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July 21, 2020
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 47 Miscellaneous Theft/Fraud Victories, 47C Racketeering (RICO) / Illegally Conducting an Enterprise (Federal Charge) Victories, 47D Bank, Mail and Wire Fraud (Federal Charge) Victories, 47R Securities Fraud, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. F (DMC No. 14985)

State v. Mr. F (DMC No. 14985) – (2 Counts) Felony Conspiracy ($30,000,000) to Manufacture and Distribute a Controlled Substance Analogue, Felony Conspiracy to Defraud the US, Felony Adulteration or Misbranding of a Drug, and Forfeiture – Forfeiture Dismissed and Other Charges Reduced to Probation With Zero Days in Jail – United States District Court, District of Arizona (Case No. CR-14-01607-1-PHX-SRB and United States District Court, Southern District of Alabama, Case No. 14-00272-CB):  Our client was a fitness buff who had a training facility in which he sold various body-building “supplements.”  He was charged with Conspiracy in two different Federal courts (Arizona and Alabama).  He was accused of importing chemicals from overseas, manufacturing chemical “analogues” to illegal drugs, packing and then distributing the drugs as “pot pourri” in various states.

The total quantity of the alleged illegal drugs was in excess of 110 kilograms of raw chemical, which was used to manufacture hundreds of kilograms of finished product, calculated as the equivalent of over 19,350 kilograms of marijuana.  The dollar amount alleged by the Government throughout the Conspiracy exceed $30,000,000.

We were involved in negotiations with the United States Attorneys’ Offices in several districts, as well as with the main Justice Department.  It took over a year of intense work from a cooperation and a lengthy sentencing battle in order to achieve an offer in which the Probation Department recommended a sentence of 78 months of prison time in Arizona, and 60 months, followed by 36 months of prison time in the Alabama case (all to run consecutively).  Due to our efforts, Mr. F was sentenced to Probation with Zero prison or jail time.  Lastly, the Forfeiture allegations which would have taken everything that Mr. F owned, were dismissed.  As part of the overall deal, any other charges which could have arisen out of any other Federal District Courts, were also permanently barred from being indicted.  These could have included Conspiracy (18 USC § 371), Fraud (18 USC § 545), Misbranding—as pot pourri (18 USC §§ 331A and 333(A)(2)), and Distribution (18 USC § 331(A)).

July 21, 2020
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47H Robbery: Standard, Aggravated, Armed Robbery Victories, 500 Assault / Violent Crime Victories, 54 Felony Aggravated Assault Dismissals, 69 Robbery Dismissals, 69-70A Robbery Victories, Case Victories

State v. Mr. L (DMC No. 15390)

State v. Mr. L (DMC No. 15390) – (2 Counts) Felony Armed Robbery (with Gun – $131,000) and (6 Counts) of Felony Aggravated Assault Dangerous – Dismissed – Maricopa County Superior Court (Case No. CR2017-114927).

The victim in this particular case was a member of the Salt River Indian Tribe. Pursuant to the tribal rules, whenever a tribal member turns 21 years old, they receive money that has been held in trust by the tribe, based on casino earnings. In this case, the victim had received $131,000 on his 21st birthday. The next day, while he was with several other individuals in his apartment, his door was kicked in and he was robbed at gunpoint.

The two people who broke in were wearing hoodies and bandanas. At one point, one of the victims called 911 and the phone is taken away from her. Unbeknownst to the robbers, the 911 operator was still on the phone and the Police were on their way. Eventually, one of the victims was shot in the stomach and the robbers fled before they could be caught. An Investigation proceeds and ultimately Mr. L is arrested at gunpoint.

When Mr. L was taken in, he stated he had knowledge of the robbery, but he was not involved. When asked if he looks like his younger brother he responds, “yes.” His younger brother had also been arrested. Once Mr. L was arrested and charged, we became involved in the case.

