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July 17, 2020
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 45 Theft Reduced, 47N Embezzlement Victories, Case Victories

State v. Ms. W (DMC No. 15290)

Ms. W worked for the Hayden Police Department in Gila County. She was in charge of taking cash pertaining to vehicle impounds, issuing receipts and releasing the vehicles. The Hayden Police Department alleged that money from 30 Impound Hearings, at $150 each, were missing and there were no receipts. All 30 of these impound fees were paid in cash by various citizens, totaling $4,500.

According to detectives, various witnesses claimed that they were told by Ms. W that they must pay in cash. Ultimately, a warrant was issued for charges regarding 8 Counts of Fraudulent Schemes and Artifices. After we were retained, we had the warrant quashed and had the case set to a Case Management Conference. After speaking with the Prosecutor on the case, we informed them that they did not have the following information which would be necessary for a successful prosecution: no clean copy of the Authorization for Release of Impound Vehicle covering the section of the towing and charging checkbox area; no copies of the tow sheets and citations for two particular cases; no copy of the citation in one of the departmental reports; and no copy of the Authorization for Release of Impound Vehicles without Post-it notes covering up vital information. Ultimately, the Prosecutor filed a Motion to Dismiss without Prejudice regarding these charges, which left Ms. W. with a clean record.

July 17, 2020
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47F Money Laundering (State Charge) Victories, 600 Drug Crimes Victories, 82A Possession/Paraphernalia Dismissals, Case Victories

State v. Mr. K (DMC No. 14721)

Mr. K was driving on the I-40 when a Mohave County Sheriff’s Deputy stated that he was following a truck too closely. He also claimed he was traveling 80 in a 70 miles per hour zone. After Mr. K was pulled over, the Deputy had a dog circle his vehicle. The Deputy claimed the dog alerted to drugs. Eventually, Mr. K stated he had money in the car. As the Deputy began searching the car, he was about to cut off the locks to a toolbox when Mr. K said “you can’t do that.“ A search warrant was never obtained because they couldn’t get one at that time.

Once the locks were cut off the toolbox, $20,000 in cash was found inside. Mr. K told Officers that it was investors’ money for dirt bikes that were in San Diego. After the locks were cut, Mr. K asked multiple times “is this legal.” Because the money was all twenty-dollar bills wrapped in Ziploc baggies, Mr. K was arrested for Money Laundering and Possession of Drug Paraphernalia. When Officers began questioning him, he stated “do I need a lawyer because I don’t want to incriminate myself.” He also said “I believe I should talk to a lawyer.” However, Officers continued to question him relentlessly.

We ultimately filed a Motion to Dismiss for both Illegal Search and Seizure, and Violation of Right to Counsel. These Motions were filed on September 21, 2017.  By October 10, 2017, the Prosecutor filed a Motion to Dismiss all charges.

July 17, 2020
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 47F Money Laundering (State Charge) Victories, Case Victories

State v. Mr. C (DMC No. 13744)

Mr. C was followed for approximately 5 to 10 miles by a DPS Officer on the freeway when he was pulled over for allegedly following an RV too closely. When stopped, he was immediately asked if there were any drugs, guns, or money in his car. Mr. C was an African-American, and immediately became suspicious of the Officer. The Officer then had a drug sniffing dog walk around the car which alerted to the presence of drugs.

Once the vehicle was searched, no drugs or drug paraphernalia was found in the car. However, Mr. C. was asked about money and he said there was a bag with $164,000 in cash inside of his car. He explained to the Officer that that money was going to be used to build a house for his mother. When asked about ledgers in the car, he explained that those had to do with contractors and who were to be paid pertaining to the building of the house. Mr. C was not from Arizona, however, he was arriving in Arizona in order to meet with the people who were going to be building the house. He and his passenger were arrested and Mr. C was charged with three Class 3 felonies: Money Laundering, Illegal Control of an Enterprise (State RICO), and Conspiracy.

After we filed our Notice of Appearance, we then began speaking to the Prosecutor prior to the Preliminary Hearing. The Prosecutor ultimately agreed that there was not enough evidence to proceed with the charges and they were all dismissed prior to the Status Conference/Preliminary Hearing. Approximately 4 months later, the Attorney General’s Office filed a Notice of Forfeiture for the $164,000. After a review of the 844-page police report, Mr. C decided he did not wish to contest the Forfeiture.

After working with the AG for several months, she decided not to pursue criminal charges and instead proceed only by way of uncontested Forfeiture.

