Young victim accuses Dasen of fraud
Girl says former Kalispell businessman transferred assets to avoid paying judgment
A girl who was awarded $2.2 million in damages against Kalispell businessman Dick Dasen for sexual assault and battery has filed a new suit, accusing him, his family, and business partners of fraud.
The girl, publicly identified only by initials T.E.F., sued Dasen in May 2004, saying he sexually assaulted her when she was 16. In December 2005, a federal jury in Missoula awarded her $200,000 in compensatory damages and $2 million in punitive damages.
Now, she claims, Dasen has transferred his assets to others to avoid paying damages to her and others who have sued him.
Dasen was convicted of prostitution and other sex crimes by a Flathead County jury last spring and is currently serving a two-year sentence without parole at Montana State Prison.
Filed in Flathead District Court, the new suit names Dasen, his wife; a daughter, son-in-law, and grandchild; businesses Dasen Co., Budget Finance, Flathead Title Co., Peak Development LLP, Folco Development Corp. in Florida, and Winter Sports, Inc.; and former business partners Dennis Green, Chuck Vernon, Dave Tonjum, Nate Tonjum, Dave Waatti, and Matt Waatti. There are also several unnamed defendants.
The suit alleges that after another teenage girl filed suit against Dasen in 2004, he "began to systematically transfer, sell or hide his substantial assets, all with the intent to hinder, delay and prevent collection of any civil judgment that would likely be rendered against him."
In April 2005, an attorney for T.E.F. took a deposition from Dasen "where it was learned that Dasen was quickly selling, transferring and disposing substantial multi-million-dollar assets for less than fair market value."
The U.S. District Court issued an injunction, stopping further sales.
T.E.F.'s suit says that Dasen Co. is "the alter ego" of Dasen. He used the company for transactions of his private affairs without regard to its separate legal status, according to the suit. Budget Finance is also an "alter ego" of Dasen and Dasen Co., in the same way, it alleges.
The two companies are owned or are partially owned by Dasen, his wife, and/or Dennis Green, and hold assets that would be able to pay T.E.F. the jury judgment, according to the suit filed by Bozeman attorney Monte Beck.
Among the allegations are that Dasen, his wife Susan, Green, and other officers and shareholders of Dasen Co. favored certain creditor investors of the business, paying back their investments in Budget Finance. During Dasen's criminal trial, it was alleged that he used funds from Budget Finance to make some of the payments to women with whom he had sex for money. Kalispell Police have said those payments totaled several million dollars.
The suit alleges that Dasen and Green unnecessarily bought out certain investors in Budget Finance in order to deplete Dasen's assets.
Dasen transferred assets at less than market value to Vernon; to the Tonjums and Waattis in businesses known as Peak Development, City Service, 3D and 5A; his family; and others, the suit alleges.
Dasen was once a millionaire who has testified that he is now destitute.
U.S. Magistrate Bart Erickson, who presided over the sexual assault and battery suit in federal court, must decide whether the $2.2 million judgment awarded by the jury is appropriate. He can reduce the amount if he finds it excessive.
Dasen still faces other civil lawsuits that allege business and personal misconduct. The Montana Department of Revenue has also filed an action in court, claiming that Dasen owes $786,000 in unpaid state income taxes, penalties, and interest from 2004, exposing his property to seizure by the government.
Dasen remains at Montana State Prison.
A story circulated this week that he was beaten in the prison by a man who knows some of the women Dasen was convicted of paying for sex.
Public Information Officer Bob Anez of the Department of Corrections said he can't confirm that.
Warden Mike Mahoney has not seen any incident reports involving Dasen, Anez said Thursday.