SANTA ANA – The Orange County District Attorney’s office charged 61-year-old Brian Cleveland Dunn of Capistrano Beach with two felony counts on Nov. 3, alleging he illegally sought reimbursements from county officials and embezzling more than $440,000 by using a company credit card to make unauthorized payments.
Dunn pleaded not guilty to one felony count of misappropriation of public funds and to one felony count of grand theft by embezzlement. With sentencing enhancements of aggravated white collar crime, property damage and property loss attached to the felony counts, Dunn could reportedly face up to 11 years and four months in state prison if he is convicted of charges.
Dunn is currently out of custody on $200,000 bail, according to the Orange County District Attorney’s office.
The Nov. 3 arraignment was held in Department C-57 of the Orange County Central Justice Center in Santa Ana. Dunn is expected back in the same courtroom on Nov. 20 for a pre-trial hearing.
In 2004, Dunn became the general manager of Vintage Marina Partners, a company responsible for managing the commercial core of Dana Point Harbor. Four years later, the District Attorney’s office reported he founded Organic Tree, a company purchasing landscaping materials for the county.
As a contractor for Orange County, Dunn allegedly misappropriated public funds by falsifying invoices for more than $130,000. The falsified invoices were submitted to county officials for reimbursements, according to the District Attorney’s office.
Between 2008 and 2012, Dunn is accused of “purchasing landscaping materials and marking up the price of his purchase by 100 percent.” He is accused of overbilling more than $130,000.
Dunn, who is represented by Defense Attorney Gary M. Pohlson, has also been accused of making about $440,000 worth of unauthorized payments on a Vintage Marina Partners credit card between 2007 and 2011 for personal expenses. The District Attorney’s office contends Dunn used the credit card on clothing, improvements to a home in Hawaii and travel.
Prosecuting the case on behalf of the state is Senior Deputy District Attorney Brett Brian of the Special Prosecutions Unit.
Vintage Marina Partners manages Embarcadero Marina at Dana Point Harbor, as well as Channel Islands Harbor Marina and Vintage Marina in Ventura County.