Prosecution of adoption attorney to proceed

Publish Date: 5/24/2008

Prosecution of adoption attorney to proceed

By Pierrette J. Shields
Longmont Times-Call

BOULDER — A Boulder County judge on Friday rejected a defense attorney’s argument that a felony theft charge against his client accused of bilking money from a couple hoping to adopt a Guatemalan child is merely a civil contract dispute.

Boulder County Judge Care Hoye Enichen on Friday ruled that former Erie Trustee Lisa Novak can be prosecuted for felony theft.

Novak was arrested in March and is facing theft and fraud charges stemming from her work as an adoption attorney. Several couples complained to police and the Boulder County District Attorney’s Office that they paid her for help to adopt children from outside the United States.

Prosecutors believe Novak used her position in the now-defunct Claar Foundation to take more than $20,000 from a Westminster couple without providing the services to adopt a child from Guatemala. Jaspal Singh on Monday testified that he and his wife struggled with the Claar Foundation and ultimately adopted a boy from the orphanage. However, he said, they paid fees to adopt a girl that were never applied to the adoption.

Novak’s attorney, Lance Goff, argued that Novak was not liable for the problems as an agent of the foundation and that police and prosecutors have no proof she personally took the money.

Enichen said an organization employee can be held criminally liable and “cannot hide behind the corporate shield” for actions taken on behalf of the organization under state law.

Novak is scheduled to return to court for arraignment June