Court upholds $2.2 million award
A 2005 federal jury award against former Kalispell businessman Dick Dasen Sr. has been upheld by the 9th U.S. Circuit Court of Appeals.
The court on Tuesday unanimously rejected Dasen's appeal of the $2.2 million that was awarded to a woman who said that Dasen sexually assaulted her when she was 16.
Dasen was convicted in May 2005 of multiple criminal sex charges in Flathead County and soon after was sued.
"It's been a long and hard-fought battle but we feel like justice has prevailed and we are very happy and sort of relieved that the court of appeals agreed with us," said Monte Beck, a Bozeman attorney who represents the woman.
Beck said Dasen sought to overturn the punitive damage award based on a closing argument comment, but the appeals court said in its brief ruling that the reference was not a basis for overturning the award.
After a weeklong trial in December 2005, a federal jury in Missoula awarded the young woman $2 million in punitive damages and $200,000 in compensatory damages for counseling and other costs.
"Collection of the award has been difficult," Beck said. "We are, however, making progress in collecting on assets that were allegedly fraudulently transferred to some of Dasen's family members and former business partners."
In 2006, Beck's client filed a second lawsuit against Dasen, family members and former business partners, alleging the fraudulent transfer of assets to avoid paying damages. At the time, Beck estimated that more than $6 million had "disappeared."
Soon after, Dasen was forced into involuntary bankruptcy by his former companies and his criminal defense attorney. That effectively stopped the fraud case in state court, forcing Beck and his client to pursue her damage claims through the bankruptcy court.
"Our same allegations are being pursued in the bankruptcy court. We are making some success," Beck said, noting that an injunction was secured to halt the transfer of assets.
About $1 million has been recovered, he said, but that money is being held in a bankruptcy estate and has yet to be distributed.
The lawsuit filed by Beck's client charged that Dasen "used his status of age, wealth and position to coerce and entice" her, preying on her youth and poverty to induce her into sexual acts in exchange for money.
The plaintiff, who was 19 at the time of the 2005 civil case, said Dasen sexually assaulted her when she and a 15-year-old girl agreed to "make out" with each other for him in exchange for money. She and her friend reportedly were paid $2,500.
The encounter went beyond the girls entertaining him, she said. It involved sexual contact with Dasen to which she did not agree.
The criminal charges Dasen was convicted of involved incidents with multiple women and girls over a period of several years. Police said Dasen spent millions of dollars on sex.
Dasen was convicted of sexual abuse of children, promotion of prostitution and four counts of prostitution and was sentenced to 20 years in the Montana State Prison, with all but two years suspended.
He served his time and was released in May 2007 and has since relocated to the Phoenix area under the probation supervision of Arizona.
Over the years, Dasen's extensive business and community involvement in the Flathead Valley included Budget Finance, Peak Development Inc., the Outlaw Inn, City Service, Arrowhead Construction, Ashley Square, Southfield Tower, First National Banks in Whitefish and Eureka, Christian Counseling Service, Big Mountain and BankWest.
About 20 women and girls also were convicted of prostitution related to Dasen's case.
Reporter Jim Mann may be reached at 758-4407 or by e-mail at jmann@dailyinterlake.com