We were able to show that the guns found at Mr. L’s house did not match the guns that were used in the robbery. In addition, we presented a key alibi witness, who told Detectives Mr. L was nowhere near the scene. Lastly, we interviewed the witness who viewed the photo lineups, and it became apparent that this witness was coached into picking Mr. L out of the lineup. We conducted this interview with the Detective with the Prosecutor present, and then we discussed the filing of a Deserault Motion regarding the lineup being unduly suggestive. Ultimately, the Prosecutor saw all of the weaknesses that she had in her case, and she filed a Motion to Dismiss all charges against Mr. L. Originally, he was facing potentially the rest of his life in prison if he were to be convicted on all counts, and if they were to be run consecutively.

July 20, 2020
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 116 Drug Crime Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 47 Miscellaneous Theft/Fraud Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 47F Money Laundering (State Charge) Victories, 600 Drug Crimes Victories, 85 Drug Sales/Transportation Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. L (DMC No. 14773)

State v. Mr. L (DMC No. 14773) – Felony Illegal Control of an Enterprise (RICO), Felony Money Laundering and Felony Possession of Marijuana for Sale – Not Charged – Scottsdale Police Department Investigated (DR No. 20XX-XXXXXX9).

Mr. L was an independent contractor who was working to sell e-tickets for various sporting and entertainment events.  He worked out of a side office for the owner who also owned a mail and parcel express service. While he was working there selling event tickets, he learned that the owner was running a business known as Arizona Cancer Center. Basically, he would take “donations” of $250 in exchange for an ounce of marijuana.

This owner of Arizona Cancer Center was not licensed with the Dispensary Department/Medical Marijuana Program with the Arizona Department of Heath Services. At some point, the office was raided by Scottsdale PD and HEAT (High Enforcement Arrest Team). All of Mr. L’s computers and e-ticket company information was seized.

We became involved and we immediately contacted the Scottsdale Police Department. We were able to show that Mr. L had no involvement with the co-conspirators. All people involved were being investigated for Illegal Control of an Enterprise (RICO), per A.R.S. 13-2312A; Conspiracy, per A.R.S. 1003A; Possession of Marijuana for Sale, per A.R.S. 13-3405(a)(4); and Money Laundering, per A.R.S. 13-2317. We explained that Mr. L was an independent contractor who never sold any marijuana, and never received any money for the co-defendants selling of marijuana. In addition, we were able to show the authorities that he was a witness, not a co-conspirator. Although, all of the other members of the conspiracy were charged, Mr. L was never charged with any crimes, and has no felony record.

July 20, 2020
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 2500 Professional Board Hearings, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 47J Forgery Victories, 47M Insurance Fraud Victories, 47P Benefits Fraud Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. K. (DMC No. 13080 and DMC No. 11324)

State v. Mr. K. (DMC No. 13080 and DMC No. 11324) – Felony Medicare Insurance/Benefits Fraud ($1,500 Misappropriated from Medicare), Felony Fraudulent Schemes and Felony Forgery – Not Charged and Physical Therapy License Not Revoked at Professional Hearing – Arizona Board of Physical Therapy Investigated.

Mr. K worked as an independent homecare contractor regarding services for physical therapy. Mr. K allegedly billed Medicare for 15 home visits on a client in which he only did 7 visits. He was accused of signing the patient’s name on the visit confirmation slips for all 15 visits. He was eventually contacted by the Arizona Board of Physical Therapy regarding allegations of Medicare Insurance Fraud, Fraud Schemes, and Forgery.

We became involved when we represented Mr. K in front of the Arizona Board of Physical Therapy. Discrepancies in the record were clarified and Medicare was made whole. In the end, Mr. K was not charged with any criminal charges and he was allowed to keep his physical therapy license.

July 20, 2020
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, 47N Embezzlement Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B (DMC No. 13979)

State v. Mr. B (DMC No. 13979) – Felony Embezzlement ($1,855 Misappropriated from Educational Association), Felony Fraudulent Schemes and Artifices and Felony Theft – Not Charged –Bisbee Police Department Investigated (DR No. B20XX-XXX2).

