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June 23, 2021

State v. Mr. B (DMC 15596) – Felony Sexual Assault (47-year old adult/15-year old minor) and Felony Sexual Conduct with a Minor (Not Charged) – Maricopa County Attorney’s Office “Turned Down,” Glendale Police Department investigated (DR No. 20XX-XXXX1):

Mr. B and his wife had adopted two daughters from a young age, who both attended Basha High School.  At some point, one of the daughters told a friend that her mom hits her and her dad raped her.  The friend then told the school Resource Officer and contact was made with the alleged victim.  After she gave her statement, the Officers then were interviewing her sister.  While the interview was going on, they saw that the alleged victim was sending Facebook messages, trying to coach the sister on what to say.

The sister stated that there had never been any abuse, and that her other sister, the alleged victim, would often make things up.  DCS was called in, and several days later both sisters were interviewed again.  This time, the second sister began to claim that she was being molested by the father.  We became involved and we had Mr. B take a polygraph.  We submitted this polygraph report (in which he passed) along with various Facebook messages showing that the two daughters had concocted this story because they were upset with their strict household rules.  We were also able to show some of the adoption records to the Detective, which showed that both daughters had rough childhoods prior to being adopted.  Ultimately, the Maricopa County Attorney’s Office “Turned Down” the prosecution, and that successfully ended the case.  Originally, Mr. B could have spent decades in prison if he were convicted on these allegations.

June 23, 2021

State v. Mr. S (DMC 15561) – Felony Sexual Conduct with a Minor (DCAC:  42-year old adult/13-year old minor), and Felony Sexual Abuse (DCAC) – Not Charged – Gilbert Police Department investigated (DR No. 20XX-XXXXXXXX8):

Mr. S had been in a divorce and shared custody with his ex-wife.  He had three daughters and a son.  His oldest daughter, the 13-year old, had supposedly disclosed that her father had touched her vaginal area.  Officers became involved, and they had her conduct a “confrontation call” with Mr. S, in which she was to try to get him to admit to a crime without him realizing he was being tape recorded.

During this call, she told Mr. S that he had touched her privates.  Mr. S stated that the only time he had ever touched her privates was when she was a baby.  Subsequently, DCS was called in to take custody of the children, and Mr. S was brought to the police station to be questioned.  We became involved in the case and were able to show that the 13-year old had been online and had created a fake KIK account, in which she claimed she was much older, asked for pornography, and claimed she was using pills.  It was also discovered that she had found some of Mr. S’s sex toys and had been using those.  Ultimately, we convinced the Detective to decline routing the file to the Maricopa County Attorney’s Office for the purpose of filing of any and all charges.  Mr. S received his children back from DCS, and their investigation was also closed.  Originally, Mr. S could have spent life in prison if these allegations were proven and he was convicted.

June 23, 2021

State v. Mr. T (DMC 15609) – Felony Sexual Assault (DCAC:  72-year old adult/11-year old minor), Felony Sexual Abuse, Felony Vulnerable Adult Abuse, and Felony Burglary – Not Charged – Pinal County Sheriff’s Office investigated (DR No. 20XX-XXXXXXX8):

Mr. T was a 72-year old man that was a neighbor of the alleged victim, an 11-year old girl with various mental deficiencies.  He went over to the victim’s house to borrow some hedge clippers from her father, and he would also be very nice to the neighbor girl over the course of time.  At some point, the neighbor girl alleged that she was being Sexually Abused by Mr. T.  Mr. T denied all allegations.

He was subsequently arrested and brought in for questioning.  Eventually, Mr. T was booked into custody and seen by a Pinal County Superior Court judge.  We then became involved and all charges were “scratched” until a full investigation could be conducted.  We then began our discussions with the Detectives in the case.  We informed them that Mr. T had since passed a polygraph, and also had medical limitations which would make most of the allegations impossible.  In addition, we interviewed other neighbors who had information that the girl had been looking at pornography on the internet.  Lastly, we insisted that DNA be tested on all items of clothing that the alleged victim claimed were involved.  After no DNA involving Mr. T was found, we convinced the Prosecutor to not re-file any of the charges.  Originally, Mr. T was facing life in prison if he were charged and convicted on any of these crimes.

