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July 20, 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. Mr. B (DMC No. 13979)

State v. Mr. B (DMC No. 13979) – Felony Embezzlement ($1,855 Misappropriated from Educational Association), Felony Fraudulent Schemes and Artifices and Felony Theft – Not Charged –Bisbee Police Department Investigated (DR No. B20XX-XXX2).

Mr. B worked for four years in the Cochise County School Superintendent’s Offices as a grants administrator and educational services agency employee. While he was there, he formed a separate Educational Association in which received dues from other County Superintendent Offices. He originally opened an account at Bank of America in order to deposit monies into that account. He collected approximately $1,855 to start this Association.

He then dissolved the Association with the Corporation Commission fairly quickly, He then transferred the remaining money to a different bank’s account and he rolled it into a new private Educational Foundation. He then closed the original B of A account. He was subsequently contacted by the Bisbee Police Department to discuss possible Embezzlement/Fraud Schemes and Thefts allegations.

Mr. B then contacted our office and we immediately made contact with the Cochise County School Superintendent’s Office. We were able to demonstrate that the one Foundation was properly dissolved and that the monies were then rolled into a separate/new Educational Foundation. There was some debate about whether this could legally be done, and we ultimately agreed that Mr. B make the full restitution in exchange to resolve this matter civilly. The County Superintendent’s Office agreed, along with the Bisbee Police Department, and restitution was made in full. No charges were ever brought against Mr. B and he has no criminal record.

July 20, 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, 47P Benefits Fraud Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. T (DMC No. 13272)

State v. Mr. T (DMC No. 13272) – Felony Benefits Fraud ($2,000 Misappropriated from AHCCCS and SNAP) and Felony Fraudulent Schemes – Not Charged – Arizona Attorney General’s Office and Department of Economic Security Investigated (Case No. 20XX-XXXXX3).

Mr. T had been unemployed for 16 months due to a degenerative disc disease and he had been receiving medication and treatment. He sold his home in Colorado and moved to Arizona. When he arrived, he applied for benefits under AHCCCS (Arizona Health Care Cost Containment System) and for food stamps under SNAP (Supplemental Nutrition Assistance Program). When he applied, he failed to disclose that he had one bank account with $3,000, a second one with $17,000, and a third one with $88,000 (which was the result of the sale of his home in Colorado). He also applied for Social Security Disability benefits and was denied.

An Investigator with the Department of Economic Security contacted him about these other accounts and an investigation was opened. Mr. T hired our firm and we then became involved and we pulled all the documentation he had filled out when he originally applied for benefits. We were able to show by way of a neuropsychological evaluation that Mr. T had dyslexia, a somewhat lower I.Q. and did not fully understand the forms he was filling out. Ultimately, DES also got the Attorney General’s Office involved, however, we were able to convince both of them not to file any charges against Mr. T. Originally, he was facing a very serious felony, but he now has no charges on his record.

July 20, 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, 47P Benefits Fraud Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. G (DMC No. 13474)

State v. Ms. G (DMC No. 13474) – Felony Benefits Fraud ($13,700 Misappropriated from AHCCCS) and Felony Fraudulent Schemes – Not Charged – Department of Economic Security and Family Assistance Division Investigated.

Ms. G only had a high school education and was working part-time at a Subway sandwich shop as a sandwich maker. She had multiple health issues which included Type I diabetes, cystic fibrosis, depression, asthma, PTSD, etc. Many of these ailments rendered her partially disabled and she needed assistance from AHCCCS (Arizona Health Care Cost Containment System) in order to received medical care and medication.

While applying for AHCCCS benefits, she did not list all of her income. She omitted the fact that she had a $28,000 annuity/life insurance policy that was left to her by her grandfather. For several years while she was on AHCCCS, she made several withdrawals totaling $13,700, which was a violation of AHCCCS rules and the statute under A.R.S. 23-785. Ms. G suddenly received a letter from DES and the Family Assistance Division asking for an interview as they were conducting an investigation triggered by that annuity.

Once we became involved, we contacted the Investigator for DES and began revealing her total income. We also showed that these draws (spread out over several years) would not have affected her eligibility to receive AHCCCS benefits. Ultimately, AHCCCS agreed to allow her to reapply for benefits with the full disclosure of the balance of the annuity being revealed. Originally, she could have been charged with a very serious felony and lost her medical benefits. However, she was never charged and was able to continue getting her medical treatment and her medications.

