Once-absent defendant pleads not guilty

A 50-year-old Moorpark, Calif., man pleaded not guilty Thursday in Flathead District Court to a felony charge of deceptive practices.

Brian Spencer initially was arrested while disembarking from a plane in California and is currently out on  $15,000 bond he paid on Aug. 29. A bench warrant was issued for his arrest last week after he failed to appear for an arraignment hearing. That warrant was rescinded when he appeared Thursday.

A court document alleges the victim was building a house and having trouble with his general contractor when he was told by Spencer’s sister, with whom he had attended school, that Spencer was a contractor and she could put them in contact with one another.

After the victim and Spencer spoke over the phone, Spencer visited to look at the project, gave the victim a proposal and told the victim he could save him a lot of money.

The document stated that once the two agreed that Spencer and his company, Spencer Restoration and Remediation, would complete the job, Spencer returned to California. He again contacted the victim on July 13, 2010, asking for $5,000 to cover the expenses of a Montana business license, contractor license and workman’s compensation insurance.

The victim sent the check to Spencer, who cashed it in South Dakota, but the document alleges neither Spencer nor his workers ever showed up. A later check by the victim allegedly determined that Spencer never paid for any of the licenses or fees.

The victim them contacted the person who had endorsed the check, who told the victim he would have Spencer return the money, but nothing was ever returned.

The court document states that the victim determined Spencer was not an officer or member of Spencer Restoration and that it was not a legitimate business “but was being used to hide assets from creditors, and that there were outstanding judgments and tax liens against Brian Spencer in the state of California.”

If convicted, Spencer faces up to 10 years in prison and a fine of up to $50,000, as well as having to pay any necessary restitution.

District Judge Katherine Curtis reminded Spencer, an Olympian on the 1984 U.S. men’s field hockey team, that allowing him to return to California between his hearings was an accommodation and that he needed to make sure he didn’t miss any future hearings.

His next hearing is set for Feb. 13, 2013.