July 17, 2020
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. H. (DMC No. 15354)

Mr. H. was a college student at ASU who lived in the dorms. He had been seeing a young lady casually who lived in a different dorm. About 10:00 at night he went over to this girl’s dorm to help her with her math and drink some “Fireball” whiskey. The girl also used a marijuana wax pen. They eventually began making out, and were engaging in some heavy-petting when her ex-boyfriend texted her saying “she was hot.” At that time, the mood was ruined and Mr. H left to go back to his dorm.

Upon arriving to his dorm, he told his roommate and his roommate’s girlfriend what had happened. They told him to go back over to her dorm room and talk with her about it. At about 1:10 in the morning, he walked back over and knocked on her door. He went inside, and they began making out and engaging in sexual contact. Eventually, the girl said she was “tired,” and Mr. H. got the hint and left her dorm room. The next day, Mr. H. was contacted by an ASU police Detective in order to question him and receive a buccal swab (for DNA testing) from his mouth.

We got involved and were able to secure various text messages that were sent from the girl immediately before and after the alleged Sexual Assault. There was no mention of sexual assault in any of those texts, and the alleged Sexual Assault wasn’t reported until the next day. It was our hypothesis that her recently former boyfriend who texted her that night, had come over later and was upset that she was with Mr. H. We were able to show the Detectives all of the evidence, along with a passed polygraph test, that Mr. H. only engaged in consensual sexual activity with this young lady. Although, he originally was facing a minimum of 10 years in prison, no charges were ever brought against Mr. H.

July 17, 2020
Posted on Author By dmcantor Categories 29 Sexual Assault Reduced, 300 Sex Crime Victories, 400 Theft / Fraud Crime Victories, 47H Robbery: Standard, Aggravated, Armed Robbery Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 66-68 Child/Vulnerable Adult Abuse Victories, 67 Child/Vulnerable Adult Abused Reduced, 69-70A Robbery Victories, 70 Robbery Reduced, 71-72A Kidnapping Victories, 72 Kidnapping Reduced, Case Victories

State v. Mr. S (DMC No. 15064)

Mr. S was a high school student who got involved with two older high school students who sold drugs and had violent dispositions. Mr. S. had received a call from one of the Co-Defendants stating that he had been ripped off by two other kids in a drug deal and wanted Mr. S to go with them in order to “have their back.” At some point prior, Mr. S. provided them with some bullets for a gun he thought they would be shooting in the desert (completely unrelated to the drug robbery). Mr. S. was instructed to convince the two victims to go into the desert to “smoke some weed.”

When all 3 arrived at a predetermined location, the two Co-Defendants jumped out of the bushes and held the two victims at gunpoint and knifepoint. One of the victims was instructed to “suck his dick,” referring to the other victim. Both of them were males. The victims were pleading with the Co-Defendants not to shoot them and not make them participate in that activity, which they were still forced to do.

Mr. S. only stood-by as a lookout, and was not aware that any of that activity was going to be taking place. The two Co-Defendants had a gun and knife, and Mr. S. did not have any weapon on him. The victims were told to urinate on all of their clothing and throw it around the general area. The Defendants then left, and the victims contacted the police. Mr. S. was the only Defendant to cooperate with the authorities. He showed him where the gun was stored and the location of where other items were deposited. This was done with our help. Ultimately, we secured an offer that included no agreements as to sentencing.

One of the Co-Defendants was sentenced to 9 years in prison, and the other was sentenced to 5 years in prison. We presented extensive mitigation to the Court, and we were also able to secure a request for leniency from one of the victims’ mothers. Although the Judge was initially inclined to sentence Mr. S. to prison, or at least 1 year in jail, we were able to convince the Judge to defer all jail time. Mr. S. successfully completed probation, did not do any time in jail, and is currently enrolled in college. Originally, he was facing a potential of life in prison.

July 17, 2020
Posted on Author By dmcantor Categories 1900 Federal Court Victories, 400 Theft / Fraud Crime Victories, 41 White Collar Crime Victories, 43 Fraudulent Schemes Reduced, 47 Miscellaneous Theft/Fraud Victories, 47E Money Laundering (Federal Charge) Victories, 47N Embezzlement Victories, Case Victories

U.S. v. Mr. R (DMC No. 15112)

Mr. R worked for the Swift Transportation Co. as an Information Technology (IT) Network Engineer. He subsequently formed an additional company known as PGN Solutions and began issuing false invoices to Swift Technology. He also secured credit cards from Swift Technology which allowed him to make other purchases. These purchases were disguised because he had claimed an Affiliation with Aspen Technologies (a legitimate contractor with whom Swift conducted a considerable amount of business). Unfortunately, PGN Solutions was merely a shell-company and was never affiliated with Aspen Technologies.