July 20, 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, 47P Benefits Fraud Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. G (DMC 12809)

State v. Ms. G (DMC 12809) – Felony Benefits Fraud ($8,500 Misappropriated from SNAP), Felony Fraudulent Schemes and Felony Theft – Not Charged – Arizona Department of Economic Security Investigated.

Ms. G was receiving food stamps through the Supplemental Nutrition Assistance Program (SNAP) on and off for about three years. In her application, she stated she had only between $1000 to $10,000 in savings. In reality, she had a 529 college savings account for her daughter which contained $87,000. She also had a UTMA account for her daughter in the amount of $105,000, and a Roth IRA for her children at $34,000. On top of that, she had a traditional IRA for $132,000, and a mutual fund account for herself which was valued at $150,000.

As she began going through divorce proceedings, she realized that the food stamps issue could become a criminal issue. She updated all of her income on the DES website and she ceased using food stamps. However, the DES saw the change on their website and began investigating her regarding the discrepancies. We then became involved and spoke with a DES Supervisor. During the course of speaking with the Supervisor, we indicated that her true income was basically zero when she started going through her divorce proceedings. We also pointed out that many of these accounts were retirement accounts, college payment accounts, or accounts in her children’s name, and not her name. The supervisor agreed with us and indicated that since she is no longer seeking supplemental nutritional assistance, that they would not view the past use of food stamps as a Benefits Fraud. No charges were ever brought against Ms. G. If they were, it could have seriously affected her ongoing custody battle in her divorce case.

July 20, 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, 47 Miscellaneous Theft/Fraud Victories, 47J Forgery Victories, 47N Embezzlement Victories, 47O Identity Theft Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. R (DMC No. 14569)

State v. Ms. R (DMC No. 14569) – Felony Embezzlement ($50,000 Misappropriated from Interior Design Business), Felony Fraudulent Schemes, Felony Theft, Felony Identify Theft, Felony Forgery and Felony Obtaining a Credit Card by Fraudulent Means – Not Charged – Phoenix Police Department Investigated (DR No. 20XX-XXXXXXX3).

Ms. R was employed as a bookkeeper/personal assistant to the owner of an interior design business. She had access to all information regarding the business, and access to the checking accounts in order to pay business expenses. She was accused of using 3 different bank accounts and obtaining 5 different credit cards fraudulently by assuming the identity of the owner. Over the course of three years, she allegedly embezzled over $50,000.

We were brought into the case and we began defending Ms. R. We contacted the interior design business owner’s husband who was a licensed attorney in Arizona. We were able to demonstrate that some of the credit cards obtained were actually in our client’s name, and those were used actually to pay business expenses. The itemized business expenses on the credit card were then paid by company check. What became problematic was demonstrating other credit cards taken out in the owner’s name had a forged signature on the application in violation of ARS 13-2102. The owners ultimately filed a police report with the City of Phoenix. We had always contended that this was actually a civil matter, and not a criminal matter, and ultimately the Phoenix Police Department did not forward the case onto the County Attorney’s Office for charging. No criminal charges were ever brought against Ms. R. If they had been, and if she were convicted of all charges, she would have faced well over a decade in prison. As it finalized, no criminal charges were ever brought against Ms. R and she has no criminal record.

July 20, 2020
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 116 Drug Crime Pre-Charge Victories, 1900 Federal Court Victories, 400 Theft / Fraud Crime Victories, 47D Bank, Mail and Wire Fraud (Federal Charge) Victories, 47E Money Laundering (Federal Charge) Victories, 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 68 Child/Vulnerable Adult Pre-Charge Victories, 79 Miscellaneous Violent Crimes Victories, 85 Drug Sales/Transportation Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

U.S. v. Mr. S (DMC No. 14784)

U.S. v. Mr. S (DMC No. 14784) – Federal Money Laundering ($50,000), Federal Bank and Wire Fraud, Federal Arms Trafficking (AK/AR-47s and 50-Caliber Rifles) and Felony Drug Trafficking (Meth, Marijuana) – Not Charged Due to Cooperation Agreement – Pinal County Attorney’s Office, US Attorney’s Office and ATF Investigated.

