2 brothers accused of using foundation company to defraud families of over $170,000

Robert Berry, Preston Stephens facing several felony charges

Courtesy: Bexar County Jail

SAN ANTONIO – Two local business owners, who police said are also brothers, were arrested after a yearlong investigation into their company revealed they were defrauding families of promised foundation work and then either never started or finished the job.

The Selma Police Department identified the brothers as Robert Berry, 48, and Preston Stephens, 31, who own A&J Foundation & Construction company.

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An investigation into Berry and Stephens' practices started in September 2017 when a 67-year-old man filed a fraud report against the company. The man told police he gave Berry a down payment of $11,655 in attempt to build an addition to his home.

The man said Berry cashed the check the next day but he never started any work. When he asked about the holdup, Berry told him he had filed for bankruptcy. The man was told his money would be returned and was given a number for Berry's attorney, according to an arrest affidavit.

SPD detectives said in the affidavit that the number provided for Berry's attorney was researched and later found to be "bogus."

During the investigation, detectives found the company was being sued by two families who shared similar stories.

A 69-year-old woman told detectives she gave $35,500 to Berry and Stephens, with another man telling police he paid them $22,500.

In May 2018, a woman -- who police said is older than 65 -- told detectives she was defrauded of $101,300 by the brothers in 2016. The woman said she relied on Stephen's and Berry's knowledge when they told her she needed serious home repairs, according to the affidavit.

The brothers are now being charged with theft of $150,000 or more of the elderly, money laundering and exploiting elderly individuals.


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