Mr. B worked for four years in the Cochise County School Superintendent’s Offices as a grants administrator and educational services agency employee. While he was there, he formed a separate Educational Association in which received dues from other County Superintendent Offices. He originally opened an account at Bank of America in order to deposit monies into that account. He collected approximately $1,855 to start this Association.

He then dissolved the Association with the Corporation Commission fairly quickly, He then transferred the remaining money to a different bank’s account and he rolled it into a new private Educational Foundation. He then closed the original B of A account. He was subsequently contacted by the Bisbee Police Department to discuss possible Embezzlement/Fraud Schemes and Thefts allegations.

Mr. B then contacted our office and we immediately made contact with the Cochise County School Superintendent’s Office. We were able to demonstrate that the one Foundation was properly dissolved and that the monies were then rolled into a separate/new Educational Foundation. There was some debate about whether this could legally be done, and we ultimately agreed that Mr. B make the full restitution in exchange to resolve this matter civilly. The County Superintendent’s Office agreed, along with the Bisbee Police Department, and restitution was made in full. No charges were ever brought against Mr. B and he has no criminal record.

July 20, 2020
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 47P Benefits Fraud Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. T (DMC No. 13272)

State v. Mr. T (DMC No. 13272) – Felony Benefits Fraud ($2,000 Misappropriated from AHCCCS and SNAP) and Felony Fraudulent Schemes – Not Charged – Arizona Attorney General’s Office and Department of Economic Security Investigated (Case No. 20XX-XXXXX3).

Mr. T had been unemployed for 16 months due to a degenerative disc disease and he had been receiving medication and treatment. He sold his home in Colorado and moved to Arizona. When he arrived, he applied for benefits under AHCCCS (Arizona Health Care Cost Containment System) and for food stamps under SNAP (Supplemental Nutrition Assistance Program). When he applied, he failed to disclose that he had one bank account with $3,000, a second one with $17,000, and a third one with $88,000 (which was the result of the sale of his home in Colorado). He also applied for Social Security Disability benefits and was denied.

An Investigator with the Department of Economic Security contacted him about these other accounts and an investigation was opened. Mr. T hired our firm and we then became involved and we pulled all the documentation he had filled out when he originally applied for benefits. We were able to show by way of a neuropsychological evaluation that Mr. T had dyslexia, a somewhat lower I.Q. and did not fully understand the forms he was filling out. Ultimately, DES also got the Attorney General’s Office involved, however, we were able to convince both of them not to file any charges against Mr. T. Originally, he was facing a very serious felony, but he now has no charges on his record.

July 20, 2020
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 47P Benefits Fraud Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. G (DMC No. 13474)

State v. Ms. G (DMC No. 13474) – Felony Benefits Fraud ($13,700 Misappropriated from AHCCCS) and Felony Fraudulent Schemes – Not Charged – Department of Economic Security and Family Assistance Division Investigated.

Ms. G only had a high school education and was working part-time at a Subway sandwich shop as a sandwich maker. She had multiple health issues which included Type I diabetes, cystic fibrosis, depression, asthma, PTSD, etc. Many of these ailments rendered her partially disabled and she needed assistance from AHCCCS (Arizona Health Care Cost Containment System) in order to received medical care and medication.

While applying for AHCCCS benefits, she did not list all of her income. She omitted the fact that she had a $28,000 annuity/life insurance policy that was left to her by her grandfather. For several years while she was on AHCCCS, she made several withdrawals totaling $13,700, which was a violation of AHCCCS rules and the statute under A.R.S. 23-785. Ms. G suddenly received a letter from DES and the Family Assistance Division asking for an interview as they were conducting an investigation triggered by that annuity.

Once we became involved, we contacted the Investigator for DES and began revealing her total income. We also showed that these draws (spread out over several years) would not have affected her eligibility to receive AHCCCS benefits. Ultimately, AHCCCS agreed to allow her to reapply for benefits with the full disclosure of the balance of the annuity being revealed. Originally, she could have been charged with a very serious felony and lost her medical benefits. However, she was never charged and was able to continue getting her medical treatment and her medications.

