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Category Archives: 79 Miscellaneous Violent Crimes Victories

U.S. v. Mr. S (DMC No. 14784) – Federal Money Laundering ($50,000), Federal Bank and Wire Fraud, Federal Arms Trafficking (AK/AR-47s and 50-Caliber Rifles) and Felony Drug Trafficking (Meth, Marijuana) – Not Charged Due to Cooperation Agreement – Pinal County Attorney’s Office, US Attorney’s Office and ATF Investigated.

Mr. S had a female friend who asked to deposit some money into his bank accounts. He agreed and gave her his bank account numbers. Later on, she was contacted by a Pinal County attorney and she was questioned about the deposits. She said that she “sells cars” and that she would share the money with Mr. S. This turned out to be a lie. About one week later, the bank account of Mr. S was frozen, and he received a Forfeiture letter. Approximately $50,000 was deposited into his accounts over an 8-month timeframe.

Additionally, Mr. S had a male friend who would deposit money into the female friend’s account, who would then deposit it into Mr. S’ account. Every time Mr. S then returned an amount of $5,000 to the male friend, Mr. S would receive a $100 payment. It turned out that the male friend was selling drugs and was also running guns into Mexico for various organizations.

Once we became involved, the Pinal County Attorney’s Office had also brought the U.S. Attorney’s Office into the case. An Agent with the ATF also became involved, and we were able to negotiate a cooperation deal which would keep Mr. S from being charged with any crime. The US Attorney’s Office provided a Kastigar Letter and a Proffer Agreement. During the course of cooperation, Mr. S introduced undercover agents to various characters who were selling methamphetamine and guns. Ultimately, people were arrested and Mr. S was never charged with any crimes. In addition, we were able to stop any Forfeiture proceedings regarding the house owned by Mr. S by the Pinal County Attorney’s Office. Originally, Mr. S was facing decades in prison if he were to be convicted of all charges. Ultimately, he has no criminal record whatsoever.

U.S. v. Ms. G (DMC No. 14158) – Federal Felony Mortgage Fraud ($1,100,000), Federal Felony Bank and Wire Fraud, Felony Fraudulent Schemes, and Felony Forgery – Not Charged – Large National Bank Investigated.

Ms. G and her husband were going to purchase a large house for approx. $1,000,000. The appraisal information was sent from the loan originator, and the loan originator specifically asked if any funds were going to be pulled from a retirement account, to which Ms. G and her husband said “no.” Ultimately, discrepancies were found in the closing documents, and in order to close on the house, Ms. G had the house purchased in her husband’s name only. This was accomplished through a Special Warranty Deed signed by the husband “as a married man as his sole and separate property.” Ms. G signed a Disclaimer Deed disclaiming any interest in the property. Also, they both signed a Warranty Deed conveying property from husband’s sole and separate property to husband and wife.

The potential problem was that the Disclaimer Deed signed by Ms. G indicated that none of her assets or community assets were used in the purchase of the home. This is not accurate as a joint check was used for the purchase. In addition, the intent was always to use community assets to buy the home. After the closing, the bank discovered discrepancies and began investigating. A potential concern was that Forgery was committed, along with allegations of Fraudulent Schemes, and Mortgage Fraud per Arizona Revised Statue 13-2320. Lastly, a  potential for Federal Bank and Wire Fraud was also possible due to the federal loan documents which were signed.

We were able to show although Ms. G did not sign the document indicating the property was purchased with separate funds of the spouse, that it must be read in conjunction with the other documents signed by Ms. G at the same time. Specifically, that Mr. G. received title through the Special Warranty Deed the day before the Disclaimer Deed, and that he signed the Warranty Deed at the same time as the Disclaimer Deed, thereby suggesting that they were meant to function together to promote the buyers’ intent (as outlined in both the purchase contract and the loan pre-qualification form).

We were able to show that none of the documents were indicative of any intent to defraud. The only real issue had to do with community property issues down the road should they become divorced. Initially, Ms. G was facing the potential of multiple years in prison, but we were able to convince the bank not to turn this into a criminal matter and get the authorities involved.

State v. Mr. D (DMC No. 13039) – Felony Money Laundering ($1,100), Felony Conspiracy to Commit Sale or Transportation of Narcotics; Felony Sale or Transportation of Marijuana, Felony Use of a Wire Communication or Electronic Communication Device in a Drug Related Transaction and (3 Counts) Felony Aggravated Assault – Reduced to Facilitation, Assisting a Criminal Street Gang and Class 6 Aggravated Assault – All with Probation and a Total of 1 Year in DOC– Maricopa County Superior Court (Case No. CR2015-105571 and CR2015-114161).

