A lawsuit brought by the late Nancy Pfister’s daughter for alleged restraint and extortion by a prominent Aspen law firm and other defendants is due to be tried by jury in November.
Pitkin County District Judge Chris Seldin has ruled the trial for no more than seven days this week; It’s slated to begin November 8th, with Juliana Pfister battling Aspen attorney Andy Hecht and his son Nikos, law firm Garfield & Hecht PC, and real estate investor Steve Hansen in a lawsuit over two property sales previously owned by Members of were the Pfister family. Six jurors and two deputies are selected for the jury.
During a pre-negotiation conference held practically on Tuesday, Seldin urged parties on both sides to refine their arguments in advance of the trial, which was originally scheduled to take place November 8-24, the day before Thanksgiving.
“Find out,” said Seldin. “Cut off your cases. You have two transactions that essentially remain in dispute in this case. It is not realistic to take 10 days on the district court calendar and ask a jury of eight jurors because I will have two deputies to sacrifice their Thanksgiving week to hear your case. “
Pfister’s attorneys are suing under the Colorado Organized Crime Control Act. The lawsuit, filed in November 2016, assumes that Andy Hecht ran a business to defraud the Pfister family for millions of dollars through a series of real estate deals involving his business partners and son. Juliana Pfister is suing as the heir to her family fortune.
The lawsuit alleges that Hecht used his powers as the Pfister family’s attorney and trustee to facilitate transactions in which he sold his clients’ real estate to members of his company – including Nikos Hecht and Hansen – at below market value . Hecht’s attorney Ron Garfield was also named as a defendant, but was officially removed from the case on Tuesday.
The original lawsuit targeted nine real estate transactions as questionable. Now two transactions remain controversial.
One concerns a deal in 2005 when Andy Hecht allegedly sold the Pfister family’s private retreat above the Ruedi reservoir – known as Woods Lakes property – to Nikos Hecht for $ 800,000. That happened when another offer of between $ 2 million and $ 3 million was on the table, claims Juliana Pfister’s legal department.
Hecht’s lawyers argued that the Pfister family rejected the higher offer because they wanted to package the sale of Pfisters’ Katie Reed building in downtown Aspen, also to Nikos Hecht, in such a way that they would have a “more efficient tax structure”.
A similar transaction is also in dispute over the sale of Nancy Pfister’s two properties in the Maroon Creek Club, which Juliana Pfister’s lawyers claim were sold below market value to Nikos Hecht and Hansen.
There are outstanding issues ahead of Seldin prior to trial, including requests from the defense for summary judgment. However, the judge said the parties should be ready for trial.
“While it is possible that the problems arising from these summary motions could be narrowed down, you should all continue to assume that you are preparing for the trial on schedule,” said Seldin.
The defendants have denied the allegations and alleged that the real estate transactions were carried out appropriately and with the consent of the Pfister family. And if not, Juliana Pfister is not authorized to assert such claims as she was not directly affected.
“You have a plaintiff who has no personal knowledge of any part of her claims, and she is suing transactions that took place as a child that she was not involved in,” argued Michael Robertson, attorney for Andy Hecht, during the week’s pre-negotiation conference. “Her mother and grandfather were the two main parties who carried out these transactions.”
Defense attorneys also said that Nancy Pfister, Juliana’s late mother, led a lifestyle that was not aimed at keeping a clear picture of her personal finances and assets. This resulted in an unconventional style of financial reporting and transaction disclosure to Nancy Pfister via Andy Hecht.
“Nancy Pfister, it’s on file, it’s not controversial, she’s had substance abuse problems; She lived a lifestyle in which she traveled a lot and a typical form of bookkeeping was impractical, in consultation with the Hecht family.
New York attorney Ron Rossi, who represents Juliana Pfister, countered that Hecht was changing his story to do justice to his defense.
“Now, for the first time, he testifies in a summary judgment that Nancy Pfister – and frankly, disparaging a person who is no longer here to defend their own name or reputation – has had such a drug problem all her life that he (Andy Hecht) has set up a reporting system in which he informs Betty Pfister, then informs Betty Pfister Nancy Pfister and then Nancy Pfister withdraws her consent either expressly or tacitly, ”he said. “There are many questions the jury has to answer regarding Andy Hecht’s credibility just to get Ms. Pfister’s approval of Transactions 46 and 47 (Maroon Creek Lots).”
Robertson argued that Hecht’s affidavits, along with other testimony to support his testimony, were sufficient cause for the judge to dismiss the lawsuit on the basis of a summary judgment.
Judge Seldin stated that the three Pfisters who are key characters in the lawsuit – Art, Betty and Nancy – are no longer alive and cannot address their business relationship with Andy Hecht. As such, the judge said he could not dismiss claims based on affidavits by one of the defendants.
“There is no one today who can make an affidavit to revoke Andrew Hecht’s affidavit because Art, Betty, and Nancy have all passed away, so there is no way for them to make an affidavit that matches Andrew Hecht’s testimony contradicts, “said Seldin. “These affidavits (by Hecht) are selfish and cannot serve as a basis for a summary judgment.”
Art and Betty Pfister helped develop the Buttermilk Ski Area and the Maroon Creek Club. Art Pfister died in March 2007; Betty Pfister, who also had an eventful career in aviation and as a pilot in World War II, died in November 2011. Both are anchored in the Aspen Hall of Fame.
Nancy Pfister was murdered in her West Buttermilk home in February 2014; Juliana Pfister is now in her mid-30s.
Seldin expressed confidence that a jury can be selected even if the media coverage prior to the trial and the names of the plaintiff and defendants are known locally.
“At this point, regardless of the fact that some of the people in the case are well known in the community, I have no real concern about choosing a jury and frankly receiving opening statements in one day,” he said.
rcarroll@aspentimes.com
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source https://www.bisayanews.com/2021/09/30/november-jury-trial-set-over-pfister-hecht-real-estate-flap/
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