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August 12, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 47 Miscellaneous Theft/Fraud Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 47J Forgery Victories, 47O Identity Theft Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. D (DMC No. 8354)

ILLEGALLY CONDUCTING an ENTERPRISE/RICO ($251,000), FRAUDULENT SCHEMES, PARTICIPATING in a CRIMINAL SYNDICATE, (20 COUNTS) FORGERY, (9 COUNTS) IDENTITY THEFT & (14 COUNTS) FRAUDULENT PREPARATION of TAX RETURNS REDUCED to 1 COUNT of POSSESSION of a FORGERY DEVICE (Class 6 Open/Misdemeanor) with PROBATION and ZERO DAYS in JAIL – State v. Ms. D (DMC No. 8354) (Maricopa County Superior Court CR2007-008286): Ms. D’s father owned a tax preparation business that she worked for. Her father and his wife would meet numerous clients and sign them up for tax services. It appeared that her father was receiving falsified Social Security cards and other false documents in order to file fraudulent tax returns. After their returns were prepared, Ms. D’s father would ask her to sign his signature on the returns themselves.  This resulted in over $1,000,000 of loss in tax revenue.

Although Ms. D and both her parents were indicted along with other co-conspirators, she had no direct information that these were fraudulent returns. Through Forensic Accounting, hand writing experts and numerous interviews we were able to show that she was an innocent pawn in the fraudulent scheme. Her father ended up being sentenced to prison, and Ms. D had all 46 counts reduced to a single count of Possessing a Forgery Device (i.e. holding a pen that signed her father’s names to the returns) in exchange for Probation with no jail. When she completed probation, that one charge was converted to a Misdemeanor. Ms. D has no felony on her record.

August 12, 2015
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 400 Theft / Fraud Crime Victories, 45 Theft Reduced, 700 Property Crime Victories, 91 Criminal Damage Reduced, 94 Burglary Victories, Case Victories, Coconino County Superior Court Victories

State v. Mr. P (DMC No. 5012)

REDUCED (ALL) | THEFT ($160, 000)/BURGLARY (with prior) and CRIMINAL DAMAGE all REDUCED from 7 YEAR PRISON offer to 2.5 YEARS “soft” – State v. Mr. P. (DMC No. 5012) (Coconino County Superior Court CR04-0292): Mr. P. was accused of breaking into numerous County buildings along with several co-defendants and stealing $160,000 worth of computer equipment and other property.  Because he had a prior conviction, he was facing decades in prison.  With his previous attorney, he was being asked to plead to 7 years in prison.  When we took over the case, we were able to demonstrate mitigating factors (along with flaws in the case), and secure a 2.5 year “soft” offer.  Mr. P. only served 22 months in custody.

 

August 11, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 47J Forgery Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. J (DMC No. 7525)

REDUCED | ATTEMPTED FRAUDULENT SCHEMES ($238,000) and FORGERY (with prior convictions) REDUCED to IDENTITY THEFT with PROBATION and ZERO DAYS in JAIL – State v. Ms. J. (DMC No. 7525) (Maricopa County Superior Court CR2005-122006): Ms. J. had walked into a financial institution and ordered a secure mortgage loan.  She provided documentation claiming to be her own daughter.  She then secured the loan in the amount of $238,000 which was levered against her daughter’s home.  When this was discovered, she was promptly charged with Mortgage Fraud, Attempted Fraud Schemes and Forgery.  Because Ms. J. had a history of mental problems, we were able to disclose numerous medical records to the Maricopa County Attorney.  They agreed to reduce the case down to a simple Identification Theft with probation and zero days in jail.  Ms. J. was also ordered to receive mental health counseling. She was originally facing years in prison, but instead received counseling and treatment.

 

August 11, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 45 Theft Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. W (DMC No. 5411)

REDUCED | THEFT ($148,000) REDUCED to class 6 open/misdemeanor with PROBATION and 30 DAYS in JAIL – State v. Ms. W. (DMC No. 5411) (Maricopa County Superior Court CR2005-011024): Ms. W. worked for a construction management company as a Controller/Office Manager.  While overseeing the company’s checking and credit card accounts, she used their funds to purchase $148,000 in goods for her own use.  During the course of Ms. W.’s case, we were able to get full restitution to be made to her former company.  The restitution, along with her acceptance of responsibility allowed us to negotiate a class 6 open/misdemeanor deal which included probation and 30 days in jail.  At the conclusion of probation, her case was reduced to a misdemeanor and she had no felony on her record.

