Maryland man escapes arrest for credit card fraud December 16, 2008
Posted by whitecollarcrimenews in My Cases.Tags: credit card fraud
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A few weeks ago, a Detective from a police department in South Jersey called a man from Maryland to ask him to give a statement with regard to allegations of credit card fraud and identity theft. Luckily for him, he called my office before doing anything.
When I spoke with the client, I learned that the total amount allegedly stolen exceeded $150,000 from one victim, but via two different credit cards. By the time I was involved in the case, both credit companies had already tried to resolve the case with my client for quite some time. They had now contacted the police to start prosecution.
When I spoke to the police, it seemed like it was too late. A criminal complaint was already drawn up and there was no interest in trying to settle the case. The only thing to do was turn in the client. Due to court schedules and the Decetive’s vacation, it would be about two weeks until we had to turn him in. The charges were second degree, which means his bail would be high and he would go to prison if convicted (even for a first time offender).
The news only got worse. Since he was an out of state resident, a bail bond would be tough to secure. In addition, the credit card companies didn’t seem like they wanted to deal with me. It was not looking good.
As a lawyer that does not take no for an answer, I called both credit card companies again to see if I could do anything to work this out. I discovered that one credit card was used in Maryland so that the client would be facing charges in two states. I got a hold of an investigator from that company who was just about to dot the i’s and cross t’s on a criminal complaint down there. We worked out a nice resolution that allowed my client to pay them off over time without pressing any criminal charges. One down, one to go.
This other one wouldn’t be so easy. Due to the manner in which the alleged fraud was structured, some of the debt was stuck with the victim, not my client. With the victim looking at paying 10′s of thousands in credit card debt she did not authorize, she was not willing to help us. I was able to push the date back for the client to turn himself in to buy us more time.
After several weeks of burning up the phone lines, we reached a deal that would allow my client to assume all of the fraudulent debt. Both the victim and the credit company withdrew the charges and the Detective was happy that he didn’t have to deal with the case.
Although I always try to be hopeful about every case, I was planning on my client being arrested. I was already thinking about how the trial would look like. If this client would have given a statement before calling me, this entire case would have been very, very different.
Some good attorneys show how to talk to the press December 15, 2008
Posted by whitecollarcrimenews in News.Tags: theft by deception
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Most State white collar crimes are brought by the AG’s office. However, Monmouth County’s Prosecutor (formerly of the US Attorney’s office) just indicted a fairly major case.
According to the Asbury Park Press:
A Monmouth County grand jury has returned an indictment charging Timothy Hurst, 53, of Middletown of misconduct by a corporate official, conspiracy and theft by deception by diverting money meant to fund the redevelopment of the lot on Wharf Avenue.
Hurst, who was released from custody after posting $100,000 bail, is named in six of the eight counts in the indictment handed up Monday, and could face a maximum of 40 years in state prison if convicted on all counts.
Also charged in the indictment is Laurie Quinn, 50, also of Middletown and Kelly Rowe, 32, of Edison. Quinn, whom prosecutors contend was also a partner in the corporation, Union Street Village Developers LLC, is named in seven of the counts and could face up to 50 years if convicted. She was released after posting $25,000 bail.
With most white collar crime cases, the issue of the case is one of intent. Sometimes, it may take lawyers months to figure that out (if they ever do). These lawyers (all of which I know as good attorneys) show how to develop a theme for the case and use the press to your advantage.
“Unfortunately, the corporation in question, like so many corporations in this day and age, went bad and any disputes involving funds are civil in nature and absolutely, unequivocally not criminal,” said Hurst’s attorney, Mitchell J. Ansell.
Quinn’s attorney, Michael D’Alessio, said his client built a new house but had no knowledge whether any of the money to do so came from the Village Street partnership.
“Any check she received from Hurst, from him personally or the LLC, was his contribution to joint expenses of living together,” said D’Alessio, who also denied his client had access to a company credit card.
Rowe, who was released on her own recognizance after surrendering to the prosecutor’s officer Thursday, was merely doing her job when she signed what are now alleged to be forged checks, said her lawyer, Steven D. Cahn.
“She’s not a partner and she doesn’t have a business interest in it,” Cahn said. “They’re alleging that this guy basically defrauded his business partner. I don’t know if he did not or not, but my client had nothing to do with it.”
Essex County consultant indicted on charges of using position to benefit his company December 12, 2008
Posted by whitecollarcrimenews in News.Tags: official misconduct
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You know you are in New Jersey when this story doesn’t appear in any papers or news outlets. I can’t find any. Regardless, it is a pretty interesting story that I would like more details about.
