Hi, How Can We Help You?

Category Archives: 47Q Trafficking in Stolen Goods Victories

State v. Mr. B (DMC No. 12267) – Felony Mortgage Fraud ($140,000), Felony Fraudulent Schemes & Felony Vulnerable Adult Abuse – Not Charged – California Law Firm Investigated.

Mr. B owned a company that would buy houses, remodel them, and then “flip” them. He did this with the help of a partner. He became involved with an insurance agent that sold annuities to her clients. She would convince her clients to break their annuities in order to buy properties that Mr. B. would then sell. Unbeknownst to the clients, and unbeknownst to Mr. B., a $100,000 annuity that would be broken early by a client would have a $25,000 surrender fee to be paid to the insurance agent. When the insurance agent would refer over clients to buy houses from Mr. B., she would include her fee in the price (even though she wasn’t on the real estate documents) and he would send her the money for the property closed.

The alleged victim in this case was an 82 year old gentleman who claimed he did not know about the surrender fee on his annuities, and that he was basically taken advantage of by the insurance agent due to his age. He bought two houses from Mr. B. that were in Arizona while the alleged victim lived in California. One of the houses was being routinely vandalized and having copper and appliances stolen from it, so Mr. B. had one of his workers live in the house for six months (rent free) in order to protect it. The alleged victim was claiming that it was Mr. B. who was having the copper and appliances sold on the side in order to defraud additional funds out of the victim.

When Mr. B. received a threatening inquiry from a law firm in California regarding Mortgage Fraud, Fraud Schemes and Vulnerable Adult Abuse, he contacted us. After reviewing all documents involved in the sale, we then had Mr. B take a polygraph with the following two questions: “Did you work with [insurance agent] to encourage her clients to cash out stocks, annuity, etc. in order to purchase properties owned by your company?” and “Did [construction worker] pay you rent in order to stay in the property that was regularly vandalized?” He answered “No” to both questions, which was “truthful”. In addition, we obtained Affidavits from his business partner and the construction worker who lived in the house. All of this was assembled and sent to the Attorney in California. Working with the Attorney in California, he agreed that this was a civil matter and not a criminal matter. Mr. B. settled for a very small amount of money and was never charged with any crimes.

State v. Ms. R (DMC No. 12851) – Felony Illegal Control of an Enterprise/RICO ($143,000), Fraudulent Schemes & (4 Counts) Trafficking in Stolen Property – Reduced to Solicitation with 2.5 Years in Prison – Maricopa County Superior Court (Case No. CR2014-002286).

During a four month period of time, six grocery stores had reported a high incident of retail theft revolving around baby formula. Baby formula is used by drug dealers to cut other types of drugs (such as cocaine) in order to increase the actual volume/weight of the drug, which increases the sales volume. The six stores that were being targeted were Walmart, Fry’s, Bashas’, Albertson’s, WinCo, and Food City. Surveillance was set up on one of the stores, and one of the thieves was observed loading a shopping cart with empty bags, he then entered the store and began loading those bags with baby formula. The person then ran directly for the exit door to jump in a waiting getaway car. The Police swooped in and arrested this individual.

This individual was questioned, and then became a “Confidential Informant” for the Police Department. He ended up leading Police to Ms. R. and a Search Warrant was obtained for her house. When the house was searched, 6,000 cans of baby formula were discovered with a value of $143,000. She was then taken into custody and questioned. During questioning, she admitted that she was selling all of the baby formula to one particular lady in California, who would then have her ship it to New Jersey and New York. She admitted she suspected it was for drug dealers, who used it to cut cocaine.

We became involved in the case, and cooperated with Detectives in order to have the case transferred to prosecuting and investigating agencies in California, New Jersey, and New York. We also presented significant Mitigation on behalf of Ms. R. This included the fact that she had no prior criminal history and had 14 year old twins who lived at home. Ultimately, we were able to secure an offer which included 2.5 years of prison. Originally, Ms. R. was facing the possibility of two decades in prison. She had originally been charged with Illegally Conducting an Enterprise per ARS 13-2308(A)(1), Felony Fraudulent Schemes per ARS 13-2310(A), and 4 Counts of Trafficking in Stolen Property per ARS 13-2307(B). With the final disposition of 3 Counts of Solicitation, this allowed her to receive a much lower sentence. Initially, Prosecutors wanted to give her a much harsher sentence due to the amount of actual cocaine that ended up on the streets, which was thereby affecting thousands of people.