Mr. S had a female friend who asked to deposit some money into his bank accounts. He agreed and gave her his bank account numbers. Later on, she was contacted by a Pinal County attorney and she was questioned about the deposits. She said that she “sells cars” and that she would share the money with Mr. S. This turned out to be a lie. About one week later, the bank account of Mr. S was frozen, and he received a Forfeiture letter. Approximately $50,000 was deposited into his accounts over an 8-month timeframe.

Additionally, Mr. S had a male friend who would deposit money into the female friend’s account, who would then deposit it into Mr. S’ account. Every time Mr. S then returned an amount of $5,000 to the male friend, Mr. S would receive a $100 payment. It turned out that the male friend was selling drugs and was also running guns into Mexico for various organizations.

Once we became involved, the Pinal County Attorney’s Office had also brought the U.S. Attorney’s Office into the case. An Agent with the ATF also became involved, and we were able to negotiate a cooperation deal which would keep Mr. S from being charged with any crime. The US Attorney’s Office provided a Kastigar Letter and a Proffer Agreement. During the course of cooperation, Mr. S introduced undercover agents to various characters who were selling methamphetamine and guns. Ultimately, people were arrested and Mr. S was never charged with any crimes. In addition, we were able to stop any Forfeiture proceedings regarding the house owned by Mr. S by the Pinal County Attorney’s Office. Originally, Mr. S was facing decades in prison if he were to be convicted of all charges. Ultimately, he has no criminal record whatsoever.

July 20, 2020
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 46 Theft Pre-Charge Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 68 Child/Vulnerable Adult Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. M (DMC No. 15188)

State v. Mr. M (DMC No. 15188) – Felony Fraudulent Schemes ($72,500), Felony Vulnerable Adult Abuse and Felony Theft – Not Charged – Adult Protective Services Investigated (Case No. 31XXXX).

Mr. M had a website building and SEO (Search Engine Optimization) company who would reach out to various website owners in order to sell them their services. The purpose was to improve their websites’ rankings and increase the actual organic traffic to the websites. Mr. M made contact with Bruce (a former lawyer) who was 79-years old. Bruce had a law website, but had a dream of building a directory website that was similar to “Angie’s List” for businesses. He was ultimately quoted a flat fee of $15,000 and he signed a contract.

Throughout the building of the site, he was repeatedly asked for more money and ultimately paid $72,500. The purpose of the site was changed from a directory to a site that would help people improve their credit scores. That particular site actually ended up generating approximately $30,000 in revenue to Bruce.

As Bruce was now in his eighties, his daughters sought to get a conservatorship and claim that he was suffering from dementia. They made a claim with Adult Protective Services that Mr. M had Taken Advantage of a Vulnerable adult in the amount of $72,500.

We became involved with the case and we contacted the Investigator for Adult Protective Services. We were able to show all the work performed on multiple sites, along with the change in direction of the site’s purpose, would justify the full $72,500. During this time, Bruce’s daughter sought to get a civil lawyer involved to potentially file a lawsuit. We also dealt with the civil lawyer and no civil complaint was ever filed. In addition, Adult Protective Services declined to seek any prosecution and they relayed the “turn down” of prosecution by the Arizona Attorney General’s Office to us. Mr. M was originally facing very serious felony charges which could have placed him in prison. Now, he has no criminal record whatsoever.

July 20, 2020
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 1900 Federal Court Victories, 400 Theft / Fraud Crime Victories, 47A Mortgage Fraud Victories, 47E Money Laundering (Federal Charge) Victories, 900 Pre-Charge Case Victories, Case Victories

U.S. v. Ms. R (DMC No. 12749)

U.S. v. Ms. R (DMC No. 12749) – Federal Felony Money Laundering ($100,000) and Federal Felony Mortgage Fraud – Not Charged – US Postal Inspection Service Investigated; US Attorney’s Office Reviewed.

Ms. R had become friends with a lady by the name of “Elizabeth” who would borrow money from her quite often. She had met Elizabeth’s husband, a Mexican National, and she became a bit suspicious about her loans. One of these loans involved a $100,000 amount for a down payment on a house for Elizabeth. Ms. R signed a document stating that the money was not a loan, and that it was a gift. This was a knowingly false statement which could constitute Mortgage Fraud.

