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August 10, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. S (DMC No. 5062)

REDUCED | FRADULENT SCHEMES ($212,000); REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Ms. S. (DMC No. 5062) (Maricopa County Superior Court CR2004-021667): Ms. S. was accused with two other people of submitting false invoices to the Arizona Department of Education over a four year period which totaled $212,000.  An Investigator with the Office of the Attorney General’s Special Investigations Office contacted Ms. S.  When we became involved in the case Ms. S. had cooperated fully, and we’re able to secure an offer which included probation with zero days in jail.  The two co-defendants were not as fortunate.

August 10, 2015
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, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S (DMC No. 9815)

NOT CHARGED | FRAUDULENT SCHEMES/INSURANCE FRAUD and THEFT ($158,000) – State v. Mr. S. (DMC No. 9815) (Scottsdale Police Department Investigated Contact No. ID14617/Allstate Insurance Company Investigated): Mr. and Mrs. S. were going through a contentious divorce, when Mrs. S. reported the theft of 16 paintings, numerous sterling silver items and other valuables stolen from her house.  She told the Detectives that she suspected that her husband had done it, as they were going through a divorce.   Her husband vehemently denied these claims, and an insurance claim was filed for $158,000. Allstate Insurance Company began investigating and we became involved in the case.  We were able to show that Mrs. S. had been seen by numerous witnesses selling paintings and other valuables to unknown parties around the Phoenix area.  In addition, there were no signs that Mr. S.’s bank account had increased, or any indicia of him committing the theft.  Ultimately, no charges were brought against Mr. S.

August 10, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 45 Theft Reduced, 47N Embezzlement Victories, Case Victories, Yavapai County Superior Court Victories

State v. Ms. C (DMC No. 9220)

EMBEZZLEMENT/FRAUDULENT SCHEMES ($84,000) and THEFT REDUCED to PROBATION with Zero Days Actual Jail – State v. Ms. C (DMC No. 9220) (Yavapai County Superior Court No. CR2009-01178): Ms. C worked for a trash collection company in Yavapai County Arizona. While she was there, she had access to the checkbook for the company. She would sometimes write checks to herself, and other times would take pre signed checks from the owner and fill them out to be paid to herself. This totaled $84,000 over a 4 year period. After Ms. C was charged, we were able to present evidence to the prosecutor that she had various problems, and due to her young age she began stealing the money. Because she had no prior criminal convictions, we secured an offer which allowed the judge to sentence Ms. C from anywhere from probation up to 12.5 years in prison. At sentencing, we convinced the judge to give Ms. C Probation, and to impose a 6 month jail term that was “Deferred”. This meant that if she complied with probation, the jail time could be pushed out further dates and ultimately removed. Due to her excellent compliance, she never did any time in jail.

August 9, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 45 Theft Reduced, 47N Embezzlement Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. M (DMC No. 4590)

EMBEZZLEMENT/FRAUDULENT SCHEMES ($69,000) and THEFT REDUCED to FORGERY with ZERO DAYS in JAIL –State v. Ms. M (DMC No. 4590) (Maricopa County Superior Court CR2004-040044): Ms. M became employed with a paint and supply company as their book keeper with promises of a high compensation package. When this compensation did not occur, she began writing checks to herself and would fake the company’s check ledger to reflect that the checks were written to valid vendors. She took a total of $69,000 over the 8 months she was employed at the company. During the course of the case, we presented significant mitigation on Ms. M’s behalf. The State agreed to reduce all charges to a simple Forgery with no days in jail, with the promise that Ms. M would pay back the $69,000 while on Probation. She initially was facing a hefty amount of time in prison.

August 9, 2015
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. W (DMC No. 6732)

FRAUDULENT SCHEMES ($150,000 with Prior Conviction) NOT CHARGED – State v. Mr. W (DMC No. 6732) (Tempe Police Department and Meridian Bank Investigated): Mr. W worked for an air conditioning company in which he was the controller. Over the course of 3 years he wrote numerous checks to himself for an amount of $150,000. When his fraud was discovered, it was reported to the Tempe Police Department and to the air conditioning company’s bank. Mr. W contacted us, and we immediately began having negotiations with the air conditioning company. Because their main concern was to recoup their money, they agreed to release and waive all claims if they received full restitution in a short period of time. We also negotiated with the Detective and reached an agreement that if the monies were paid back pursuant to a waiver and release of all claims (which we drafted), then he would not file charges. This was accomplished and all monies were paid back. Although Mr. W had a prior for Fraudulent Schemes several years earlier, because of the amount of money taken he would have been facing well over 10 years of mandatory prison time if he had been charged and convicted.

August 9, 2015
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 47N Embezzlement Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. F (DMC No. 6773)

EMBEZZLEMENT ($150,000) and FRAUDULENT SCHEMES NOT CHARGED – State v. Ms. F (DMC No. 6773) (Quest Communications Investigated): Ms. F worked for Quest Communications (now Cox Communications) in the marketing department. She developed a credit card processing and marketing company separate from Quest. She was then accused of routing contracts from Quest to her other company without informing them that she owned the other company. This “Vendor Platform” resulted in her making a profit of $150,000 over the course of a year. When this was discovered, Quest attorneys claimed that there was a Conflict of Interest and that they had been defrauded and embezzled from.