The Phoenix Police Department was conducting an investigation into the North Side Mexican Brown Pride 21st Street Gang (MBP 21). This was done after they observed numerous hand to hand drug transactions between various gang members. The police had also documented purchases of heroin, rifles, shotguns and/or stolen vehicles between some of the gang members. At that point, they initiated a traffic stop in connection to an armed robbery suspect and discovered a stolen vehicle and $1,100 in cash. Upon questioning the driver, he stated that Mr. D had sold him some marijuana.

When Mr. D was detained, he admitted to selling marijuana to the juvenile just prior to the traffic stop. He was ultimately charged with Felony Money Laundering, Felony Conspiracy to Commit Sale or Transportation of Narcotic Drugs and Felony Use of a Wire Communication or Electronic Communication Device in a Drug Related Transaction.

Approximately 11 months after this incident with the police, he was also contacted regarding a claim by his then girlfriend that he had assaulted her. The allegations were that he pushed her onto a bed, held a hand over her mouth and grabbed her neck, which caused her air supply to be cut off for approximately 30 seconds. The girlfriend also claimed that he grabbed her by the throat a second time, kept her from leaving the apartment, and that he punched her in the arm. He was charged with 2 Counts of Aggravated Assault for the choking, and 1 Count of Misdemeanor Assault.

We became involved and were able to wrap up all the charges while Mr. D was being held as non-bondable for approximately 5 months in the county jail. We wrapped up the case with 1-year prison sentence, with credit for the 5 months he had already served. In addition, he received a two-month early kickout at the prison, which meant he spent another 5 months in custody before being released. He originally was facing a potential of over 15 years in prison if he were to be convicted of all charges and sentenced consecutively.

FELONY DISRUPTION of an EDUCATIONAL INSTITUTION, FELONY AGGRAVATED ASSAULT on a TEACHER and DISORDERLY CONDUCT NOT CHARGED – State v. Mr. T (DMC No. 7616) (Chandler Police Department DR No. 2005-13-4523): Mr. T was an emotionally challenged student at Chandler High School who was being bullied by fellow classmates. On that particular day, there was a substitute teacher teaching the class. When Mr. T got up to leave the class and walked directly to his counselors office to report what had occurred, the substitute teacher ran outside and alerted Security that Mr. T was leaving the classroom. When Security confronted and emotionally distraught Mr. T, he had a breakdown and they grabbed him.

One of the Security Guards was bending his thumb back and stating “I will break your thumb if you don’t comply”. Mr. T was struggling with the Security Guards and he kicked his teacher. He was subsequently charged with Felony Disruption of an Educational Institution pursuant to Arizona Revised Statute ARS 13-2911(A)(1). He was also charged with Felony Aggravated Assault on a teacher pursuant to Arizona Revised Statute ARS 13-1204(8)(d), and Disorderly Conduct. We were able to fully explain the situation to the Maricopa County Attorney’s Officer, and the Prosecutor elected not to file any charges against Mr. T.

2 COUNTS of AGGRAVATED ASSAULT DANGEROUS (Stabbed Victim twice with Knife), and 1 COUNT of LEADING a CRIMINAL STREET GANG REDUCED to ASSISTING a CRIMINAL STREET GANG with PROBATION and ZERO DAYS in JAIL – State v. Mr. L (DMC No. 8979) (Maricopa County Superior Court CR2008-176703): Mr. L was at a Walgreens store in West Phoenix with a group of friends known to be White Supremacists (i.e. “skin heads”). A verbal altercation began with some other people in the Walgreens that spilled out into the street. The man was surrounded and was eventually stabbed twice by somebody in the group. Mr. L was later arrested (with others) and charged with 2 counts of Aggravated Assault Dangerous and 1 count of Leading a Criminal Street Gang per Arizona revised statute 13-2301.

We were able to show the Prosecutor that Mr. L was not the one that actually stabbed the victim. We also could show that Mr. L was not the leader of the group. One of the other members had numerous convictions for Leading a Criminal Street Gang. We also showed that Mr. L was no longer involved in this type of behavior. The Prosecutor offered a plea to Assisting a Criminal Street Gang, and the Judge sentenced Mr. L to Probation with zero days in jail. The other members of the group were not so lucky.

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