(b)

EVIDENCE AT TRIAL with the Clerk of the Court using the CM/ECF system which will

send notification of such filing to the following e-mail addresses:

Martin Adam Stuart

E-mail: martinstuartlaw@solucian.com

William Lewis Taylor

E-mail: wltaylorpc@gmail.com

Paula M. Ray

E-mail: paulamray@earthlnk.net

 

By: s/ Solange Reigel 

SOLANGE REIGEL

Legal Assistant to AUSA Linda Kaufman

United States Attorney’s Office

1225 - 17 Street, Suite 700 th

Denver, CO 80202

Telephone: (303) 454-0244

Fax: (303) 454-0402

E-mail: solange.reigel@usdoj.gov

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Case No. 1:11-cr-00355-MSK Document 133 filed 08/27/12 USDC Colorado pg 9 of 9