Ultimately, all of these purchases (combined with a tax liability) came to a total of $2,192,000. We were able to show the Prosecution that there had been no Obstruction of Justice by Mr. R., there had been an acceptance of responsibility and there was true remorse. Mr. R. had a family with young children and had also assisted the Sheriff’s Department with remote mountain rescues in the past. Ultimately, we were able to secure a deal that included restitution and 57 months in prison. If we would have gone to Trial and lost, Mr. R. would have faced potentially the rest of life in prison.

July 17, 2020
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 63-65 Homicide Victories, 64 Homicide Reduced, Case Victories

State v. Mr. L (DMC No. 15039)

Mr. L had been suffering from stress-related depression and other mental illness issues. He was in a volatile relationship with his girlfriend and they had often argued. After one of their nights of arguing, he called the next morning and told her that she better come over to his house or he was going to choke her. He then called back again and told her he was going to cut himself and start bleeding if she didn’t come over. Finally, he called back and said he was going to come and find her and choke her.

His girlfriend decided to leave home and drive to work, and while on the way she recognized Mr. L’s vehicle pull up behind her. Eventually his vehicle got in front of her and he swerved at her trying to strike her. He did hit her car and both vehicles ended up falling down a ravine on the side of the road. He then left his vehicle and began choking his girlfriend for approximately 30 seconds until other witnesses ran up and stopped the incident. He was ultimately charged with Attempted 1st Degree Murder and Vehicular Aggravated Assault Dangerous.

After we became involved with the case, we gathered up all the medical records regarding Mr. L’s mental illness. We also had a neuro-psychological evaluation conducted to show that he had ongoing issues which could be successfully treated. After all interviews were completed, a Deviation letter was prepared and sent to Prosecution. Speaking with the Prosecutor, we got him to agree to drop the case down to a Class 6 Undesignated Felony for Endangerment and a Class 6 Undesignated Felony for Aggravated Assault. At sentencing, the Judge only gave two years of probation and did not order any jail time. Initially, Mr. L was facing decades in prison.

July 17, 2020
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 46 Theft Pre-Charge Victories, 47N Embezzlement Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. T (DMC No. 15094)

Ms. T ran an HOA Company which represented many housing developments. She was accused of Embezzling $35,000 from the HOA by transferring funds into a personal account and altering the books. She had 7 people working for her business at the time when she was contacted by a private law firm who indicated they would be seeking Criminal Charges.

Once the pre-charge team became involved with the case, we contacted the private law firm to begin negotiations. In the meantime, they filed a Verified Complaint claiming Damages for Embezzlement by way of Common Law Fraud, Breach of Contract, and Conversion. They had also previously sent a Letter of Demand for an immediate accounting. During negotiations, it was clear that they were going to seek Criminal Charges regarding Embezzlement, Fraud Schemes and Theft. They also indicated that if a Civil Settlement was reached, they would consider the matter to be Non-Criminal and it would be concluded and Ms. T’s involvement would be deemed as poor accounting practices. Ultimately, we reached a Settlement Agreement of a payment of $35,000, and the matter was treated as a Civil Incident versus a Criminal Complaint. No charges were brought against Ms. T.

June 26, 2020
Posted on Author By dmcantor Categories Blog

How Bankruptcy Fraud Works

When dealing with bankruptcy, honesty is always the best policy. Bankruptcy fraud is a broad term, as it is committed through a variety of ways. In most cases, bankruptcy fraud is based on the lies and deceit of the filer, but sometimes the liability falls on other stakeholders. Intent plays a huge role in the matters of bankruptcy. If you failed to provide some financial information my mistake or error, it shall be considered as accidental bankruptcy fraud. If the evidence does not support your claim of being legally insolvent, there is no escaping the harsh consequences.

Bankruptcy fraud is a Federal crime, which is punishable by five years in federal prison and an inevasible fine of up to $250,000. Filing bankruptcy was once seen as a defamed and shameful act that exposed one’s financial vulnerabilities. Following periods of recession and the current pandemic, there has been a massive upsurge in filings. Sadly, a lot of people claiming to be bankrupt are only scheming for personal gains. Somerville NJ Bankruptcy Attorney reveals different ways bankruptcy fraud is being exercised in our society:

Hiding Property

Providing insufficient data, telling white lies, leaving out segments in bankruptcy forms, or falsifying financial information are all identified as hiding your property. This is by far the most common form of bankruptcy fraud. Filers attempt to cover up valuable assets in order to save them from liquidation.

