State v. Mr. D (DMC No. 16255) – Felony Theft ($491,302 of Beer Inventory, Totaling 57,000 Cases), Felony Fraudulent Schemes, and Felony Theft – Not Charged (Due to Statute of Limitations Issues Per New Jersey Statute 2C:1-6(C), and Actual Innocence Defenses) – Union New Jersey Police Department and Private Law Firm Investigated
Mr. D had worked for years in Union, New Jersey for a beer distribution company. He ultimately retired and moved to Arizona. Approximately six months after his retirement, he received a phone call from a Private Investigator who stated that the company was changing to a computerized system and they wanted to have his help in explaining how he had done things in the past in order to produce a proper ledger. He was also informed that the owner of the company, and his partners, were retired or deceased, and the sons were now running the company.
Several months after he had received these calls, he then received a letter from both an Insurance Company, and an Arizona Law Firm demanding repayment of $491,302 due to a claimed Theft of 56,000 cases of beer. It was at that time he secured the services of DM Cantor.
We contacted the local Law Firm Counsel that was representing the beer distribution company in New Jersey. We indicated that under the direction of the previous owners, many times Mr. D was asked to manipulate the numbers in order to hit sales goals that would result in a bonus to the beer distributor. This also helped in sales contests, and he was simply moving numbers on paper. No actual beer ever left the facility or was stolen. Ultimately, the beer distributors informed the Police that they would not be proceeding with Charges. Had they proceeded with Charges, they would basically be admitting that their own beer distribution company had been defrauding beer manufacturers in order to receive contest bonuses. Had Mr. D been Charged and Convicted, he could have spent many Years in Prison. As it stands now, he is living happily in retirement and has No Criminal Record.