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July 20, 2020
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47F Money Laundering (State Charge) Victories, 600 Drug Crimes Victories, 82B Possession/Paraphernalia Reduced, 84 Drug Sales/Transportation Reduced, Case Victories

State v. Ms. H (DMC No. 13022)

State v. Ms. H (DMC No. 13022) – Felony Money Laundering ($162,622), Felony Possession of Marijuana and Felony Possession of Drug Paraphernalia – Reduced to Solicitation and Possession of Drug Paraphernalia, both Class 6 Open/Misdemeanors with Probation and Zero Days in Jail – Yavapai County Superior Court (Case No. CR2015-00506).

Ms. H was riding as a passenger in her husband’s truck along the I-40 when they were observed by a Yavapai County Sheriff’s Deputy. The deputy stated that the truck’s temporary license plate was flopping up and down, and that several items that were on the dashboard and the windshield of the truck were causing an obstructed view. Based upon this very questionable observation, the officer stopped Ms. H and her husband. When stopped, Ms. H’s husband stated that he borrowed the truck from a friend. The officer then claimed he smelled an odor of marijuana.

Ms. H’s husband said they were traveling from Kansas to Las Vegas, and when asked about the marijuana, he said he had an eighth of an ounce and a medical marijuana card. It was then discovered that he had an extraditable felony warrant out of Maricopa County for Possession of Marijuana and he was placed under arrest. The officer then began to question Ms. H and search the vehicle.

Discovered inside the vehicle, was three jars filled with marijuana that totaled 3.3 ounces. In addition, there was a purse which contained $75,000 in cash; a backpack which contained $86,000 in cash; and Ms. H’s purse which contained $37,000 in cash. This totaled $162,000. Ms. H and her husband were placed under arrest, and their 5-year old and 10-month old children were turned over to DCS workers

During questioning, Ms. H’s husband said that he was the one selling marijuana, and that his wife had no knowledge. Ms. H admitted to knowing there was marijuana in the bag and that she knew she had $37,000 in her purse. We were able to argue that the stop was a pretext stop (most likely as a result of a confidential informant), and that due to the fact English was a second language, her interrogation could have been misconstrued, plus the fact that her husband had stated that she had no knowledge. Because of all of this, we were able to secure a plea to 1 Count of Facilitation to Commit Money Laundering and 1 Count of Possession of Drug Paraphernalia, both as Class 6 Open/Misdemeanors. This included Probation with zero days in jail. Also included was an agreement to forfeit the $162,000 and the 2012 Chevy Silverado which they were driving at the time. Originally Ms. H was facing well over a decade in prison if convicted of all charges and sentenced to the maximum, instead she successfully completed probation and only has a misdemeanor on her record.

July 20, 2020
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47F Money Laundering (State Charge) Victories, 600 Drug Crimes Victories, 82B Possession/Paraphernalia Reduced, 84 Drug Sales/Transportation Reduced, Case Victories

State v. Mr. W (DMC No. 13884)

State v. Mr. W (DMC No. 13884) – Felony Money Laundering ($14,000), Felony Transportation of Marijuana For Sale and Felony Possession of Drug Paraphernalia – Reduced to Facilitation Class 6 Open/Misdemeanor with Probation and 2 Days in Jail – Navajo County Superior Court (Case No. CR2015-00846).

A Sergeant with the Navajo County Sheriff’s Office claimed that he was on the side of the road doing paperwork when he saw a car drive by with beads and a triangular air freshener hanging from the rearview mirror. He claimed that it was obstructing the driver’s view, so he then followed and pulled over the driver and the two passengers. The Sheriff’s Sergeant claimed that he smelled marijuana, and then did a search, and found a backpack containing three jars of marijuana and a glass pipe. When the three co-defendants were questioned, they all began blaming each other. Eventually, a deal was struck where one of the co-defendants told the Sergeant that Mr. W was also driving a different car that contained marijuana and a large amount of cash. That co-defendant was then released from custody.

When Mr. W was driving down the road, another officer received a radio call asking to stop a car matching Mr. W’s description. Mr. W was stopped, he was not Mirandized, and a search took place of his vehicle. A container with green residue of marijuana was contained in his backpack, along with $14,000 in cash. Mr. W had a medical marijuana card from California and the amount of marijuana found was well within the legal amounts authorized by the AMMA. Once we became involved in the case, we were able to show the Prosecutor that the stop was very questionable. After interviewing the arresting Officer, he could not even remember whether he saw any driving violations or why he was instructed to stop Mr. W. Because of the threat to file a Motion to Suppress All Evidence, the Prosecutor agreed to instead offer a Facilitation plea to a Class 6 Open/Misdemeanor Distribution with only two days in jail. Mr. W was even allowed to do the jail time in the state of Kansas (where he was from). Although he was initially facing a potential of 10 years or more in prison if convicted of all counts and sentenced to consecutive terms, he ended up ultimately completing probation and having only a misdemeanor on his record.

