State v. Ms. N (DMC No. 16283) – Felony Embezzlement ($240,000 Misappropriated from Landscape Company), Felony Fraudulent Schemes & Felony Theft – Not Charged – Glendale Police Department Investigated (DR No. 20XX–XXXXX3) & Maricopa County Attorney’s Office “Declined Charges”.
Ms. N had been employed by a local company for over 24 years when she was terminated and accused of using her position as the Chief Financial Officer to Embezzle money from the company. Ms. N retained us after having been interviewed by the company regarding the accusations and by local law enforcement with the Glendale Police Department.
Immediately after being retained, the Pre-Charge, met and took action. We immediately sent a Trebus letter to the Maricopa County Attorney’s Office notifying them of our representation. We also ordered a copy of the Police report through a Public Records Request. After having a detailed meeting with the client regarding the accusations, we prepared and sent a scanned and notarized Invocation of Constitutional Rights to the Detective assigned to the matter. We reached out to the Detective to speak about the charges. During this call we learned from the Detective that the company was most interested in getting their money back.
After the call with the Detective, we reached out to the business (the alleged victim), and spoke with them as to whether a Civil Resolution could be ascertained. After being put in contact with the company’s Attorney, negotiation began immediately regarding whether a civil resolution was possible. During the discussion with the company’s counsel, it was discovered the alleged loss amount was approximately $240,000. After multiple months of negotiation with counsel for the company, we learned that the case had been submitted by the Detective to the Maricopa County Attorney’s Office for review. Upon learning this, we immediately reached out to the assigned Attorney and advised of our continued and ongoing negotiation with the company to try to clear up this misunderstanding.
After a tremendous amount of time in negotiation with the company, we ultimately settled for a return of a small percentage of the money alleged to be lost. As a result of the Civil Settlement, the Maricopa County Attorney’s Office “declined to file charges” against Ms. N. Ultimately, had Ms. N been charged with theft of over $100,000, pursuant to ARS 13-1802(H) Ms. N would have faced a mandatory Sentence in the Department of Corrections of anywhere between 3 and 12 1/2 years.