Dale Robert Enck, the Buena Vista attorney who was arrested last year on charges including theft from an at-risk victim, pled guilty to that charge in October.
Enck’s sentence and judgement was deferred for four years, according to sentencing documents from El Paso County Combined Courts dated Oct. 1.
Enck was also disbarred in August last year.
According to the plea agreement, Enck’s sentence for the class 3 felony of theft from an at-risk victim, will be deferred until September of 2024.
The plea agreement reads, “the case will remain open, but that the usual next step in the proceedings, namely the judge’s imposing a sentence and entering a judgement declaring (the defendant) to be convicted, will not be taken, as long as I (Dale Enck) comply with the following conditions.”
The conditions listed in the document include stipulations that Enck violate no federal, state, or criminal law, must notify the court of any change of address, must obtain permission from a supervisor to leave the county or state and pay restitution costs, among other probationary requirements.
Enck could move for an early termination of the deferred sentence if all of his probation conditions have been met and his probation officer has also moved for early termination of supervision, the stipulation agreement says.
Another class 3 felony charge of criminal exploitation of an at-risk person was dismissed by the district attorney.
The sentence order by El Paso County Combined Court judge includes $3,808.50 in assessed fines and costs.
According to a Colorado Supreme Court document, Enck’s disbarment took effect Aug. 28 after a disciplinary judge approved a conditional admission of misconduct.
In January of 2020, Enck was arrested by Colorado Springs Police on charges of Crimes Against At-Risk Person, a class 3 felony, Crimes Against At-Risk Person-Theft, Position of Trust, a class 4 felony, Identity Theft, a class 4 felony and Theft, a class four felony, according to a probable cause affidavit.
The affidavit states that in August, Colorado Springs Police Department was contacted by a security analyst from the Credit Union of Colorado who said that approximately $100,000 in checks had been written from the account of a 91-year-old Colorado Springs woman by her Power of Attorney, Enck.
The woman is considered an at-risk elder due to her age, and her name was redacted from the affidavit.
The Credit Union of Colorado is also listed as a victim in the affidavit.
The analyst told investigators that the woman’s credit card had payments to Disneyland Resort and charges made in California.
The woman’s bank account was down to $16,000, according to the affidavit.
Dedra Worley, the detective with Colorado Spring Police Department’s financial crimes, who submitted the affidavit, said that she investigated the victim’s credit card statements and found that the card’s available credit was $21,500 in Dec. 2018.
“By May 2019 the available credit on (redacted) credit card was down to $3,029.66,” she wrote. In that time, charges made to the victim’s card were made in Woodland Park, Buena Vista, Anaheim, Calif. and Texas.
“In these statements, 12 transactions totaling $15,780 specifically list Dale R. Enck in the ‘Description of Transaction or Credit,’” Worley said.
In a September interview with the victim described in Worley’s affidavit, the victim told the detective she allowed Enck to use the money he needed “but did not think he would take it all.”
The victim told Worley “she originally selected Mr. Enck as her Power of Attorney because he is family and an attorney.”
During the interview, in which Worley characterized the victim as being “very guarded,” she “would not directly state Mr. Enck had taken her money.”
On the day of the interview, Worley said she was notified by an email from the victim’s adult daughter that Enck’s authority as Power of Attorney had been revoked.
Worley said the revocation document “specifically states (redacted) told Mr. Enck that he could withdraw money ‘for his personal use if he needed to,’” but that expenses Enck made were not acceptable needs.
The document also states that Enck at no time informed the victim of these expenses or provided anything in writing regarding the amounts he withdrew.
The document alleges that these expenses included ‘investments in the stock market, family cruises, Ms. Carol Enck’s (his wife) PERA retirement service credits, the opening of a retail store, remodeling of their home, their children’s education and associated expenses and their daughter’s Disneyland wedding,” Worley said.
Worley said that the victim’s son is now her financial Power of Attorney and her daughter is her medical Power of Attorney.
Worley found that in October 2017, an Insured Money Management account was opened with a deposit of $26,403.98 with funds withdrawn from the victim’s account. By January of 2019, the account had grown to approximately $63,505.27.
In February of 2019, Enck authorized a wire transfer from this account to an account under his name, signing the Credit Union of Colorado request for wire transfer form as “Dale Enck POA.”
Worley said that Adult Protective Services has requested Enck provide documentation of how he spent the victim’s money, but Enck failed to provide this documentation.