DEL MAR — A convicted con artist accused of defrauding an investor of $250,000 will have to stand trial on an identity theft charge, a San Diego Superior Court judge ruled Sept. 24.
After binding over Gary Paul Wilson on a single count of using the personal identification information of another, Judge Timothy Casserly increased Wilson’s bail by $1 million to $2 million.
When questioned about the bail increase by Wilson’s attorney, Herb Weston, Casserly cited the defendant’s prior conviction for the same charge in 2004 out of Orange County as part of his reason.
Prosecutors allege Wilson used a forwarded e-mail from a highly respected law firm to lure real estate developer Donald Oster into his scheme.
Oster testified he was reassured in his decision to go forward with the “high risk investment” because Wilson said the Billy Graham Association was investing $5 million into the defendant’s company, NBA-E, and that Wilson had the law firm Latham and Watkins in his corner as evidenced by the two forwarded e-mails, which Wilson altered, from the law firm.
Additionally, Oster testified he thought he and Wilson were friends. He said Wilson had planned to buy one of his houses listed for more than $6 million.
Oster testified he gave a $250,000 cashier’s check to Wilson.
Steven Chinowksy, a partner with Latham and Wilson whose e-mail address and name were used in the e-mails shown to Oster, testified he never sent the e-mails to Wilson.
Sheriff’s Detective Stephen Litwin testified he viewed a surveillance photo of Wilson and another woman depositing the check into their bank account. Litwin said a bank representative informed him that Wilson was the primary account holder.
Outside the courtroom, Deputy District Attorney Anna Winn said the woman who was a secondary on the bank account was not charged, nor was she involved in Wilson’s scheme.
A bail review and arraignment hearing, at which time a trial date may be set, was scheduled for Oct. 8.