July 20, 2020
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, 47P Benefits Fraud Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. G (DMC 12809)

State v. Ms. G (DMC 12809) – Felony Benefits Fraud ($8,500 Misappropriated from SNAP), Felony Fraudulent Schemes and Felony Theft – Not Charged – Arizona Department of Economic Security Investigated.

Ms. G was receiving food stamps through the Supplemental Nutrition Assistance Program (SNAP) on and off for about three years. In her application, she stated she had only between $1000 to $10,000 in savings. In reality, she had a 529 college savings account for her daughter which contained $87,000. She also had a UTMA account for her daughter in the amount of $105,000, and a Roth IRA for her children at $34,000. On top of that, she had a traditional IRA for $132,000, and a mutual fund account for herself which was valued at $150,000.

As she began going through divorce proceedings, she realized that the food stamps issue could become a criminal issue. She updated all of her income on the DES website and she ceased using food stamps. However, the DES saw the change on their website and began investigating her regarding the discrepancies. We then became involved and spoke with a DES Supervisor. During the course of speaking with the Supervisor, we indicated that her true income was basically zero when she started going through her divorce proceedings. We also pointed out that many of these accounts were retirement accounts, college payment accounts, or accounts in her children’s name, and not her name. The supervisor agreed with us and indicated that since she is no longer seeking supplemental nutritional assistance, that they would not view the past use of food stamps as a Benefits Fraud. No charges were ever brought against Ms. G. If they were, it could have seriously affected her ongoing custody battle in her divorce case.

July 20, 2020
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, 47 Miscellaneous Theft/Fraud Victories, 47J Forgery Victories, 47N Embezzlement Victories, 47O Identity Theft Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. R (DMC No. 14569)

State v. Ms. R (DMC No. 14569) – Felony Embezzlement ($50,000 Misappropriated from Interior Design Business), Felony Fraudulent Schemes, Felony Theft, Felony Identify Theft, Felony Forgery and Felony Obtaining a Credit Card by Fraudulent Means – Not Charged – Phoenix Police Department Investigated (DR No. 20XX-XXXXXXX3).

Ms. R was employed as a bookkeeper/personal assistant to the owner of an interior design business. She had access to all information regarding the business, and access to the checking accounts in order to pay business expenses. She was accused of using 3 different bank accounts and obtaining 5 different credit cards fraudulently by assuming the identity of the owner. Over the course of three years, she allegedly embezzled over $50,000.

We were brought into the case and we began defending Ms. R. We contacted the interior design business owner’s husband who was a licensed attorney in Arizona. We were able to demonstrate that some of the credit cards obtained were actually in our client’s name, and those were used actually to pay business expenses. The itemized business expenses on the credit card were then paid by company check. What became problematic was demonstrating other credit cards taken out in the owner’s name had a forged signature on the application in violation of ARS 13-2102. The owners ultimately filed a police report with the City of Phoenix. We had always contended that this was actually a civil matter, and not a criminal matter, and ultimately the Phoenix Police Department did not forward the case onto the County Attorney’s Office for charging. No criminal charges were ever brought against Ms. R. If they had been, and if she were convicted of all charges, she would have faced well over a decade in prison. As it finalized, no criminal charges were ever brought against Ms. R and she has no criminal record.

July 20, 2020
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 116 Drug Crime Pre-Charge Victories, 1900 Federal Court Victories, 400 Theft / Fraud Crime Victories, 47D Bank, Mail and Wire Fraud (Federal Charge) Victories, 47E Money Laundering (Federal Charge) Victories, 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 68 Child/Vulnerable Adult Pre-Charge Victories, 79 Miscellaneous Violent Crimes Victories, 85 Drug Sales/Transportation Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

U.S. v. Mr. S (DMC No. 14784)

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.

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