Man charged with grand theft of elder Saratogan
By Kara Chalmers
A former Illinois attorney, who had been living with a client in Saratoga, is in the Santa Clara County Main Jail, accused of stealing some $1.3 million from that client--and possibly more.
On Sept. 14, at the Federal Bureau of Investigation's headquarters in San Jose, Santa Clara County Sheriff's Detective Sgt. Karen Burgess arrested Rory O'Brian, 43. O'Brian is charged with three counts of forgery, and one count each of elder fraud, credit card fraud and grand theft.
O'Brian was being held on $250,000 bail, but bail was recently increased to $1.3 million to ensure O'Brian will appear in court, according to Sgt. Luther Pugh. Before, the amount was not enough of a guarantee, Pugh said. On Oct. 4, O'Brian is scheduled to enter his plea.
O'Brian operated Advanced Technologies International, DOME Holdings and Zenith Ventures Corporation. He used his ventures to transfer funds from his 75-year-old client's business, Cybersoft, to his business without the client's knowledge. The sheriff's have traced $1.3 million, and they say O'Brian might have also stolen an additional $1 million from the client.
The FBI is involved in the case since O'Brian's businesses were incorporated in Nevada. Therefore, the case crosses state lines.
Another attorney, a friend of the victim, referred the client from Saratoga to O'Brian, according to Pugh.
"The suspect was very knowledgeable about corporate law," Pugh said, adding that the victim is also knowledgeable, but wanted some legal and financial guidance.
The suspect befriended the victim over the two years, especially once the suspect began staying with the victim. The suspect had access to everything in the house, including the mail. When his checks began to not clear, the client realized his money market, business, checking and savings accounts had been drained. He called the sheriff's office, which tracked down O'Brian when he leased a car through a local leasing agency.
Sheriff's detectives and FBI agents began leaving voice mails on O'Brian's cell phone. FBI Special Agent Manny Alvarez asked O'Brian to come down to FBI headquarters to discuss charges of fraud. During the interview, Burgess made the decision to place O'Brian under arrest.
Since the arrest has been publicized, the Sheriff's Department has received emails and faxes from other alleged victims outside Santa Clara County, including Vancouver, British Columbia in Canada, Belfast, Ireland, and Reno, Nev. The people and corporations say they did business with one of O'Brian's companies.
"Those cases that are out of state and that have no connection to the county, we've been passing on to the FBI," Pugh said.
The FBI and the sheriff's office are continuing the investigation. Anyone with any information regarding the case can call Burgess at 408.867.9715 x251. Information can also be emailed by visiting the sheriff's office website at www.sccsheriff.org.
At the time of O'Brian's arrest, he was out on bail for a separate embezzlement, grand theft and perjury case in Sacramento County, which has been going on for a couple of years. The case involves several clients and the amount in question is some $100,000, Pugh said.
In Illinois, O'Brian is either inactive or disbarred, Pugh said. O'Brian is not registered with the state bar association in California.
O'Brian could end up in state prison for the sheriff's charges, and federal prison if he is charged and convicted of money laundering.
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Saratoga, California Since 1955