(2 Counts) Felony Computer Tampering & (2 Counts) Felony Trafficking in Stolen Property ($20,400) Reduced to Probation with 30 Days in Jail – State v. Mr. M (DMC No. 13909) (Maricopa County Superior Court CR2015-158379):  Mr. M worked for the Life Lock company and was accused of taking approximately 10 laptop computers and selling them online on Craigslist.  The ads on Craigslist claimed that these computers were “recycled”.  An undercover Tempe police officer made an arrangement to meet with Mr. M and purchase a computer for $1,000.  After that purchase was complete, officers then showed up to Mr. M’s house with a search warrant and confiscated other computers.  He was ultimately charged with 2 counts of Computer Tampering and 2 counts of Trafficking in Stolen Property.

The reason for the charge of Computer Tampering was for the deletion of items that were on those laptops originally. Ultimately, we were able to show some mitigating factors on behalf of Mr. M.  The state agreed to a plea which included Probation and 30 days of initial jail. Other jail was left hanging over his head, but that could be deferred upon successful completion of Probation. Mr. M successfully completed Probation, paid restitution and avoided a potential aggravated sentence of over 10 years in prison.

TRAFFICKING in STOLEN PROPERTY ($38,000), THEFT and BURGLARY REDUCED to ATTEMPT with PROBATION and 30 DAYS of DEFERRED JAIL – State v. Mr. BH; State v. Mr. CH; State v. AM (DMC No. 6017, 6024, 5993) (Maricopa County Superior Court CR2004-023984-002; 003; 004): BH, CM, and AM were all college roommates who had gone into the Estanzia Golf Club and had stolen $38,000 worth of golf clubs and golf bags. They were then attempting to sell the items to various people when the police were contacted. Although they were all three charged with Trafficking in Stolen Property and Theft, we were able to show that due to their immaturity and youthful indiscretion they deserved not to be sent to prison and to have a much lesser charge. The Prosecutor agreed to give them each a plea to Attempt with 30 days of Deferred Jail. If they were successfully completing Probation and paying back the restitution, then the jail would be “Deleted”. It ultimately was Deleted, and they never had to do any time in custody.

TRAFFICKING and STOLEN PROPERTY ($1,200), IDENTITY THEFT and FORGERY REDUCED to PROBATION with 60 DAYS of DEFERRED JAIL– State v. Ms. A (DMC No. 9789) (Maricopa County Superior Court CR2010-123488): Ms. A had been living with her boyfriend when she stole his gun and sold it to a local pawn shop. When she did this, she used a stolen driver’s license and posed as a different female. Ultimately, the boyfriend reported the gun stolen, and it was traced back to the person whose identity was stolen. This person informed police that her license had been stolen, and they pulled up a videotaped in the pawn shop. The victim immediately recognized Ms. A, and she was charged with Identity Theft, Trafficking and Stolen Property and Forgery. We were able to have all charges reduced to Probation with 60 days of “Deferred” jail. Because she performed well on Probation, the jail was ultimately Deleted, and she did not spend any time in custody.

TRAFFICKING AND STOLEN PROPERTY ($67,800), THEFT OF MEANS OF TRANSPORTATION and BURGLARY ALL REDUCED to PROBATION with 6 MONTHS DEFERRED JAIL – State v. Mr. D (DMC No. 9012) (Maricopa County Superior Court CR2009-119368): Mr. D had stolen a trailer along with various all-terrain vehicles from his former landlord. He then painted the trailer and removed the VIN numbers on the vehicles before putting them on Craigslist for sale. The vehicles and trailers were ultimately purchased, and then it was discovered they were stolen during the titling process. Mr. D was contacted by police and arrested. His wife admitted to Mr. D’s crimes, and also the police pulled up video surveillance from a local U-Haul storage facility showing Mr. D with the trailer and vehicles. Although the original Victim and State Farm Insurance company sought prison time, we were able to convince the Judge to give Mr. A 6 months of “Deferred” jail which was later Deleted after he had paid back full restitution. Mr. D originally was looking at years in prison.

Call Now Button