July 20, 2020
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 45 Theft Reduced, 47P Benefits Fraud Victories, Case Victories

State v. Mr. F (DMC No. 13324)

State v. Mr. F (DMC No. 13324) – (26 Counts) Felony Benefits Fraud ($6,200 Misappropriated from Unemployment Insurance), Fraudulent Schemes and Theft – Reduced to Misdemeanor False Statements with Zero Days in Jail – Maricopa County Superior Court (Case No. CR2015-000358).

Mr F had previously worked for a credit card processing company which was owned by his parents. He was ultimately let go from that job because of various problems. However, his parents did not tell him that they kept him on the payroll at minimum wage, and then direct deposited those paychecks to a bank account that he did not know about. They did this in order so that their son would not lose health insurance and would be able to pay child support that came out of that bank account. Mr. F, unbeknownst to his parents, then began applying for unemployment benefits.

After that point in time, he went to work for another payment solutions company for approximately 6 year. The company was audited by the Department of Economic Security’s Inspector General, Fraud Department, Criminal Investigator. It was discovered that Mr. F had received approximately $6,200 in benefits for unemployment while he was on his parents’ payroll. We became involved in the case and immediately contacted the Assistant Attorney General who was handling the prosecution. We explained the situation and made full restitution as quickly as possible. The Prosecutor still felt that Mr. F should have known he received benefits for 26 months, because his child support payment was still being made. However, he agreed to dismiss all but 1 Count of False Statements per ARS 23-785, which was amended down to a Misdemeanor, and included a $166 fine. Mr. F was originally facing quite a bit of prison time, but it was ultimately resolved with a small fine and no jail whatsoever, and he only has a Misdemeanor on his record.

July 17, 2020
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 45 Theft Reduced, 47 Miscellaneous Theft/Fraud Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Mr. D (DMC No. 14392)

Mr. D was a Sergeant for the Phoenix Police Department who had worked there for a number of years. An audit was conducted on his timesheets by the Department’s Professional Standards Bureau Inspection Unit based upon tips from other disgruntled officers who worked below Sergeant D. It was determined that Sergeant D had falsified his timesheets and had been overpaid for 206 hours of work based upon either showing up late, leaving early, or not showing up to work at all, and yet claiming full time employment. Ultimately, Sergeant D was charged with Felony Tampering with Public Records per A.R.S. 13-2407, Felony Fraudulent Schemes and Felony Theft. After these charges arose, Sergeant D retired from the Phoenix Police Department.

When we became involved in the case, we had Sergeant D pay back the misappropriated $9,861 immediately. In addition, we sent the Prosecutor mitigation documents showing that Sergeant D had been in the Air Force, was married with children, and he had been stabbed while on duty as a Police Officer, in which he had received multiple service metals for bravery and other commendations. We also showed that he was fired upon by a suspect who ended up killing a fellow Officer directly in front him. This left Sergeant D with PTSD that was never properly treated or addressed by the Phoenix Police Department.

Once we received an offer to the Class 6 Open/Misdemeanor Theft with Probation, we then proceeded to Sentencing. After a very detailed Sentencing with numerous letters and people from the community speaking on Sergeant D’s behalf, we were able to secure a Sentence of only 9 months of Probation and zero days in jail. Initially, Sergeant D was facing the prospect of prison time and the loss of his pension. Neither of those things happened.

July 17, 2020
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 45 Theft Reduced, 47P Benefits Fraud Victories, Case Victories

State v. Mr. W (DMC No. 14179)

Mr. W had gone through a divorce and his ex-wife lived with their child in California. He would have the child over Christmas break and in the summers. He applied for benefits through AHCCCS (Arizona Health Care Cost Containment System) for healthcare and for SNAP (Supplemental Nutrition Assistance Program) for food stamps. He included his daughter as a full time dependent and resident and part of those benefits. Over time, he received more than $10,000 in benefits.

