Repairman who left
job to serve 10 years

The illegal contractor faced probation
until he missed a court date

An unlicensed contractor who abandoned a job after a customer had paid him $42,500 to do home repairs was sentenced to 10 years in prison and ordered to pay restitution.

Henry Leo Kaiser pleaded guilty a year ago to first-degree theft and unlicensed activity, and was facing probation.

But Circuit Judge Steven Alm reversed his earlier inclination to sentence Kaiser to probation, and gave him the maximum term on Aug. 29.

Deputy Attorney General Joanne Ha'o said Kaiser had a fair shot at probation, but failed to show up for sentencing on Nov. 22.

Defense attorney Shawn Luiz said his client didn't intend to miss his sentencing, but lost track of the date after his car got towed on the day he pleaded guilty last September.

The court issued a warrant for Kaiser's arrest, and he was picked up in July.

Ha'o had argued for 10 years and restitution.

She said Kaiser was on notice in September 2001, when the Department of Commerce and Consumer Affairs prohibited him from engaging in unlicensed contracting activity.

Despite the court order, Kaiser led the homeowner to believe he was licensed, offering to do work from November 2001 to February 2002, she said.

Kaiser maintained that he was operating under an exception to licensing requirements. He pleaded guilty as charged in September.

"I think justice was more suited to have him pay back the money than to incarcerate him," said Luiz, who questioned how the homeowner is going to be repaid now that Kaiser is going to prison.

Before he was sentenced, Kaiser said he was no longer going to be involved in contracting, because he is now doing a lot of volunteer work for churches and training horses.

Acting Attorney General Lisa Ginoza said the case highlights the serious problem of unlicensed contractors. "Kaiser had hurt other innocent people and was permanently enjoined from engaging unlicensed contractor work, yet he continued to do so and committed felony theft," she said in a statement.

The state had obtained the injunction against Kaiser in 1999 after two homeowners filed complaints with the Department of Commerce and Consumer Affairs. Kaiser had entered into contractual agreements with the homeowners in July and September 1997, was paid but failed to perform or complete the job.

The 1999 court order ordered Kaiser to cease his activities and pay the victims $33,000 in civil penalties and $10,000 in restitution.