Devaluing Assets

Lying about the true value of possessed property is another way to qualify for the bankruptcy quota and sidestep court orders of auction or distribution. Assets are devalued by creating forged documents or via verbal account. The least you can do is give a fair estimate of the price of every item under your name.

Disposal or Distribution of Assets

Some people sell off their property and transfer money overseas before filing bankruptcy. Others gift their valuable possessions to family members and friends, or transfer ownership in order to exclude these items from the bankruptcy case.

Multiple Filings

Filing in multiple states is another widespread bankruptcy scam. Individuals provide a combination of genuine and fabricated information in different jurisdictions. This allows them to get rid of greater debt and buys them extra time to retain assets.

Petition Mills

Petition mill is a kind of bankruptcy fraud that is instigated by a third party acting as a financial advisor. By promising debtors a solution to eviction, they gather all their financial info and charge a handsome fee. In reality, they secretly file bankruptcy under the filers name, drain all their assets, and ruin credit scores.

Maxing out Credit/taking on major Debt before Filing

Some people believe that it is justified to max out credit cards and take loans (without the intention of paying back) right before filing bankruptcy. Credit card companies and legal authorities are not fools; they will investigate your recent transactions and recognize it as credit card fraud.

Bribing

A number of filers bribe their bankruptcy trustee to obtain favors or approval of their claim. The trustee may utilize his/her power to help their case.

Creditor Fraud

Several creditors like to take advantage of their debtor’s circumstances by filing false claims for payments that were already made.

Embezzlement

Some lawyers, trustees, and other court personnel try to steal money from the filer’s bankruptcy estate.

April 6, 2020
Posted on Author By dmcantor Categories Blog

Driving Tips for Newbies

Cheers to you for obtaining a driver’s license, because this is the beginning to many epic journeys. An independent mode of transportation feels thrilling, but it can make you nervous as well. Keep in mind that your license is merely the ticket to legally drive around; it signifies that you can drive, but does not guarantee that you are an excellent driver. It is no surprise that insurance premiums for newbies are much higher, simply because they are more susceptible to accidents and traffic violations. Car accident attorneys in the U.S give a handful of tips to improve your latest skill and stay safe on the road:

Practice during Idle Hours

The idiom ‘practice makes a man perfect’ is very true. Take your car out after dawn or another time when the roads are not busy. Do this on a daily basis to strengthen your skills and boost your confidence.

Drive with a Companion

After learning to drive with an instructor for a while, you may get the jitters over the thought of driving on your own. Ask another experienced driver, such as a friend or family member to accompany you during the first few tries.

Hold the Steering Wheel correctly

Keep your eyes on the road and hands on the steering wheel at all times. The ideal position for the hands is at 9 o’clock and 3 o’clock.

Adjust your Mirrors

Your rearview mirror should give a clear view of the road behind you. The side mirrors shall also show the adjacent space along the road, rather than the side of your car. You may use the mirrors for other purposes while you’re at a stop, but adjust them properly otherwise.

Always use Indicators

Whether you’re driving on a busy road or an isolated one, make a habit of utilizing your indicator lights. Indicators let fellow drivers know of your upcoming moves and prevent car accidents.

Learn to Park

Parking is one of the most troublesome tasks for a newbie, so prepare for it in advance. Practice reverse and parallel parking over and over again.

Don’t Speed

Going over the speed limit is never acceptable, no matter how good of a driver you are. New drivers should be extra conscious of obeying all traffic laws, in order to maintain their driving privileges.

Keep your Phone off-limits

Texting and driving is one of the leading causes of car crashes involving teens and young adults. Driving is a challenging endeavor, thus it requires the focus of all your senses. No text, call, or notification is worth your life, so keep calm and forget about your phone.

Don’t drive when Tired or Intoxicated

 

DUI/DWI crimes are criminal offences that come with dire consequences. As a newbie, avoid getting behind the wheel, even when you’ve only had a single drink. Similarly, any other party drugs like weed or ecstasy have equally disastrous effects. It is essential to be fully aware of your surroundings when you decide to drive; do not do it if you are exhausted or slightly drowsy.

Give Space

Keep ample distance from other drivers, cyclists, bikers, and pedestrians on the way. Never drive too close in parallel or attempt tailgating during rush hour. In case you met in a car accident, immediately contact Car Accident King for free initial Consultation.

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