Phil Cherner, the lawyer for former Avon real estate agent, Mark Mogul - who is accused of stealing from time-share sales, has asked a judge to dismiss the criminal charges against Mogul. This request for dismissal is based on the outcome of the civil case against Mogul filed by the alleged victims. This is the latest occurence in a dishoveled case.

Mogul, 44, faces a five-day trial on theft charges beginning next March 20. He is charged with two counts of theft where he is accused of keeping $351,000 from time-share sales from Crescent Club Investors and Crescent Club Holdings in Edwards. Since his arrest, Mogul has been out on a $50,000 bond.

In June 2003, Mogul pleaded guilty to stealing the money - a class four felony theft charge. Mogul agreed to pay Crescent Club Investors and Crescent Club Holdings $7,900 a month until all the money was paid off. Eagle County Judge Fred Gannett accepted the plea.

In November 2003, District Judge Richard Hart rejected Mogul's plea agreement because Mogul's victims were against the deal. Consequently Mogul was set to enter an embezzlement case in which Mogul pleaded not guilty.

In March 2004, a new plea was offered by District Attorney Mark Hurlbert that included payment of the full restitution ($351,000) up front, and a deferred sentence on the felony charge. This meant the criminal charge would be removed four years after the restitution was fully paid. Mogul rejected this plea.

Cherner argues that Mogul can't be punished twice for the same felony. Cherner says, "In our view, (the civil case) was a criminal proceeding because of the damages (the judge) awarded. They got a judgment using a criminal statute."

Mogul was arrested on theft charges in August 2002. According to court records, the alleged illegal transactions began in August 2001. Mogul, who was a partner of Avon, was suppose to keep the money from the time share sales in an escrow account, before turning it over to the time share owners. However the owners never saw that mone as Mogul. Mogul has claimed that he used the money to pay the company's debts.

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