June 23, 2021

State v. Mr. C (DMC 15539) – (2 Counts) Felony Sexual Conduct with Minor (DCAC:   23-year old adult/ 12-year old minor) and (1 Count) Felony Child Molestation (DCAC – Not charged) – Cochise County Attorney’s Office turned down; Sierra Vista Police Department Investigated (DR #20XX-XXXX5):

Mr. C was 23-years old and had family members visiting from Texas.  They claimed that while they were in Sierra Vista, that Mr. C molested his 11-year old cousin.  The alleged victim’s mom stated that his sibling claimed that something had occurred between Mr. C and the boy.  The mother had him write down everything that occurred, and the 11-year old used a word that he was touched on his “posterior.”

When Mr. C was questioned, he denied all allegations.  We were able to show the Detectives that what had occurred was, the young boy was caught masturbating and was making up the story because he was embarrassed.  The mother claimed that this was impossible, because she had parental controls on all of her internet home devices, and the child is not allowed to sleep over at other houses where he could ever see any child pornography.  However, then she admitted that she had once caught her son masturbating while he was watching cartoons on TV.  We subsequently had Mr. C take a polygraph examination, which he passed.  All of this information was relayed to the Cochise County Attorney’s Office, and the determination was made that it had appeared the so-called letter written by the child was actually drafted by his mother.  All charges were declined due to “no reasonable likelihood of conviction.”  Originally, Mr. C was facing life in prison if he had been convicted on all charges.

June 22, 2021

State v. Mr. E (DMC 14944) – (7 Counts) Felony Sexual Conduct with a Minor (28-year old adult/17-year old minor) – Reduced to Class 6 Open/Misdemeanor Probation with 7 Days in Jail – Maricopa County Superior Court (Case No. CR2017-114049).

Mr. E worked at an automotive shop and had a co-worker who was a friend.  Mr. E’s coworker had a 17-year old daughter who would also be by the shop constantly and would hit on Mr. E (who was only 28 years old).  One night, Mr. E was alleged to have gone to a party with the 17-year old daughter, and they engaged in various sex acts.  After this occurred, the 17-year old talked to friends about the incident, and they then notified her dad.

When Mr. E was confronted, he left the area and Police were called in because he had been threatening to kill himself.  He was taken into custody without incident, and admitting to the various sexual acts to Detectives.  We became involved in the case after he was charged with seven Felony counts of Sexual Conduct with a Minor.  He was facing well over a decade in prison when we became involved.  We were ultimately able to negotiate a plea deal which included Probation and zero days in jail.  Upon successful completion of Probation, this case was designated as a Misdemeanor.

June 22, 2021

State v. Mr. R (DMC 15495 and 15496) – (3 Counts) (Felony Sexual Conduct With A Minor (DCAC: 47-year old adult/14-year old minor), (2 Counts) Felony Public Sexual Indecency to a Minor, (1 Count) Felony Aggravated Assault on a Minor, and (10 Counts) Felony Sexual Exploitation of a Minor (DCAC – Child Pornography) – Reduced to Attempt with 7.5 years in DOC and Probation – Maricopa County Superior Court (Case Nos. CR2017-108486 and CR2018-122109):

A Special Agent with Homeland Security signed into a KIK Account and observed a user posting sexually explicit materials. It was determined that these materials contained Child Pornography. The Special Agent then received Search Warrants and came back to the original site. It was then discovered that this same user had posted even more images of Child Pornography. After that, more warrants were procured in order to obtain an IP address from Cox.

After obtaining information from Cox, the Special Agent was able to locate the IP address of Mr. R, and a Search Warrant was issued on his house. During the search, numerous digital items were seized, and during the search of those items the downloaded Child Pornography was discovered. Mr. R was then detained at Sky Harbor airport as he exited a plane from Colorado.

During questioning, the Special Agent alleged Mr. R had made various incriminating statements. In addition, Mr. R’s live-in girlfriend confirmed that the computers that were seized were used by Mr. R exclusively. Mr. R retained a different law firm to handle his case, and he had an existing offer of 12 to 20 years in prison when he was subsequently hit with additional charges.

These additional charges included allegations of Sexual Conduct with a Minor, Public Sexual Indecency to a Minor, and Aggravated Assault on a Minor – all Felonies. These were dangerous crimes against children because the alleged minor was supposedly 14 years of age or younger at the time the crimes occurred. He was now facing the possibility of multiple life sentences in prison, and he then made the decision to terminate his prior counsel and hire our Firm.

