Peter T. Dvorak, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Monroe Circuit Court Trial Court Cause No.
53C02-1506-FC-540 The Honorable Marc R. Kellams, Judge
Attorneys for Appellant Thomas W. Farlow Darren A. Craig
Jenai M. Brackett Indianapolis, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana James B. Martin Deputy Attorney General
Peter Dvorak appeals the trial court's denial of his
motion to dismiss charges of Class C felony offer or sale of
an unregistered security and Class C felony acting as an
unregistered agent. We reverse and remand.
Dvorak raises one issue, which we restate as whether the
trial court properly denied his motion to dismiss charges
based on the statute of limitations.
In June 2015, the State charged Dvorak with Count I, Class C
felony offer or sale of an unregistered security, and Count
II, Class C felony acting as an unregistered agent. The State
[O]n or about July 9, 2007 in Monroe County, State of
Indiana, Peter T. Dvorak did knowingly offer or sell a
security that was not registered, was not exempt under I.C.
23-19-2-1 and I.C. 23-19-2-2 of the Indiana Securities Act,
or was not a federal covered security, to-wit: Peter T.
Dvorak offered or sold a Promissory Note and an Agreement to
Lend and Borrow Money to Todd Wahl that were not registered
with the Indiana Secretary of State's Office, Securities
Division, as required by law. I.C. 23-2-1-3 (2007) and I.C.
Additionally, Peter T. Dvorak concealed his true actions from
Todd Wahl by structuring the Promissory Note and Agreement to
Lend and Borrow Money so that they did not mature until July
9, 2010; therefore, Todd Wahl would not know that the
investment was not valid until July 9, 2010. Further, Dvorak
concealed his actions from the State of Indiana by offering
and selling the security while not registered with the
Indiana Secretary of State. Because the security was not
registered and because Dvorak was not registered to offer or
sell securities, he kept himself out of the purview of both
law enforcement and industry regulators. These offenses could