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Category Archives: 43A Fraudulent Schemes Pre-Charge Victories

EMBEZZLEMENT/FRAUDULENT SCHEMES ($40,000) and THEFT NOT CHARGED – State v. Ms. A (DMC No. 8089) (Mesa Police Department DR No. 2006-0130457): Mr. A worked for an armored car company that would deliver deposits to multiple banks. It was not uncommon for one truck to meet up with a second truck and transfer all deposits going to bank A to the second truck. This would save time by having only one truck go to bank A, instead of two trucks. After transfers were made, both drivers were to count the money to verify that the proper amount had been transferred between trucks.

At some point it had been determined that over $40,000 had gone missing from Mr. A’s truck after transfers had been made. We sat down with Detectives and allowed them to conduct a Polygraph on Mr. A (which he passed). We also pointed out that there were numerous points where the money could have been taken, and they agreed. They were interviewing multiple people along the chain of transactions. After we sat down and conducted a “Free Talk” with the Detective and Mr. A, it was determined that there was insufficient evidence to charge Mr. A, and no charges were brought. Originally, Mr. A would have been facing prison time.

INSURANCE FRAUD ($23,000) and THEFT of MEANS of TRANSPORTATION NOT CHARGED; FALSE REPORTING DISMISSED – State v. Mr. C (DMC No. 8485) (Surprise City Court CR07-01028/Surprise Police Department DR 07096356): Mr. C had gone to Las Vegas to get married, and when he got back his truck was missing. It was found by the Peoria Police Department burned out in the desert. This was then reported to the Surprise Police Department, and Mr. C had filed a stolen vehicle report. The police and insurance company became suspicious and interviewed a friend of Mr. C’s who stated that Mr. C had another friend named “Greg” steal the vehicle and burn it so he could file an insurance claim in order to recover $23,000.

We became involved in the case, and dealt directly with the Detective on Mr. C’s behalf. The Detective filed a direct complaint into the Surprise City Court for False Reporting. We ultimately got this charged Dismissed. In addition, the Detective routed his file over to the Maricopa County Attorney’s Office to be reviewed for charges of Insurance Fraud and Theft of Means of Transportation. Due to our intervention, no charges were brought against Mr. C. If he would have been charged, he could have done time in prison.

EMBEZZLEMENT/FRAUD SCHEMES (Percocet from Hospital Pharmacy) and THEFT NOT CHARGED – State v. Mr. G (DMC No. 9518) (Maricopa County Sheriff’s Office Investigated): Mr. G was a nurse at a local hospital who had become addicted to Percocet pain medication. For 2.5 years he had been stealing Percocet from the hospital’s pharmacy. When the hospital ran an audit, they discovered the discrepancy and confronted him. He admitted to everything, and was put in the “Can Do” program, which is a program for nurses who have substance abuse problems. In addition, he was contacted by the Maricopa County Sheriff’s Department and a report was taken. We were able to work with all parties involved in order to keep Mr. G from being charged. He successfully completed his program and no longer has issues with substances.

INSURANCE FRAUD/AUTO THEFT NOT CHARGED – State v. Mr. P. (DMC No. 8525) (Arizona Department of Insurance Investigated): Mr. P had purchased a 1 year old Chevy 4×4 truck with lots of amenities. He had the truck for several months, when it was stolen. He reported the theft to his insurance company and filed a claim. He later received a call from Police stating the vehicle was found in Mexico. When he called his insurance company to inform them, they stated that they were already aware of this and felt that he was involved in the theft of his own vehicle in order to file an insurance claim.

After receiving a letter from the Department of Insurance Investigator, he contacted our office. We were able to show that there was no motive for Mr. P. to steal the vehicle (i.e. He was not in financial hardship, nor was there a mechanical problem with the vehicle), and that he was willing to take a lie detector test. After all documentation was forwarded to the Maricopa County Attorney’s Office, we met with the charging Attorney who agreed that no charges would be filed against Mr. P. We also sent a scathing letter to the Insurance company indicated that if they pursued this further that they would be sued for “bad faith”. Mr. P. has no criminal history.