August 11, 2015
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 114 Theft and Fraud Pre-Charge Victories, 16C Theft of Means of Transportation / Auto Theft Victories, 200 DUI / Vehicular Crime Victories, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 47D Bank, Mail and Wire Fraud (Federal Charge) Victories, 47F Money Laundering (State Charge) Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. G. and Mrs. G (DMC No. 6372 and 6373)

NOT CHARGED | FRAUDULENT SCHEMES ($200,000) BANK and WIRE FRAUD, MONEY LAUNDERING, and THEFT of MEANS of TRANSPORTATION ($85,000) NOT CHARGED due to CIVIL SETTLEMENT – State v. Mr. G. and Mrs. G. (DMC No. 6372 and 6373) (IRS and JP Morgan Chase Bank Investigated): Mr. and Mrs. G. discovered that the bank had placed $100,000 in their checking account on two successive days by mistake.  This total of $200,000 was perceived to be a “wind fall”.  Mr. and Mrs. G. immediately transferred the money out and began spending it.  When the mistake was discovered, the bank and legal authorities began to investigate.  We were able to step in and negotiate a “civil settlement” with a payment schedule, and no charges were brought against Mr. and Mrs. G.  Originally they were facing a potential of decades in prison.

 

August 11, 2015
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 47A Mortgage Fraud Victories, 47R Securities Fraud, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. M (DMC No. 11094)

NOT CHARGED | FRAUDULENT SCHEMES/MORTGAGE FRAUD ($221,000) NOT CHARGED – State v. Mr. M. (DMC No. 11094) (Republic Mortgage Insurance Company Investigated): Mr. M. was accused of securing a loan for rental properties by submitting lease agreements from paying tenants.  It was alleged that there were no paying tenants, and that he actually lived in several properties himself.  Eventually, the real estate market crashed and he ended up selling both properties in a “short sale”.  In order to attempt to recoup their losses against Countrywide Mortgage, the title insurance company began investigating Mr. M.  We were able to interceded on Mr. M.’s behalf and ensure that no charges were brought against Mr. M.  In addition, no civil suit was ever brought against him.

August 10, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. S (DMC No. 5062)

REDUCED | FRADULENT SCHEMES ($212,000); REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Ms. S. (DMC No. 5062) (Maricopa County Superior Court CR2004-021667): Ms. S. was accused with two other people of submitting false invoices to the Arizona Department of Education over a four year period which totaled $212,000.  An Investigator with the Office of the Attorney General’s Special Investigations Office contacted Ms. S.  When we became involved in the case Ms. S. had cooperated fully, and we’re able to secure an offer which included probation with zero days in jail.  The two co-defendants were not as fortunate.

August 10, 2015
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, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S (DMC No. 9815)

NOT CHARGED | FRAUDULENT SCHEMES/INSURANCE FRAUD and THEFT ($158,000) – State v. Mr. S. (DMC No. 9815) (Scottsdale Police Department Investigated Contact No. ID14617/Allstate Insurance Company Investigated): Mr. and Mrs. S. were going through a contentious divorce, when Mrs. S. reported the theft of 16 paintings, numerous sterling silver items and other valuables stolen from her house.  She told the Detectives that she suspected that her husband had done it, as they were going through a divorce.   Her husband vehemently denied these claims, and an insurance claim was filed for $158,000. Allstate Insurance Company began investigating and we became involved in the case.  We were able to show that Mrs. S. had been seen by numerous witnesses selling paintings and other valuables to unknown parties around the Phoenix area.  In addition, there were no signs that Mr. S.’s bank account had increased, or any indicia of him committing the theft.  Ultimately, no charges were brought against Mr. S.

August 10, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 45 Theft Reduced, 47N Embezzlement Victories, Case Victories, Yavapai County Superior Court Victories

State v. Ms. C (DMC No. 9220)

EMBEZZLEMENT/FRAUDULENT SCHEMES ($84,000) and THEFT REDUCED to PROBATION with Zero Days Actual Jail – State v. Ms. C (DMC No. 9220) (Yavapai County Superior Court No. CR2009-01178): Ms. C worked for a trash collection company in Yavapai County Arizona. While she was there, she had access to the checkbook for the company. She would sometimes write checks to herself, and other times would take pre signed checks from the owner and fill them out to be paid to herself. This totaled $84,000 over a 4 year period. After Ms. C was charged, we were able to present evidence to the prosecutor that she had various problems, and due to her young age she began stealing the money. Because she had no prior criminal convictions, we secured an offer which allowed the judge to sentence Ms. C from anywhere from probation up to 12.5 years in prison. At sentencing, we convinced the judge to give Ms. C Probation, and to impose a 6 month jail term that was “Deferred”. This meant that if she complied with probation, the jail time could be pushed out further dates and ultimately removed. Due to her excellent compliance, she never did any time in jail.

August 9, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 45 Theft Reduced, 47N Embezzlement Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. M (DMC No. 4590)

EMBEZZLEMENT/FRAUDULENT SCHEMES ($69,000) and THEFT REDUCED to FORGERY with ZERO DAYS in JAIL –State v. Ms. M (DMC No. 4590) (Maricopa County Superior Court CR2004-040044): Ms. M became employed with a paint and supply company as their book keeper with promises of a high compensation package. When this compensation did not occur, she began writing checks to herself and would fake the company’s check ledger to reflect that the checks were written to valid vendors. She took a total of $69,000 over the 8 months she was employed at the company. During the course of the case, we presented significant mitigation on Ms. M’s behalf. The State agreed to reduce all charges to a simple Forgery with no days in jail, with the promise that Ms. M would pay back the $69,000 while on Probation. She initially was facing a hefty amount of time in prison.

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