Buena Vista Attorney Dale Enck was arrested late last month by Colorado Springs Police on four felony charges related to allegations that he stole thousands of dollars from an at-risk person over which he had Power of Attorney in 2019.
According to the probable cause affidavit submitted to El Paso County District Courts on Jan. 27, Enck was charged with 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.
Bond was set at $25,000.
The affidavit states that in August, CSPD 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.
Dale Enck was contracted as the prosecuting attorney for the Town of Buena Vista’s municipal court from 2008 until December 2019.
The town began advertising an opening for the contracted position in November last year, BV town administrator Phillip Puckett said. The contract was awarded to Lisa Scanga late last month.
Puckett said the town had planned to have Enck transition Scanga into the role through February. Following news of Enck’s arrest, Scanga took over the role immediately, he said.
Enck was also the town attorney, an appointed position, from 2004 to 2008.
Dedra Worley, the detective with CSPD’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.
In a text message conversation between Enck and Worley described in the affidavit, Enck told Worley that the victim had approved him to use her money and that current income from retirement and social security should sustain her, and said that he would pay the victim back over the next five years.
Worley said that Enck contacted her on Jan. 27 to tell her that he and his wife would be selling their home at the end of February and that he would repay the victim using his portion of the sale, which he said would be $100,000.
Enck told Worley that he owed the victim $150,000 in total and “would continue to work to make up the difference.”
Enck served on the Buena Vista school district’s board of directors for two terms from 2009 to 2017.