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July 20, 2020
Posted on Author By dmcantor Categories 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, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 68 Child/Vulnerable Adult Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. M (DMC No. 15188)

State v. Mr. M (DMC No. 15188) – Felony Fraudulent Schemes ($72,500), Felony Vulnerable Adult Abuse and Felony Theft – Not Charged – Adult Protective Services Investigated (Case No. 31XXXX).

Mr. M had a website building and SEO (Search Engine Optimization) company who would reach out to various website owners in order to sell them their services. The purpose was to improve their websites’ rankings and increase the actual organic traffic to the websites. Mr. M made contact with Bruce (a former lawyer) who was 79-years old. Bruce had a law website, but had a dream of building a directory website that was similar to “Angie’s List” for businesses. He was ultimately quoted a flat fee of $15,000 and he signed a contract.

Throughout the building of the site, he was repeatedly asked for more money and ultimately paid $72,500. The purpose of the site was changed from a directory to a site that would help people improve their credit scores. That particular site actually ended up generating approximately $30,000 in revenue to Bruce.

As Bruce was now in his eighties, his daughters sought to get a conservatorship and claim that he was suffering from dementia. They made a claim with Adult Protective Services that Mr. M had Taken Advantage of a Vulnerable adult in the amount of $72,500.

We became involved with the case and we contacted the Investigator for Adult Protective Services. We were able to show all the work performed on multiple sites, along with the change in direction of the site’s purpose, would justify the full $72,500. During this time, Bruce’s daughter sought to get a civil lawyer involved to potentially file a lawsuit. We also dealt with the civil lawyer and no civil complaint was ever filed. In addition, Adult Protective Services declined to seek any prosecution and they relayed the “turn down” of prosecution by the Arizona Attorney General’s Office to us. Mr. M was originally facing very serious felony charges which could have placed him in prison. Now, he has no criminal record whatsoever.

July 20, 2020
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 1900 Federal Court Victories, 400 Theft / Fraud Crime Victories, 47A Mortgage Fraud Victories, 47E Money Laundering (Federal Charge) Victories, 900 Pre-Charge Case Victories, Case Victories

U.S. v. Ms. R (DMC No. 12749)

U.S. v. Ms. R (DMC No. 12749) – Federal Felony Money Laundering ($100,000) and Federal Felony Mortgage Fraud – Not Charged – US Postal Inspection Service Investigated; US Attorney’s Office Reviewed.

Ms. R had become friends with a lady by the name of “Elizabeth” who would borrow money from her quite often. She had met Elizabeth’s husband, a Mexican National, and she became a bit suspicious about her loans. One of these loans involved a $100,000 amount for a down payment on a house for Elizabeth. Ms. R signed a document stating that the money was not a loan, and that it was a gift. This was a knowingly false statement which could constitute Mortgage Fraud.

Several months later, the $100,000 was repaid to Ms. R. Shortly after that time, a Postal Inspector from the U.S. Postal Inspection Service contacted Ms. R about that money. Ms. R admitted that it was not a gift, and that it was repaid. The Postal Inspector informed her that she not only committed Mortgage Fraud, but most likely the repayment of the money was drug proceeds from her friend Elizabeth and her husband. This would constitute Money Laundering.

We became involved and we contacted the Postal Inspector. We then involved an Assistant U.S. Attorney in order to negotiate a “cooperation” deal in which Ms. R would be a witness. We were able to show them that she was unwittingly duped by Elizabeth and her husband. They agreed to not file charges in exchange for cooperation. Ultimately, Elizabeth’s husband was charged and convicted. No charges were ever brought against Ms. R. Initially, she was facing many years in prison due to the severity of the charges and the amount of fraud involved.

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. K (DMC No. 14801)

State v. Mr. K (DMC No. 14801) – Felony Embezzlement ($109,000 Misappropriated from a Non-Profit Educational Foundation), Felony Fraudulent Schemes and Felony Theft – Not Charged – Educational Foundation Investigated.

Mr. K secured his position as a Treasurer of an Arizona non-profit educational foundation. He informed them that he was a CPA, when in reality he had passed the CPA exam, but he did not have enough hours to actually receive his certification. In order to secure the position, he also informed them that he would be donating the office rent payment at approximately $1,000 a month while in that position. Again, in reality he was taking funds from the foundation’s checking account to pay those rent payments.

