August 9, 2015

August 9, 2015 By dmcantor 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

August 9, 2015 By dmcantor 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

August 8, 2015 By dmcantor 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

August 8, 2015 By dmcantor 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

August 7, 2015 By dmcantor 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.

August 7, 2015

August 7, 2015 By dmcantor 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. Ms. M (DMC No. 8709)

NOT CHARGED | FRAUDULENT SCHEMES ($84,000) THEFT and EMBEZZELMENT – State v. Ms. M. (DMC No. 8709) (Tempe Police Department DR08-094786): Ms. M. was involved in a family business with her sister and her mother. Over the course of 12 years, the mother increased Ms. M.’s percentage of the profits, and had her conduct bookkeeping and sign “K1’s” for tax purposes. It was discovered that Ms. M.’s mother owed Ms. M. and her sister upwards of $250,000, and they filed a civil lawsuit against their mother. The mother then claimed that Ms. M. and her sister had been embezzling from her, and there was no agreement to increase percentages of the profit over the previous 12 years. We conducted a “free talk” with Tempe Police Department, and claimed a polygraph was conducted on Ms. M. (in which she passed). In addition, we dealt with a civil attorney who was working on Ms. M.’s behalf, and we were able to present additional evidence regarding Ms. M.’s innocence. Although she was facing prison for allegedly embezzling $84,000, no charges were ever brought against Ms. M.

August 6, 2015

August 6, 2015 By dmcantor 114 Theft and Fraud Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 46 Theft Pre-Charge Victories, 47M Insurance Fraud Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. G (DMC No. 5236)

INSURANCE FRAUD ($59,000) AND FRAUDULENT SCHEMES NOT CHARGED – State v. Mr. G. (DMC No. 5236) (Arizona Department of Insurance/Arizona Attorney General’s Office Investigated): Mr. G. and his wife owned a company that installed glass for store front windows. Their controller had begun writing personal checks and embezzling from their company. She was doing this by forging Mr. G’s signature. Mr. and Mrs. G ultimately terminated the employee and filed claims with their insurance company. The insurance company and the Attorney General’s Office began investigating Mr. and Mrs. G because the checks had appeared to have been signed by them. In addition, the former Controller was falsely claiming that Mr. and Mrs. G had signed the checks and that they were committing fraud.

We were able to begin an investigation in which we went back to the Controllers former employers and ex-husband. They all indicated that she had stolen in the past and was a “thief” and “liar”. We also brought in a hand writing expert who proved that Mr. and Mrs. G had not signed the checks. This was all presented to the Department of Insurance and the Arizona Attorney General’s Office, and no charges were brought against Mr. and Mrs. G. Their former Controller, however, was charged with multiple crimes.

August 6, 2015

August 6, 2015 By dmcantor 400 Theft / Fraud Crime Victories, 45 Theft Reduced, 47Q Trafficking in Stolen Goods Victories, 700 Property Crime Victories, 94 Burglary Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. BH; State v. Mr. CH; State v. AM (DMC No. 6017, 6024, 5993)

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.

August 5, 2015

August 5, 2015 By dmcantor 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. L (DMC No. 5603)

NOT CHARGED | FRAUD SCHEMES ($54,000) NOT CHARGED – State v. Mr. L. (DMC No. 5603) (AHCCS Investigated): Mr. L. elderly father had a stroke, and needed healthcare. Mr. L. had his elderly father sign over a quick claim deed for his house to himself, and then his elderly father applied for benefits. Because there were allegations that Mr. L.’s father was not truly indigent, AHCCS began investigating him. We were able to work out a civil resolution, and no charges were ever brought against Mr. L. If he were charged, he would have been facing years in prison.

August 5, 2015

August 5, 2015 By dmcantor 400 Theft / Fraud Crime Victories, 45 Theft Reduced, 47N Embezzlement Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. N (DMC No. 4798)

EMBEZZLEMENT/THEFT ($20,000) REDUCED to Class 6 Open/Misdemeanor with PROBATION and ZERO DAYS in JAIL –State v. Mr. N (DMC No. 4798) (Maricopa County Superior Court CR2004-037996): Mr. N was employed at a hay farming business and was entrusted with the company’s checking account when the 85 year old owner was hospitalized for hip surgery. Upon the owner’s return, he discovered that Mr. N had negotiated various checks to himself and had been running side business with clients in violation of his Employment Agreement. The total loss to the owner was over $20,000. We were able to show the Prosecutor and the Judge that Mr. N had financial troubles and was struggling to support his wife and children. We ultimately secured an offer to a “Class 6 open/Misdemeanor” which included Probation and zero days jail. After Mr. N successfully completed Probation and paid back his former boss, his charge was reduced to a Misdemeanor. He has no felonies on his record.

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