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Category Archives: 45 Theft Reduced

REDUCED (ALL) | 2 COUNTS of FRAUD SCHEMES ($1.5 million dollars)/8 COUNTS of THEFT and 1 COUNT CONSPIRACY all REDUCED to SOLICITATION with PROBATION and ZERO DAYS JAIL – State v. Mr. T. (DMC No. 9738) (Maricopa County Superior Court CR2009-007971): Mr. T. and co-defendants developed a condominium resort in Rocky Point, Mexico by the name of “The Pointe”.  They began selling the condominiums in Arizona without the proper Arizona Department of Real Estate disclaimer.  After they collected approximately $1.8 million dollars, they could not secure financing to finish the project.  Approximately $1.5 million dollars of that money was spent and could not be recovered.  We were able to show the Prosecutor and the court that there was no real criminal intent on Mr. T.’s part, and that he was making great strides to pay back the restitution.  He was ultimately only given a single count of “solicitation of theft” with probation and zero day’s jail.  The co-defendants were not as lucky.


EMBEZZLEMENT/FRAUDULENT SCHEMES ($451,000) and THEFT REDUCED to ATTEMPT and FORGERY with 4 YEARS in PRISON – State v. Ms. P (DMC No. 6934) (Maricopa County Superior Court CR2005-034311): Ms. P began working for an engineering company after she had been out of work for 18 months. She had given birth to a son who had various health problems and had run up numerous medical bills. As creditors began to hound her, she began writing checks directly from the company to herself, and forged the signature of the owner. Over the course of 3 years she had embezzled $451,000. Even though she easily paid off the medical bills, she continued to take money because of the life style. Prosecutors were originally seeking to send her to prison for over 10 years. We were able to bring in a Mitigation Specialist who interviewed various witnesses and provided psychological assessment of Ms. P. We secured an offer to an Attempted Fraudulent Schemes and Forgery which gave the judge discretion to sentence Ms. P to anywhere from 3.5 years of prison on the low end, up to 8.75 of years on the high end. The judge gave a 4 year sentence (less than half of what was possible). With good behavior, Ms. P was released from prison after 3 years and 4 months of her sentence was complete.

REDUCED | THEFT ($324,000) REDUCED to class 6 open/misdemeanor with PROBATION and 30 DAYS in JAIL – State v. Mr. H. (DMC No. 6534) (Maricopa County Superior Court CR2006-031231): Mr. H. worked for a local “truss” company, and he was responsible for placing all orders.  He would order more trusses that were actually needed, and then would hide the existence of the purchase of the extra trusses.  He would then sell the extra trusses on the side to make additional income.  This went on over the course of years, and when it was discovered, we became involved in the case.  We negotiated a partial civil settlement with Mr. H.’s former company, and we’re able to prevent charges of Fraudulent Schemes from being filed.  However, the charge of Theft was filed.  Due to the cooperation with the Gila River Police Department and the Maricopa County Attorney’s Office, we secured an offer to a class 6 open/misdemeanor with probation and 30 days in jail. Upon completion of probation, the case was turned into a misdemeanor and Mr. H. has no felony on his record.

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.


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.

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.

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.

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.

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.

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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