IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Case No. 11-cr-355-MSK-2

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WAUNITA WEINGART

2. JOHN PHILLIP GALLEGOS

3. ALOIS CRAIG WEINGART,

Defendants.

 ______________________________________ 

SUPPLEMENT TO GOVERNMENT’S OBJECTIONS TO 

PRESENTENCE INVESTIGATION REPORT

______________________________________________________________________

 

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 files its Supplement to the Government’s Objections to Presentence 

Investigation Report.

1. On April 18, 2013, the government filed its objections to the Presentence 

Investigation Report, which addressed, among other things, the defendant’s financial 

condition and his ability to pay restitution. (Doc. 258 at 3-5). This supplement updates 

and clarifies certain information relating to Defendant Gallegos’s assets and ability to 

pay.

2. In April, the government reported that representatives of Flagstar Bank 

and JP Morgan Chase had informed it that they intended to pursue foreclosure actions 

against properties owned by John Gallegos, 430 6th Avenue, Denver, Colorado, and 

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141 Lost Angel Road, Boulder, Colorado, respectively. (Doc. 258 at Paragraph 11). 

Their positions have now changed.

3. On August 14, 2013, government counsel learned the following: On

August 13, the Castle Law Firm, on behalf of Flagstar Bank, filed a Withdrawal of Notice 

of Election and Demand for Sale by Public Trustee in connection with the 6th Avenue 

property, thereby withdrawing its attempt to foreclose on this property. The Castle Law 

Firm further informed the undersigned that it had done so because of title issues related 

to that property. In addition, a representative of Aronowitz and Mecklenberg informed 

the undersigned that it represents JP Morgan Chase with respect to Lost Angel 

property, that there are significant title issues with that property, and that therefore no 

foreclosure proceeding has been initiated. 

4. It should also be noted that although the defendant maintained, as of April 

29, 2013, that to the best of his knowledge, all of his interest in any real estate was 

discharged at the completion of his District of Arizona bankruptcy case, (Doc. 273 at A2), the trustee in that bankruptcy proceeding has confirmed that Mr. Gallegos’ interests 

in the Lost Angel and 6th Avenue properties were not relinquished at the conclusion of 

or as a result of those proceedings. (Exhibit 1).1

Respectfully submitted,

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

 1 The government provided a copy of Exhibit 1 to Defendant Gallegos’ counsel on May 20, 2013.

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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

Attorneys for Government

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CERTIFICATE OF SERVICE

I certify that on this 15th day of August, 2013, I electronically filed the foregoing 

SUPPLEMENT TO GOVERNMENT’S OBJECTIONS TO PRESENTENCE REPORT

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

Darlene Ann Bagley

E-mail: bagley@ridleylaw.com

Paula M. Ray

E-mail: paulamray@earthlnk.net

 

 By: s/ Solange Reigel 

SOLANGE REIGEL

Legal Assistant

United States Attorney's Office

1225 - 17th Street, Suite 700

Denver, CO 80202

Telephone: (303) 454-0244

Fax: (303) 454-0402

E-mail: Solange.Reigel@usdoj.gov

 

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