SARASOTA — A man accused of defrauding several local investors on a failed residential development off Mill Creek Road in Manatee County was released from jail Friday morning and his arraignment was continued.
There were no charges filed against 55-year-old Mark Brivik by prosecutors, according to attorneys.
When charges are filed a new date for arraignment will be set where Brivik will enter a plea, said Assistant State Attorney Guy Flowers.
“We want to reach the right decision before the charges are filed,” Flowers said.
Authorities say Brivik lied about an option to buy a tract needed for the proposed River Meadows subdivision and misled seven men into investing more than $4 million in the project.
Dan Dannheisser, Brivik’s attorney, said he doesn’t believe there is enough evidence in the case to file charges against his client.
“From the evidence I have reviewed, I don’t think the evidence supports any criminal charges,” he said.
Brivik faces two types of charges including fraud and security violations, he said.
Dannheisser said the statute of limitations bars his client from facing fraud charges and Brivik’s conduct doesn’t constitute a security transaction violation according to the U.S. Supreme Court.
A judge lowered Brivik’s bail amount to $100,000 from $230,000 allowing him to bond out Friday.