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Category Archives: 43 Fraudulent Schemes Reduced

REDUCED | ATTEMPTED FRAUDULENT SCHEMES ($238,000) and FORGERY (with prior convictions) REDUCED to IDENTITY THEFT with PROBATION and ZERO DAYS in JAIL – State v. Ms. J. (DMC No. 7525) (Maricopa County Superior Court CR2005-122006): Ms. J. had walked into a financial institution and ordered a secure mortgage loan.  She provided documentation claiming to be her own daughter.  She then secured the loan in the amount of $238,000 which was levered against her daughter’s home.  When this was discovered, she was promptly charged with Mortgage Fraud, Attempted Fraud Schemes and Forgery.  Because Ms. J. had a history of mental problems, we were able to disclose numerous medical records to the Maricopa County Attorney.  They agreed to reduce the case down to a simple Identification Theft with probation and zero days in jail.  Ms. J. was also ordered to receive mental health counseling. She was originally facing years in prison, but instead received counseling and treatment.

 

NOT CHARGED | FRAUDULENT SCHEMES/MORTGAGE FRAUD ($221,000) NOT CHARGED – State v. Mr. M. (DMC No. 11094) (Republic Mortgage Insurance Company Investigated): Mr. M. was accused of securing a loan for rental properties by submitting lease agreements from paying tenants.  It was alleged that there were no paying tenants, and that he actually lived in several properties himself.  Eventually, the real estate market crashed and he ended up selling both properties in a “short sale”.  In order to attempt to recoup their losses against Countrywide Mortgage, the title insurance company began investigating Mr. M.  We were able to interceded on Mr. M.’s behalf and ensure that no charges were brought against Mr. M.  In addition, no civil suit was ever brought against him.

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.

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.

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.

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.

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.

REDUCED | 8 COUNTS of FRAUD SCHEMES and MORTGAGE FRAUD/5 COUNTS of ID THEFT/7 COUNTS of FORGERY and 1 COUNT of THEFT REDUCED to a SINGLE COUNT of FORGERY with PROBATION and 60 DAYS JAIL – State v. Mr. M. (DMC No. 6028) (Maricopa County Superior Court CR2005-011595): Mr. M. was being accused of being involved in fraudulent real estate loans that included “straw buyers” which resulted in $1.5 million of fraudulent loans.  We were able to show that Mr. M. did not know that the loans were to straw buyers, and that he did not receive any kickbacks from the co-defendants.  The only thing Mr. M. was guilty of was a single count of forgery.  Although he was facing decades in prison, we were able to get the case reduced to a simple probation with 60 days in jail.  The co-defendants were not as lucky.

 

 

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.

 

REDUCED | FRAUD SCHEMES/FORGERY REDUCED to ATTEMPTED THEFT class 6 open/MISDEMEANOR with PROBATION and ZERO DAYS JAIL – State v. Mr. M. (DMC No. 254) (Maricopa County Superior Court CR97-95494): Mr. M. was accused of ordering computer equipment and having it delivered to a local resort in Scottsdale.  He would then present a fake cashier’s check as a “C.O.D.” and then keep the items.  Detectives had been monitoring him and took him into custody when he attempted to do it another time. We were able to have the case reduced from “fraud schemes” and “forgery” to a simple “attempted theft” which turned into a misdemeanor after completion of probation.  No jail time was involved.

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