Several months later, the $100,000 was repaid to Ms. R. Shortly after that time, a Postal Inspector from the U.S. Postal Inspection Service contacted Ms. R about that money. Ms. R admitted that it was not a gift, and that it was repaid. The Postal Inspector informed her that she not only committed Mortgage Fraud, but most likely the repayment of the money was drug proceeds from her friend Elizabeth and her husband. This would constitute Money Laundering.

We became involved and we contacted the Postal Inspector. We then involved an Assistant U.S. Attorney in order to negotiate a “cooperation” deal in which Ms. R would be a witness. We were able to show them that she was unwittingly duped by Elizabeth and her husband. They agreed to not file charges in exchange for cooperation. Ultimately, Elizabeth’s husband was charged and convicted. No charges were ever brought against Ms. R. Initially, she was facing many years in prison due to the severity of the charges and the amount of fraud involved.

July 20, 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. Mr. K (DMC No. 14801)

State v. Mr. K (DMC No. 14801) – Felony Embezzlement ($109,000 Misappropriated from a Non-Profit Educational Foundation), Felony Fraudulent Schemes and Felony Theft – Not Charged – Educational Foundation Investigated.

Mr. K secured his position as a Treasurer of an Arizona non-profit educational foundation. He informed them that he was a CPA, when in reality he had passed the CPA exam, but he did not have enough hours to actually receive his certification. In order to secure the position, he also informed them that he would be donating the office rent payment at approximately $1,000 a month while in that position. Again, in reality he was taking funds from the foundation’s checking account to pay those rent payments.

He held the position as Treasurer for 13 years. During that time, he misappropriated approximately $109,000 for both the office rent, and for his personal expenses. The Director, President/CEO and the Secretary began asking questions about the books being “sloppy.” Mr. K then secured our services in order to help him from being charged with any criminal activity. We contacted the Foundation and presented an accounting that showed much of the benefit was the rent paid for the Foundation’s offices. In other words, they were not actually out the benefit of the money used to pay the rent. We also showed that Mr. K’s elderly wife had various medical problems and dementia, and this placed a heavy mental toll on him. Ultimately, we were able to secure an agreement which would allow Mr. K to make a $30,000 payment over time, and no criminal charges would be sought against him. Originally, he was facing mandatory prison time due the amount of loss being above $100,000.

July 20, 2020
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 46 Theft Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. E (DMC No. 14732)

State v. Mr. E (DMC No. 14732) – Felony Fraudulent Schemes ($180,000 in Reversed Credit Card Charges) and Felony Theft – Not Charged – Tolleson Police Department and FBI Investigated.

Mr. E owned a waste solutions company and he acted as a waste broker working primarily in the state of Arizona however, he did some work in California, Texas and Colorado. As a broker of trash services, he was in the front load commercial service and roll off container business. He also placed portable toilets, fencing and storage containers for many fencing projects.

As a broker, he developed a close working relationship with a large international waste disposal company that he used as his primary hauling company. During a course of normal business, he used the following process: he would call or email in his request to customer service and they would charge a Visa debit card they had on file. The type of service requested was based on pre-determined and negotiated prices. When he placed the order, the large waste disposal company would charge his card and send him a purchase confirmation sheet receipt so that he would know that they received his order for the requested work, and that they were paid for the haul to the jobsites. This process was in place for an average of 50 times a month. Occasionally, he would receive invoices and he would call to see if they were actually paid or if he had open balances, and he was always told that they were paid in full. Lastly, as to the portable toilet service, he was billed every 28 days and the customer service representative of the large waste disposal company would simply run his credit card again and send him a receipt after it was completed.

Ultimately, Mr. E received a threatening phone call from one of the managers at the large waste disposal company claiming Mr. E had reversed charges for an amount of $180,000 over the past several years. He strongly disputed this and he was told by the company that they had contacted the Tolleson Police Department, and T.P.D. was referring the matter over to the FBI. We then became involved and immediately contacted the waste disposal company’s Attorney in order to get detailed spreadsheets of all charges and reversed charges. The company could not show that Mr. E had any knowledge of charges being reversed. In addition, it was questionable why it took years for the waste disposal company to see that charges had been reversed. Ultimately, the case appeared to be one of sloppy accounting practices. Civil resolution was reached in which $80,000 of the $180,000 disputed amount was paid in order to settle the case. Ultimately, no charges were brought against Mr. E for Fraudulent Schemes or Theft. If they had, he would have been facing a mandatory prison sentence if convicted due to the amount in question being above $100,000.

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