He held the position as Treasurer for 13 years. During that time, he misappropriated approximately $109,000 for both the office rent, and for his personal expenses. The Director, President/CEO and the Secretary began asking questions about the books being “sloppy.” Mr. K then secured our services in order to help him from being charged with any criminal activity. We contacted the Foundation and presented an accounting that showed much of the benefit was the rent paid for the Foundation’s offices. In other words, they were not actually out the benefit of the money used to pay the rent. We also showed that Mr. K’s elderly wife had various medical problems and dementia, and this placed a heavy mental toll on him. Ultimately, we were able to secure an agreement which would allow Mr. K to make a $30,000 payment over time, and no criminal charges would be sought against him. Originally, he was facing mandatory prison time due the amount of loss being above $100,000.

July 20, 2020
Posted on Author By dmcantor Categories 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, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. E (DMC No. 14732)

State v. Mr. E (DMC No. 14732) – Felony Fraudulent Schemes ($180,000 in Reversed Credit Card Charges) and Felony Theft – Not Charged – Tolleson Police Department and FBI Investigated.

Mr. E owned a waste solutions company and he acted as a waste broker working primarily in the state of Arizona however, he did some work in California, Texas and Colorado. As a broker of trash services, he was in the front load commercial service and roll off container business. He also placed portable toilets, fencing and storage containers for many fencing projects.

As a broker, he developed a close working relationship with a large international waste disposal company that he used as his primary hauling company. During a course of normal business, he used the following process: he would call or email in his request to customer service and they would charge a Visa debit card they had on file. The type of service requested was based on pre-determined and negotiated prices. When he placed the order, the large waste disposal company would charge his card and send him a purchase confirmation sheet receipt so that he would know that they received his order for the requested work, and that they were paid for the haul to the jobsites. This process was in place for an average of 50 times a month. Occasionally, he would receive invoices and he would call to see if they were actually paid or if he had open balances, and he was always told that they were paid in full. Lastly, as to the portable toilet service, he was billed every 28 days and the customer service representative of the large waste disposal company would simply run his credit card again and send him a receipt after it was completed.

Ultimately, Mr. E received a threatening phone call from one of the managers at the large waste disposal company claiming Mr. E had reversed charges for an amount of $180,000 over the past several years. He strongly disputed this and he was told by the company that they had contacted the Tolleson Police Department, and T.P.D. was referring the matter over to the FBI. We then became involved and immediately contacted the waste disposal company’s Attorney in order to get detailed spreadsheets of all charges and reversed charges. The company could not show that Mr. E had any knowledge of charges being reversed. In addition, it was questionable why it took years for the waste disposal company to see that charges had been reversed. Ultimately, the case appeared to be one of sloppy accounting practices. Civil resolution was reached in which $80,000 of the $180,000 disputed amount was paid in order to settle the case. Ultimately, no charges were brought against Mr. E for Fraudulent Schemes or Theft. If they had, he would have been facing a mandatory prison sentence if convicted due to the amount in question being above $100,000.

July 20, 2020
Posted on Author By dmcantor Categories 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, 47 Miscellaneous Theft/Fraud Victories, 47D Bank, Mail and Wire Fraud (Federal Charge) Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 68 Child/Vulnerable Adult Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. D (DMC No. 15136)

State v. Mr. D (DMC No. 15136) – Felony Fraudulent Schemes ($350,000 Misappropriated Wire Transfer), Federal Felony Bank and Wire Fraud, Felony Theft, Felony Vulnerable Adult Abuse and Felony Unlawful Use of Power of Attorney – Not Charged – Mesa Police Department Investigated (DR No. 20XX-XXXXXX3) and  CFA Institute Investigated.

Mr. D was a financial planner. His mother went in for surgery and passed away. After that, his father (actually his grandfather that adopted him when he was a child) asked for help with his financial affairs because he was getting older and more forgetful. They then met with an Attorney and signed a Power of Attorney. This gave Mr. D access to a joint account with his father.

At some point, Mr. D wired $350,000 into his own account which he used to pay off his own mortgage. Also, funds were used to pay off about $80,000 on a Discover card. That $80,000 was later clawed back by his father. Lastly, he took a $124,000 payment to himself.  The balance was then used to purchase a third condominium for his father’s trust. Mr. D also transferred two other condominiums into the trust, which resulted in a net positive of $65,000 to his father. Because everything totaled positive for his father’s trust, he assumed that he had done nothing wrong. However, he was contacted by Mesa Police and the CFA Institute regarding various improprieties. Mesa Police were looking into Felony charges of Fraud Schemes, Unlawful Use of a Power of Attorney, Theft, and Vulnerable Adult Abuse. There was also a potential for a Felony Federal Bank and Wire Fraud claim due to the use of the wire transfer to a federal banking institution.