An Investigator for AHCCCS began looking through the case and called Mr. W. He told the Investigator that his child did live with him, however, he could not remember the name of the grade school the child attended. The Investigator then called the mother who confirmed that the child lived with her year-round, except for summers and during the Christmas break. Ultimately, Mr. W was charged with 8 Counts of Unlawful Use of Food Stamps/Benefit Fraud, 2 Counts of Fraud Schemes and 2 Counts of Theft. Cost of the actual loss and investigation came to a grand total of $11,521.

Once we became involved in the case, we began having Mr. W repay the government all of the money that they had lost. We informed the Prosecutor of this and we also sent over a mitigation package. That mitigation package included letters from family, friends and coworkers, totaling 40 in number. Due to the great amount of community support, combined with a lack of any real criminal history, the Prosecutor agreed to extend an offer for Attempted Fraudulent Schemes as a Class 6 Undesignated Felony which allowed Mr. W to earn a Misdemeanor. It also included Probation with zero days in jail. Initially, Mr. W was facing well over a decade in prison if convicted on all charges and sentenced to the maximum consecutive punishment.

July 17, 2020
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 45 Theft Reduced, 47P Benefits Fraud Victories, Case Victories

State v. Mr. W (DMC No. 14191)

Mr. W worked as a Banquet Captain for the Omni Hotel Management Corporation for years. For a period of 117 weeks, he collected Unemployment Benefits as if he was unemployed. When he would get work, he was supposed to report any earnings he received. He only reported earnings 17 times out of the 117 weeks, and all of those earnings were underreported. He was ultimately contacted by an Investigator, and he claimed that he only had sporadic work, when in reality, he was working full time. He never sent a letter of explanation, which they had requested.

Ultimately, Mr. W was charged with 35 Counts of False Statements in order to obtain benefits (Benefits Fraud), 1 Count of Fraudulent Schemes and Artifices and 1 Count of Theft. If he was convicted of all counts and given the maximum, he could have spent more than 80 years in prison.

After Mr. W became our client, we contacted the Assistant Arizona Attorney General handling the case and we worked out a restitution plan. In exchange for fully paying back all of the amount of the loss plus interest (just over $26,000), the Prosecutor agreed to dismiss all but 3 Counts of False Statements and offered a Class 6 Undesignated Offense, with a possibility of it being designated as a Misdemeanor on the date of Sentencing. At Sentencing, we were able to show the Judge that Mr. W was remorseful and appreciated the wrongfulness of his actions. In addition, we showed that he had a lack of criminal history, that he had good character, had performed prior good acts, and that he had cooperated and behaved appropriately during the pre-trial and pre-sentencing period of the case. The Judge agreed with us and immediately designated Mr. W’s case as a Misdemeanor on the date of Sentencing.

July 17, 2020
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 47F Money Laundering (State Charge) Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Mr. K (DMC No. 13071)

For a 1 ½ year period, the Drug Enforcement Agency conducted an undercover investigation of various drug trafficking organizations. This particular organization was known for trafficking large amounts of money, marijuana, methamphetamine and cocaine. All of which was imported from Mexico into the United States. Using wire taps and other undercover activities, the DEA observed Mr. K at a high level hotel in Chicago, Illinois exchanging money.

Subsequently, a traffic stop was conducted and Mr. K was found to have a duffel bag containing $84,900 in his possession. Ultimately, indictments of 43 co-conspirators were handed down, of which Mr. K was one. During the investigation with Mr. K, he accepted responsibility and admitted that on five or six other occasions, he went to Mexico and trafficked in money. This was due to severe financial hardship as a result of many years of drought in his home state which affected his farming business.

Due to his cooperation with the Prosecutor, combined with an extensive amount of mitigation, we were able to secure an offer that would allow the Judge to potentially sentence Mr. K to no jail time at all. He was facing 4.5 years minimum if he were to have gone to Trial and been convicted on all counts. Ultimately, Mr. K plead to a reduced charge of Conspiracy to Commit Money Laundering and received Probation with zero days in jail.

July 17, 2020
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 45 Theft Reduced, 47J Forgery Victories, 47P Benefits Fraud Victories, Case Victories

State v. Ms. K (DMC No. 13282)

Ms. K was in the Air Force from 1981 through 2001 and received an Honorable Discharge. She was initially rated at 90% service-connected disability for various medical conditions from 2001 to 2003. Then from 2006 until 2014, she was rated at 100% medically disabled. She had vowed that she was unemployable.

Just prior to 2007, she applied to the Veteran’s Administration for increased compensation based on her unemployability. She stated that she formerly was employed by a large airline as an Operational Manager but had recently become 100% unemployed. The VA approved her for $2,560 a month from that point forward. From approximately January 1, 2007 to February 1, 2014, she received a total of $90,579 in Disability Benefits.