 

NOT CHARGED | STATE RICO, FRAUD SCHEMES, INSURANCE FRAUD and THEFT – State v. Ms. L. (DMC No. 6458) (Department of Insurance Fraud Unit DR05-00084/Arizona Attorney General’s Office Investigated): Ms. L. had filed several police reports alleging that several vehicles had been stolen, which were later found in the desert burned.  Due to Ms. L.’s prior criminal history, the Department of Insurance Fraud Unit began investigating her, along with the Arizona Attorney General’s Office.  It was suspected that she was running an illegal enterprise which involved faking the theft of vehicles in order to secure insurance proceeds.  Although the Department of Insurance turned the case over to the Attorney General’s Office, we were able to convince them not to file charges against Ms. L. due to a lack of probable cause.

 

NOT CHARGED | BANK and WIRE FRAUD/FRAUD SCHEMES NOT CHARGED – State v. Mr. S. (DMC No. 6444) (FBI Investigated): Mr. S. was accused of having his friend (who worked for a local bank) manufacture a MasterCard with his name on it with a fraudulent credit card number.  He was then accused of utilizing that card to make multiple purchases.   When the FBI investigated, we became involved and invoked Mr. S. right to remain silent.  Because the Agent lacked any evidence that Mr. S. had personally utilized this card, or had been in any way involved, no charges were ever brought against him.

 

NOT CHARGED | FEDERAL FRAUD SCHEMES/BANK and WIRE FRAUD NOT CHARGED – State v. Mr. S. (DMC No. 10821) (Secret Service and U.S. Attorney’s Office Investigated): Mr. S. and co-defendants ran a telemarketing firm regarding a “work at home business”.  Multiple people were charged by State authorities regarding criminal activity, then Secret Service began investigating Mr. S.  We were able to convince the Secret Service and the U.S. Attorney’s Office that Mr. S. was not involved in any fraud.  Although the Secret Service had removed $25,000 from Mr. S.’s safe and filed a forfeiture action regarding that money, no charges were ever brought against Mr. S.

NOT CHARGED | FEDERAL BANK and WIRE FRAUD NOT CHARGED – State v. Mr. C. (DMC No. 4579) (FBI Investigated): Mr. C. was accused by Meridian Bank of “kiting” funds.  The bank accused him of having several accounts, and wiring funds into one account while writing checks on the first account before the money actually posted on the second account.  Through this “check kiting activity”, they claimed a half a million dollars had been lost.  We’re able to show the Investigators this was a civil matter, and that no criminal activity had been conducted.  No criminal charges were brought against Mr. C.

NOT CHARGED | FEDERAL MORTGAGE FRAUD – State v. Mr. B. (DMC No. 10625) (Small Business Administration Investigated): Mr. B. had obtained a loan to build four buildings for his company.  When he secured the loan, he checked the “no” box when it had asked about prior felony convictions.  In reality, he had a prior felony.  Ultimately, the bank foreclosed on all four buildings, and over 1 million dollars was lost.  The banks attorney’s indicated they would be charging Mr. B. if he did not pay back the money.  We were able to work with The Small Business Administration Investigator and no charges were ever brought.

NOT CHARGED | FEDERAL BANK and WIRE FRAUD/MORTGAGE FRAUD NOT CHARGED – State v. Mr. A. (DMC No. 4623) (FBI Investigated): Mr. A. was a real estate investor who had performed approximately 10 property transactions.  In one particular property, he refinanced for over $900,000, and then the property only sold for $500,000.  The total loss was at least $450,000.  Countrywide Mortgages contacted the FBI and they began to investigate all of his transactions.  We were able to prove that his loan paperwork was in order, and there was no intent to defraud when the houses were foreclosed upon.  It was simply a function of the economy.  No charges were ever brought.

 

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