We became involved and we were able to shut down the investigation and keep it purely as a civil matter.  Through the course of the civil lawsuit, a proposal was made to have Mr. D. repay his father $400,000, in exchange for merely keeping  all three condominiums. Ultimately, the case resolved civilly and there were no criminal charges ever brought against Mr. D. Originally, Mr. D was facing mandatory prison time due to the fact that the amount of loss was above $100,000.

July 20, 2020
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 2300 Forfeiture Victories, 400 Theft / Fraud Crime Victories, 47F Money Laundering (State Charge) Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. C (DMC No. 14461)

State v. Mr. C (DMC No. 14461) – Felony Money Laundering ($362,000 Cash and 37 Gold Coins) – Not Charged and Property Not Forfeited – Lake Havasu Police Department Investigated (DR No. 20XX-XXXXX3).

Mr. C was a Lake Havasu resident who had been riding as a passenger in a car with a friend of his. He and the other gentleman had been drinking, and at some point the driver had stopped the vehicle partially blocking two separate roadways. Mr. C had gotten out of the vehicle and was laying on the ground in a highly intoxicated state. When police arrived, they arrested the driver for DUI, and they arrested Mr. C for “offensive conduct” and open container.

Inside of the vehicle, they found one open bottle of scotch and five unopened bottles on the passenger side floorboard. Upon searching the vehicle, they also found $362,000 in cash along with 37 gold coins (with a value of approximately $55,000).

The police immediately suspected them of Money Laundering, and they obtained a search warrant to search his house. They also seized the money, the coins and his vehicle.

We became involved in the case and we were able to show the police that Mr. C does not trust banks and he has been saving for over twenty years and keeping his money at his house. He also was an avid gold coin collector. We showed them where the hidden compartments in his home are that he has been using as his own personal bank vault. In addition, we put together a statement with documentation showing them what really happened the night Mr. C was arrested. Mr. C’s 8-year old granddaughter had leukemia and was not doing well. In a drunken stupor Mr. C asked his friend, who was also drunk, to drive him to Las Vegas so he could hire a doctor. He took all of his cash and 37 of his gold coins in order to hire this doctor. We were also able to produce past business records which showed that all of the money was legitimately earned. No charges were ever brought against Mr. C, and his money, coins and car were all returned.

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, 47A Mortgage Fraud Victories, 47N Embezzlement Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. G (DMC No. 14590)

State v. Mr. G (DMC No. 14590) – Felony Embezzlement ($471,640), Felony Mortgage Fraud and Felony Fraudulent Schemes – Not Charged – Enforcement and Compliance Division of the Arizona Department of Real Estate Investigated (File No. XXF-DI-XXX-REL).

Mr. G owned a global investment company and he was issued a real estate license through the Arizona Department of Real Estate. Later, he was also issued a broker’s license and a salesperson license. The Department of Real Estate conducted an onsite audit of Mr. G’s books and they found varying discrepancies.

His employees were negligent in the performing acts, which required a license, and they did not exercise supervision over the company. Specifically, property management duties were not properly handled. At one point, a property management agreement which was utilized by Mr. G which did not contain a clause stating that the PMA cannot be assigned to another licensee, or licensed entity, without the expressed written consent of the property owner as required by A.R.S. 32-2173(A) (1) (j).

The main issue was that the property management trust agreement, journals and client ledgers were not in balance with each other. This is required by A.R.S. 32-2151(B) (2). The resulting shortage was an amount of $471,640. The Department of Real Estate alleged that Mr. G had opened a line of credit from Chase Bank for approximately $300,000. They alleged that he had done this by purchasing Certificates of Deposit with trust fund account money and used that as collateral to secure the line of credit. They then alleged that he later bought properties to use for himself, and not for the benefit of his clients. Ultimately, the Arizona Department of Real Estate filed a Cease and Desist Order and set the case for a Hearing in front of an Administrative Law Judge. In addition, civil lawsuits were filed against Mr. G.

We became involved at the request of Mr. G’s civil counsel in order to prevent criminal charges from being filed. We were able to show that the entire amount of money that was supposedly missing was actually still deposited with the bank in various CDs. We were also able to show prior email communications with somebody in the Department of Real Estate who indicated that securing a line of credit with the CDs was “okay”, since the money couldn’t be touched and was being held at the actual bank. Eventually, all of the clients were made whole, and after a Motion to Stay the civil proceedings was filed, the case resolved.