We met with their corporate legal counsel and were able to show that this separate vendor company potentially saved them $5,000,000 in transition costs by switching to her platform. We also informed them that they would have to use some other company (whether it was Ms. F’s company or someone else) and that the fees charged were not excessive in any way. We ultimately negotiated a “Consulting Agreement” in which Ms. F had been terminated from the company, but was paid to stay on for several months in order to transfer the credit card processing to a different vendor. No charges were brought against Ms. F, even though she was originally facing mandatory prison time.

August 8, 2015
Posted on Author By dmcantor Categories 1900 Federal Court Victories, 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 45 Theft Reduced, Case Victories

U.S. v. Mr. L (DMC No. 11824)

REDUCED | FEDERAL EMBEZZLEMENT and THEFT ($59,000) REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. L. (DMC No. 11824) (United States District Court 2:13-CR-01456-NVW-1): Mr. L. had been employed by the Gila River Indian Community to process checks to individual Tribal members in Sacaton, Arizona.  Mr. L. was accused of processing numerous checks which totaled $59,000 for his own use.  We intercepted the case “precharge”, met with the Prosecutor and agreed to work with them in showing them how they could prevent this from happening again.  Due to the substantial cooperation of Mr. L., they agreed to offer him a plea of probation with zero days in jail.

August 8, 2015
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, 47J Forgery Victories, 47N Embezzlement Victories, 500 Assault / Violent Crime Victories, 66 Child/Vulnerable Adult Abuse Dismissals, 66-68 Child/Vulnerable Adult Abuse Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. A (DMC No. 9212)

EMBEZZLEMENT/FRAUDULENT SCHEMES ($120,000), MONEY LAUNDERING, THEFT, FORGERY and VULNERABLE ADULT ABUSE all NOT CHARGED –State v. Ms. A (DMC No. 9212) (Apache Junction Police Department DR No. 090819003/Pinal County Attorney’s Office Investigated): Ms. A had become the care taker of a 93 year old woman for the last 8 years of her life. While she was working for the woman, she was given a car, and was also authorized to write checks for a total of $120,000 to herself. In addition, the woman had transferred title of her house to Ms. A’s name. Approximately 1 year after she had passed away, the relatives began looking in to all of the woman’s finances and found out that she had dementia. They claim that Ms. A had taken advantage of a Vulnerable Adult and had stolen all of her possessions.

When Apache Junction Police Department became involved, we immediately had Ms. A take a polygraph test. She passed with flying colors. We ultimately secured an agreement that the title of the house would be transferred back into the relatives’ names, and that the relatives would not be challenging the $120,000 or car that Ms. A had received as compensation for 7 years of care giver services. Ultimately, the Pinal County Attorney’s Office turned down all charges.

August 7, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300C Partial Bench Trial Acquittal, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. H. (DMC No. 5092)

PARTIAL ACQUITTAL at BENCH TRIAL | 2 COUNTS FELONY AGGRAVATED ASSAULT on Police Officer – State v. Ms. H. (DMC No. 5092) (Maricopa County Superior Court CR2004-041976): Ms. H. had received news from her bi-polar son that he was going to commit suicide. She flew to Arizona and contacted officers to do a “welfare check” at his hotel. When officers arrived with Ms. H., they gave commands to her son and drew their weapons. Ms. H. became concerned, and jumped on the officers backs and yelled at them “don’t shoot, don’t shoot”. Both Ms. H. and her son were arrested. Ms. H. was charged with 2 counts of aggravated assault on police officers, along with 2 misdemeanor assault counts. At trial, we convinced the Judge to find her not guilty of the 2 felony counts.

August 7, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 47M Insurance Fraud Victories, Case Victories, Pinal County Superior Court Victories

State v. Mr. & Mrs. B (DMC No. 4545 & 4546)

INSURANCE FRAUD/FRAUD SCHEMES ($19,900) REDUCED to class 6 Open/Misdemeanor THEFT which was later REDUCED to a MISDEMEANOR with PROBATION and ZERO DAYS in JAIL. – State v. Mr. & Mrs. B (DMC No. 4545 & 4546) (Pinal County Superior Court CR 2004-00404; CR 2004-00405): Mr. and Mrs. B had purchased a Harley Davidson motorcycle which cost over $20,000. They hid the motorcycle in their garage and called their insurance company in order to file a claim. They were eventually paid $19,900 for the motorcycle. Insurance company investigators became suspicious and photographed Mr. B on the motorcycle. Ultimately, Mr. & Mrs. B were both charged with Insurance Fraud & Theft. They then sought out our help and signed off on Conflict Waivers regarding any potential conflict between us representing both of them. They both were fully aware they were admitting their wrong doing, and we were seeking to avoid Prison time. We were able to convince the Prosecutor to reduce the charge to a Class 6 Open/Misdemeanor with Probation and zero days in Jail in exchange for Restitution. Both successfully completed Probation and the charges were reduced to Misdemeanors. Neither has a Felony conviction on their record.

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