What she failed to do was update the VA that she had gained employment from late December of 2006 through February 7, 2014 and was working fulltime. Because of this Benefits Fraud, she was subsequently charged with 1 Count of Fraudulent Schemes, 1 Count of Theft, and 3 Counts of Forgery.  If we would have proceeded to Trial and lost on all 5 Counts, she could have received up to 68 years in prison.

We were able to use significant mitigation to Ms. K’s benefit. We were able to show the Prosecutor that she had no prior felony convictions, that she was a single-parent mother and was an active member in the Baptist Church, and she had a fairly- outstanding military career that left her somewhat disabled mentally (which may have played a part in her crime). She cooperated fully in the investigation and truly had remorse. Ultimately, we negotiated a deal that could have allowed the Judge to have sentenced Ms. K up to 9 months in jail. In the end, the Judge sentenced her to Probation with 6 months of jail and the ability to be released daily for work under the Work Furlough Program.

July 17, 2020
Posted on Author By dmcantor Categories 1900 Federal Court Victories, 400 Theft / Fraud Crime Victories, 47P Benefits Fraud Victories, Case Victories

U.S. v. Mr. F (DMC No. 12941)

Mr. F came to our office and retained our services in December of 2013. He had been employed by the Maricopa Integrated Health System (MIHS) in the Facilities Operations Department as a Supervisor of General Maintenance. The FBI had received a tip that, beginning on January 1, 2012 and continuing through December of 2013, Mr. F had been using his position in authority to obtain goods from vendors who contracted with the MIHS. Initially, it was thought that he had usurped $62,000 of the government’s money as follows: $7,300 in false billing for groundskeeping and concrete work; $14,900 for appliance purchases; $9,800 for HVAC tools; $5,200 for lumber purchases; $600 for paint; $18,900 in construction supplies; $4,100 from Home Depot; and $980 in goods purchased from other retailers.

The allegation was that Mr. F had developed a pattern of living beyond his means and that he was remodeling his home with government money. Because we began cooperating with the government almost immediately, over the course of the next 2 years and 3 months, we were able to trace back all of the money (which now totaled $119,600), which also helped the government fix the leaks within the system. Ultimately, it was agreed that Mr. F would plead guilty to Conspiracy to Commit Theft Concerning Programs Receiving Federal Benefits under 18 U.S.C. 371. He ultimately received a sentence of Probation with zero days in jail. Initially, he was facing over 5 years of prison time.

July 17, 2020
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 45 Theft Reduced, 47N Embezzlement Victories, Case Victories

State v. Ms. N (DMC No. 14416)

Ms. N. was employed as an Office Manager for a corporation from 2005 to 2014. She was caught fraudulently distributing 401(k) profit share distribution, which belonged to other employees, into her personal 401(k) account. That amount totaled $6,600. While she was being terminated, she admitted to the Theft. After a complete and thorough accounting was done by the corporation, it was determined that other amounts were also missing. In addition to the 401(k) money, she submitted fraudulent expense reimbursements between 2010 and 2014, which totaled $146,600. Lastly, as for two terminated employee 401(k) amounts, which were misappropriated, these totaled $12,100. Although all losses totaled $158,820, the corporation had to reimburse $165,400 into accounts due to their costs and gains.

We were able to work with the Prosecutor to show extensive mitigation that Ms. N had regarding her life. She was the youngest of two children and experienced a traumatic upbringing. She grew up in significant poverty, and her father was a former Vietnam Marine with PTSD, who was severely alcoholic and was physically and verbally abusive to both her and her mother. She began working at 16 in order to provide for herself and the family. She also was periodically homeless. Eventually, she gave birth to her first daughter when she was 19-years old, and then had three children before she was hired by the corporation.

Her first day on the job, she was a single mother to three and was only being paid $35,000 per year. Shortly after being hired, her mother died, and Ms. N was now responsible to pay all of the funeral costs and other expenses left behind by her mother. Although, none of this is an excuse to steal, it was mitigation. A few months later her father passed away from stage 4 lung cancer approximately one week after this investigation had begun. In addition, her only prior criminal conviction was for a misdemeanor DUI.

Ultimately, the Prosecutor agreed to a plea which included probation with 1 year of prison. Originally, she was facing much higher/longer prison time due to the fact that there were multiple offenses committed on different dates, and the total amount of loss was above $100,000.

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