July 20, 2020
Posted on Author By dmcantor Categories 1900 Federal Court Victories, 2300 Forfeiture Victories, 400 Theft / Fraud Crime Victories, 47E Money Laundering (Federal Charge) Victories, 47J Forgery Victories, 600 Drug Crimes Victories, 84 Drug Sales/Transportation Reduced, 86 Miscellaneous Drug Crime Victories, 86A Manufacturing of Dangerous Drugs Victories, Case Victories

U.S. v. Mr. T (DMC No.14567)

U.S. v. Mr. T (DMC No.14567) – Federal Felony Conspiracy to Commit Money Laundering ($175,000), Felony Conspiracy to Distribute a Controlled Substance (5kg of Steroids/383,000 Dosage Units), Felony Conspiracy to Import a Controlled Substance, and Related Forfeiture Issues – Reduced to 1 Count Conspiracy with Intent to Distribute Steroids with Probation and 7 Months of Incarceration and  Forfeiture Amount Reduced from $175,000 to $25,000 – United States District Court, District of Arizona (Case No. CR-15-01044-002-PHX-DLR).

Investigators in Phoenix became aware of seizures of packages at the Port of Entry in San Francisco, which were destined for Phoenix and contained both anabolic steroids and synthetic male hormones. One package contained 400 tablets of counterfeit Cialis, and 200 tablets of counterfeit Viagra. Although they are not controlled substances, they are frequently used in conjunction with anabolic steroids to counter impotency.

An investigation unwound in which Mr. T and his co-defendant were seen on a weekly basis traveling to a commercial warehouse in Phoenix. They would then go to various post offices and postal stores to mail parcels to destinations outside of Arizona. The Agents confirmed that the packages contained anabolic steroids and other controlled substances. Investigators also discovered that Mr. T and the co-defendant would travel to multiple Safeway stores and Fry’s stores that advertised Western Union services. They would do multiple wire transfers for $925. Any Western Union money transfer over $999 requires identification. By keeping the number under $999, they were able to avoid detection per that requirement.

During the investigations with the Postal Inspectors, they discovered that over a three-year period Mr. T had sent wire transfers to Israel and China totaling more than $75,000. Other wire transfers were discovered and eventually an arrest warrant was issued. Mr. T was found to be holding $25,000 in cash, over 300,000 dosage units of steroids, and multiple pieces of equipment for manufacturing steroids from analog chemical components. Agents seized approximately $125,000 of Mr. T’s cash, along with a Toyota Prius.

We became involved in the case and began working with the Assistant U.S. Attorney and the investigating Agents. Mr. T demonstrated a complete acceptance of responsibility through cooperation with Agents, whereby they were provided information on sources of steroids that come in from different countries including Israel, Turkey, Moldovia, Bosnia, and China. Ultimately, the Assistant US Attorney agreed to extend an offer which included 1 year in prison.

Mr. T was ultimately charged with Felony Conspiracy to Commit Money Laundering, per 18 U.S.C. 1956(h); Conspiracy to Distribute a Controlled Substance – 5kg of Steroids/383,000 Dosage Units, per 21 U.S.C. 846; Felony Conspiracy to Import Controlled Substances, per 21 U.S.C. 963; and a Forfeiture Action was filed regarding $175,00 in cash and a Toyota Prius, per 18 U.S.C. 981, 21 U.S.C 853 and 881, and 28 U.S.C. 2461(c). At the time of Sentencing, we were able to present significant mitigation to the Judge and have the sentence reduced to a mere 7 months. In addition, at the Forfeiture Proceedings involving this case, the amount was reduced from $175,000 down to $25,000, thereby saving Mr. T approximately $150,000 of his money. Potentially, Mr. T could have spent well over a decade in prison if there had been no mitigation and cooperation proffered in his case.

July 20, 2020
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 1900 Federal Court Victories, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 47A Mortgage Fraud Victories, 47D Bank, Mail and Wire Fraud (Federal Charge) Victories, 47J Forgery Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 600 Drug Crimes Victories, 79 Miscellaneous Violent Crimes Victories, 84 Drug Sales/Transportation Reduced, 86C Use of a Wire Communication on a Drug Transaction Victories, 900 Pre-Charge Case Victories, Case Victories

U.S. v. Ms. G (DMC No. 14158)

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.

July 20, 2020
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47F Money Laundering (State Charge) Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 600 Drug Crimes Victories, 79 Miscellaneous Violent Crimes Victories, 84 Drug Sales/Transportation Reduced, 86C Use of a Wire Communication on a Drug Transaction Victories, Case Victories

State v. Mr. D (DMC No. 13039)

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.

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