We discovered that new allegations stemmed from an ex-girlfriend that Detectives had contacted, and as a result of interviews of her children. Various chats discovered on her computer looked very incriminating for Mr. R. We were able to show the possibility of some manipulation of the witnesses in the second case. In addition, we were attacking the voluntariness of Mr. R’s statements to the Police while he was in custody. We also had a Forensic Expert analyze all of the data, and various defenses were arising. Ultimately, the Prosecutors on both cases got together and agreed to offer a plea which included an Attempt charge with 7.5 years in DOC, in which Mr. R would only have to serve approximately 6 years with good behavior and an early kick-out provision. That was also followed by Lifetime Probation. Mr. R was originally facing at least 25 years to life in prison as an offer if we would not have discovered his defenses.

State v. Mr. C (DMC No. 14920) – Felony Benefits Fraud – Not Charged – Social Security Administration Investigated:  Mr. C had secured two different Social Security numbers and had been receiving benefits from Social Security which were duplicating under the two different identities.  We were able to put together a letter and speak with the Investigating Agent to show that somewhere along the line there had been a confusion or Scribner’s error regarding Mr. C’s Social Security number.  We negotiated the repayment of any overages that may have been paid, and the Investigator agreed that once the problem was fixed, that this took care of the incident.  No charges were ever brought against Mr. C.

State v. Ms. O (DMC No. 14836) – Felony Money Laundering ($25,000) and Felony Conspiracy – Not Charged Due to Cooperation and Testimonial Agreement – Pinal County Sheriff’s Office and Arizona Attorney’s Office Investigated.  Ms. O had befriended a man by the name of Francis and had begun dating him.  While she was dating him, he always had money but was unemployed.  He claimed he was a refrigeration repairman.  However, his house always smelled of marijuana and many people were coming in and out of the residence.

He would ask her to constantly deposit cash into a bank account which she opened.  That account was initially shut down at the first bank because it was “a risk to the institution.”  She then opened a second account at another bank and began depositing money into that bank account.  She began observing her boyfriend packaging marijuana in five-gallon paint buckets, and he would ask her to go to the PO Box in order to ship the packages.  He was eventually arrested and the police contacted her about potential Money Laundering in regard to the bank deposits.  She then retained our services, and we then became involved.

We contacted the Pinal Count Sheriff’s Office and the Arizona Attorney General’s office in order to negotiate a “Cooperation Deal.”  Due to Ms. O’s cooperation, she was never charged with any crimes.  Her ex-boyfriend was ultimately charged with multiple counts of Transportation of Marijuana and Conspiracy, along with multiple co-defendants.  If Ms. O was also convicted (as was her boyfriend) she would have gone to prison as well.

State v. Mr. X (DMC No. 15553) – Felony Wire Fraud ($710,290) and Felony Embezzlement – Not Charged Due to Cooperation and Co-Defendant Conviction – United States Attorneys Office, District of Arizona and FBI Investigated). Mr. X owned a company that sold large shipping containers, electronic control panel systems, and other types of business equipment. Mr. X had an employee who was locating the same types of equipment on the internet and purchasing them for lower prices. This employee then engaged in a Fraudulent Scheme whereby he would have Mr. X’s company pay the full price of what piece of equipment would normally be, and then he would simply purchase it for less on the Internet. The employee would then fulfill the order to the end-user, while also diverting new equipment manufactured by Mr. X to be sold separately.
There were 43 such transactions and the FBI became involved. They had issued a “Target Letter” to Mr. X indicating that the US Attorney was involved and that Mr. X may need to hire an attorney. When we spoke with the FBI agents and the Assistant US Attorney, we were able to show them that Mr. X had no knowledge of his former employee’s Fraudulent Scheme. The former employee was ultimately charged and sentenced to 30 months in prison. Specifically, in his plea agreement, it indicated that Mr. X had no knowledge, nor did his company, of the underlying scheme being perpetrated by the employee. Originally, Mr. X could have also gone to prison if we were not able to keep him from being indicted. He has no criminal record whatsoever.

State v. Mr. K (DMC N. 11324) – Insurance and Medical Billing Fraud – Vacated Suspension of Physical Therapy License at Board Hearing – Arizona Board of Physical Therapy (Complaint No. 12-41):  Mr. K worked as a physical therapist and had submitted various medical bills to assisted healthcare services.  It was alleged that he billed for some services that he did not actually perform.  Once we were involved in the case, we were able to show that his billing practices may have fallen below the standard of ethics, but they were not criminal in nature.  This was true, even though they were claiming he had falsified his records.

We were able to get the case dismissed with an agreement to probation.  As a condition of probation, Mr. K was required to do classes in continuing education, along with monitoring of his billing submissions.  After one year, the probation was lifted and his license was unencumbered.  He was allowed to maintain his livelihood throughout the entire course of his probation.

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