FLAGLER COUNTY, Fla. – A pair of real estate agents behind bars in Flagler County are accused in what Volusia Sheriff Mike Chitwood called an elaborate scam targeting an Ormond Beach couple looking to sell their properties, leading to one of the victim’s deaths after one of the agents signed a do-not-resuscitate order (DNR) on their behalf.
Jason Valiant, 45, of Palm Coast, was arrested Thursday night by Flagler deputies on an out-of-county warrant for charges including an organized scheme to defraud, exploitation of an elderly or disabled adult, grand theft over $100,000, grand theft of a vehicle, criminal use of personal ID information and illegal use of credit cards, Chitwood said on social media.
69-year-old Constance Kellner, another real estate agent, is named in Valiant’s affidavit. According to Chitwood, the Palm Coast woman faces two charges of accessory after the fact.
Kellner is accused of working with Valiant as a witness to form signings and of accompanying Valiant during later interviews with investigators, activities allegedly taken to help exploit 64-year-old Daniel Farley and 61-year-old Emmett Mood, the latter of whom died on July 2 after being taken off life support.
“The investigation showed that she had full knowledge of Valiant’s scheme,” Chitwood said of Kellner.
The date of July 2 was noted by investigators as the day after Valiant completed Mood’s DNR form process.
Kellner was arrested Friday in Flagler County, also on an out-of-county warrant.
Valiant’s affidavit is comprised of more than a dozen pages detailing allegations he stole $18,825 from Farley and Mood’s bank accounts — yet was unsuccessful in attempts to take another $14,000 when suspicions arose at the bank — willed their home and two other properties to himself, used Mood’s credit card for such purchases as gas, food and drink, vehicle detailing, legal fees and teeth whitening, and used their Dodge Ram pickup truck as if it was his.
The 3 properties Valiant acquired after the victim’s death totaled $1.6 million, according to property appraiser valuations. Two of the properties were oceanfront Flagler Beach parcels that Valiant and another (real estate agent), Constance Kellner, spoke of developing into a large condo complex or hotel.
Volusia County Sheriff Mike Chitwood on Facebook (excerpt)
The Florida Department of Children and Families (DCF) began investigating Valiant on June 20 after receiving a report that Farley and Mood were possible victims of elder exploitation.
Farley had been admitted to the hospital on May 28 and Mood was admitted to the same hospital on June 2, the latter of whom became extremely ill, according to the affidavit. The report received by DCF stated that in the couple’s absence, Valiant worked to take possession of their assets.
Investigators said Valiant’s girlfriend told them of conversations she heard between Valiant and Kellner which dealt in dreams of developing the couple’s land for their own gain.
(The girlfriend) stated over the past year she was occasionally party to conversations between Valiant and Kellner, whereby the two real estate agents talked of developing Mood’s Flagler Beach properties, which are prime ocean front land. In the conversations, Valiant and Kellner spoke of being the principal developers of Mood’s property and building either a large condominium complex or a multi-story hotel on the property and doing so by “cutting Mood out of the deal” and marketing the property themselves to a large development company. (The girlfriend) stated Valiant often told her this was a once in a lifetime chance to retire early, and said he would name the project, “Valiant Towers”.
Volusia Sheriff's Office non-arrest affidavit of Jason Valiant (excerpt)
Among what the girlfriend told investigators, she reported Valiant to the Department of Business and Professional Regulation after suspecting he was presenting lowball offers from fictitious buyers to Mood in what she described as attempts to make him willingly sell one of his properties to “Trusted Experts Network LLC” — a company listed under Valiant’s name — well under fair market value.
Valiant was able to sign a DNR form for Mood after agreeing to serve as health care surrogate to him and Farley, the affidavit states. Though hospital staff reportedly attempted to reach Farley’s brother to serve in the role for his part, he declined at the time, citing he lived several states away.
Hospital records were uncovered which showed Valiant on June 9 arrived at the hospital with Kellner and a notary public to execute the power of attorney forms (POA) for Farley and Mood, designating him as health care surrogate and as having POA authority for all affairs and decisions — fiduciary and otherwise — on behalf of the two.
Kellner at one point accompanied Valiant to an interview with a DCF investigator, during which she allegedly slapped Valiant’s leg — reportedly telling him, “Don’t say that” — after Valiant said that Mood’s health had deteriorated to the point he could no longer make his own decisions, the affidavit states. After Kellner was then asked to leave the room, the investigator pressed Valiant on how Mood could have knowingly signed notarized documents in spite of the health conditions Valiant claimed. Valiant could not answer the question, according to the affidavit.
(The investigator) continued by questioning why Mood would sign over the deeds to his properties and transfer every asset he possessed to Valiant, a real estate agent with no personal relationship to him, and not his partner of 30 plus years. Additionally, she reminded Valiant that he had just stated the sole purpose of the POA’s over Mood and Farley were to have access to their bank accounts to help them pay bills, not to transfer Mood’s properties into his name. Valiant’s only response was to state everything was done by an attorney and was legal. Valiant then advised he did not wish to answer any additional questions, and he got up and left the room.
Volusia Sheriff's Office non-arrest affidavit of Jason Valiant (excerpt)
Valiant is being held on a $375,000 bond while Kellner is being held on $25,000 bond, records show.
Thanks to our Volusia Sheriff’s Office fraud unit, Valiant is now in custody for his elaborate scam on this couple who originally hired him to sell their property.
Unfortunately, they chose a wolf in sheep’s clothing who saw an opportunity to make himself rich.
Volusia County Sheriff Mike Chitwood on Facebook (excerpt)
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