Tony Erpenbeck did not return calls requesting comment. Menne said the bank would transfer $424,000 into the same Erpenbeck Co. account in which $33 million in diverted checks was deposited over two years. The men discussed ways to pacify the property owners, who they said were mulling a class-action lawsuit. Finnan and Menne decide to pay $40,000 to one of the property owners to quell the discontent.
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Well keep this guy quiet today and let him get on with his life so that hopefully the others keep quiet, Menne said. On the tape, Finnan orders an assistant to call the man and tell him the payment is coming even though we havent quite figured out what the problem is on the lot is still on our mortgage. Menne assured Bill Erpenbeck that he told John Bonar, an attorney representing the Peoples Bank board, that the seven unpaid construction loans issued by Peoples Bank were paid.
I said, John, I just want you to know, I checked our records, and we definitely have gotten paid for the seven lots. And he said, Oh, thats great. Thanks. I said, Well, thank you for keeping me informed. See ya. And that was it. So he he didnt ask for any other validation of anything. He was just happy to hear that wed gotten paid, Menne said. Within two months, homeowners did join forces and sue the bank, Erpenbeck and others to get liens removed.
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Attorneys Stanley Chesley and Brandon Voelker succeeded in getting all the liens removed through a negotiated settlement before the case went to trial. Richard Goldberg, an attorney representing Finnan, said Monday that loans were made in 2002 to Bill Erpenbeck based on Erpenbecks past performance covering overdrafts and, eventually, the cosigning of Tony Erpenbeck on the loans. At some point during these overdrafts, not only did they get collateral but they got Tony Erpenbeck cosigning a loan.