Lowell pleads 'no contest'

Randolf Lowell pleaded no contest to two larceny charges during his arraignment in the 23rd Circuit Court Tuesday morning.

The Oscoda man appeared before Circuit Court Judge William Myles during his hearing.

Lowell's attorney Rory Mortimer said his client had entered into a universal plea agreement with the Alcona County Prosecutor's Office. Under the agreement, Lowell pleaded no contest to larceny by conversion over $20,000 and larceny by conversion $1,000 or more but less than $20,000 and will be required to pay restitution within two years.

Mortimer said Lowell will not have to serve jail time if he pays the restitution within that time frame. If he fails to meet his obligation, he will be incarcerated.

"He has an obligation to pay off some debts. The debts are variable at this time. There will have to be an assessment of how many is owed to the alleged victims," he said. "If he takes care of his obligations, he stays out of jail."

Lowell was arrested by the Michigan State Police in June on the charges. Investigators with the MSP, Michigan Department of Treasury Tax Fraud Unit, Michigan Attorney General's Office, Rhode Island Attorney General's Office, FBI and other law enforcement agencies have been involved in the investigation of the case.

The initial investigation revealed Lowell was operating a company called Grey Creek Enterprises in Mikado. He allegedly engaged in a scheme to defraud people from throughout Michigan and across the country out of tens of thousands of dollars.

During the arraignment, Mortimer submitted MSP reports to establish a factual basis for the plea agreement. Myles said the records indicated one individual in Alcona County paid Lowell $8,228.04 in 2004 after signing an agreement toward the construction of a pull barn, while another paid Lowell $32,291 in 2006 after signing an agreement to have a steel building constructed in Ionia County. In both cases, Lowell never completed the work he was contracted to do.

Myles accepted the reports as factual basis for the agreement.

Mortimer said his client pleaded no contest to avoid civil liability because civil lawsuits were anticipated. Prosecutor Thomas Weichel said two civil lawsuits have been filed.

"By pleading no contest, that's not an admission of liability in a civil case. We're trying to give him a fresh start after he makes these restitution payments," Mortimer said.

A sentencing was set for 9:30 a.m. Nov. 18 in circuit court.

Patty Ramus can be reached via e-mail at pramus@thealpenanews.com or by phone at 358-5687.