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State v. Mr. H (DMC No. 11744)

State v. Mr. H (DMC No. 11744) – Felony Illegally Conducting an Enterprise/RICO ($132,755 in Counterfeit Checks), Felony Computer Tampering, Felony Attempted Fraudulent Schemes & (2 Counts) Forgery – Reduced to Possession of a Forgery Device with Probation and Zero Days in Jail – Maricopa County Superior Court (Case No. CR2013-002470).

Mr. H was involved in an Illegal Enterprise which was engaged in manufacturing fake checks and then cashing them. The checks were manufactured by utilizing a computer to print false checks with false bank routing numbers. This particular activity is known as “Computer Tampering.” Once the Illegal Enterprise would create the fake checks, they would then be distributed to individuals to cash at various retail outlets. Mr. H. was one of the people who received checks that were created by the Enterprise and he was one of the individuals responsible for cashing them. Once the Police became aware of this, they arrested several of the check cashers and had them become “Confidential Informants.” Eventually, a 61 co-defendant indictment, which included 328 charges, was handed down by a Grand Jury.

When we became involved in the case, we immediately began working with Detectives and Prosecutors in order to cooperate and to provide Mitigation on Mr. H’s behalf. Unfortunately, Mr. H. had become addicted to heroin, and had only gone for various brief stretches in his life where he was sober. He was married and had several small children when he fell off the wagon. He had lost his job and started using heroin again.

He became involved in the Conspiracy in order to receive money to support his drug habit. During the Pretrial phase of the case, we had Mr. H. go into inpatient rehab, which he successfully completed. We also had him make Restitution in full for his portion of the Fraud Scheme. Ultimately, the Prosecutor offered a plea to Possession of a Forgery Device, which included Probation and Zero Days in Jail. If Mr. H. had been convicted of all charges, there would have been mandatory Prison time required due to the amount of the loss being greater than $100,000. He is now sober and his family is intact.

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