Second Judical District
201 W, Colfax Ave, Dept. 801
Denver, CO 80202
December 10, 2019 Contact: Carolyn Tyler, Communications Director, firstname.lastname@example.org, 720-913-9025
DENVER—Denver District Attorney Beth McCann today announced that that a Denver Grand Jury has indicted Erik Osborn (age 52) and Joseph O’Rourke (age 60) on several felony theft counts, with Osborn being accused of violating the Colorado Organized Crime Control Act.
The indictment alleges that between November 5, 2015 and November 13, 2019, Osborn owned and operated two construction companies, Oxbo Services LLC and Ozzco Construction LLC, and in that capacity Osborn contacted with homeowners and business owners to act as the general contractor on their construction projects. Osborn requested and obtained money from homeowners and business owners which was to be held in trust for the purpose of paying employees, subcontractors, consultants, or for materials.
As alleged in the indictment, Osborn with assistance of O’Rourke, used the homeowners’ or business owners’ funds for their own personal benefit, to pay off debts unrelated to the projects, or to pay off personal and/or civil judgements, leaving several subcontractors or material providers unpaid. When the subcontractors could not receive payment of their invoices from Osborn, they demanded payment from the homeowners or business owners or filed mechanic liens. This resulted in the homeowners or business owners having to pay additional funds to satisfy the subcontractors’ claims and mechanic liens.
During this period, Osborn was on probation for prior economic crimes (case numbers 08CR10008 and 09CR10396). The terms of his probation prohibited him from doing any of what he is now accused including opening bank accounts; controlling any assets, funds or financial information of any individual, group or business; or acting as a fiduciary for any persons groups, trusts or legal entities.
Erik Osborn’s case number is 19CR15441 and he is scheduled for arraignment on December 19, 2019 at 8:30 a.m. in courtroom 5D. Joseph O’Rourke’s case number is 19CR15442 and he is scheduled for arraignment on January 30, 2020 at 8:30 a.m. in courtroom 5D.
|The filing of a criminal charge is merely a formal accusation that an individual(s) committed a crime(s) under Colorado laws. A defendant is presumed innocent until and unless proven guilty. See Colo. RPC 3.6