Having seen my own client’s press releases, I can say that a lot of this is most likely spin. I think this guy has a pretty decent defense. I would have two concerns as his attorney: 1) Does anyone else make an inculpatory statement and 2) what is the story with the bidding process?
While having an informant, co-defendant or whoever make a statement against you (especially in exchange for a deal) is not the end of the world, it hurts a little more in a WCC case because the main issue is intent. Keeping with the theme of intent, the goal here (as it is in most cases) is to show lack of criminal intent in any way possible. Everything that is done out in the open is good. Anything that is hidden, such as rigging the bids shows criminal intent.
While he is facing prison, a decent deal here would be probation with a major fine that hits him very hard. After all, putting him in prison does nothing as he’ll get ISP anyway.
Attorney General Anne Milgram and Criminal Justice Director Deborah L. Gramiccioni announced that an individual who served as Essex County’s consultant on contracts involving replacement and repair of boiler systems was indicted today on charges he steered contracts to companies that paid him $500,000 as a consultant, inspector and salesman.
According to Gramiccioni, the Division of Criminal Justice obtained a state grand jury indictment charging Melvyn Neishloss, 68, of Howell, with official misconduct and unlawful speculation on official action or information, both in the second-degree. His company, Superior Combustion of New Jersey, Inc., is also named as a defendant in the indictment for all of the charges except official misconduct.
The indictment is the result of an investigation by the Essex County Office of Inspector General conducted in coordination with the Division of Criminal Justice.
Five indicted for defrauding unemployment December 12, 2008
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What do you get when we have record unemployment? Unemployment fraud! Seems that there is a lot of it lately as five people have been indicted over the past month. All five have one thing in common, they are all charged with stealing at least $10,000. I assume the State has some type of cut off as to what they consider criminal. Even though only $500 is needed for a third degree crime, anyone can make a mistake by collecting an extra check, or two, or three. However, its tough to collect $10,000+ while you are working somewhere else and not know that it is wrong.
I’m sure this happens much more often, but those will smaller amounts are contacted first and a payment plan is worked out to avoid charges.
The other interesting thing to note here is that all of these UI claims are from several years ago; as opposed to recent claims. So, you’ll probably have to give it a few years for anyone on unemployment now to get charged.
State v. Lamar Douglas. Douglas, 33, whose mailing address is listed in Hackensack, was charged with third-degree theft by deception and fourth-degree unsworn falsification for allegedly stealing $22,343 in UI benefits. Douglas filed for UI benefits in June 2002 and again in June 2003. Subsequent to filing each claim, Douglas allegedly earned wages from McNally Brothers Moving and Storage, located in Wallington. The indictment charges that Douglas failed to notify the Department of Labor and Workforce Development of the earnings.
State v. Margarita E. Gonzalez. Gonzalez, 36, of Jersey City was charged with third-degree theft by deception and fourth-degree unsworn falsification. According to the indictment, Gonzalez worked at Wet Seal Retail in the Livingston Mall while collecting on a March 2003 UI benefits claim. It is charged that Gonzales did not report her earnings to the Department of Labor and Workforce Development, and consequently stole $15,840 in UI benefits.
State v. Nathaniel Thompson. Thompson, 58, of Elizabeth, was charged in a Nov. 7 indictment with third-degree theft by deception and fourth-degree unsworn falsification. According to the indictment, Thompson allegedly stole $32,136 in UI benefits. Thompson filed for UI benefits in January 2000, March 2001, March 2002 and June 2003. The indictment charges that after filing each claim, Thompson was employed doing installation for various contractors. Thompson allegedly failed to notify the Department of Labor and Workforce Development of his earnings.
State v. Gary Williams. Williams, 48, of Paterson, was charged in a Nov. 7 indictment with third-degree theft by deception and fourth-degree unsworn falsification for allegedly stealing $20,395 in UI benefits. The indictment charges that, after filing for UI benefits in April 2002 and April 2003, Williams worked for Reputable Contract Installations, Inc., located in Yonkers, NY. The indictment further charges that Williams failed to notify the Department of Labor and Workforce Development of his earnings.
State v. Lorenzo White. White, 37, formerly of North Brunswick, was charged in a Nov. 19 indictment with third-degree theft by deception and fourth-degree unsworn falsification. According to the indictment, White allegedly worked for Dr. Leonard’s Healthcare Corporation in Edison while he was collecting on a June 2003 UI benefits claims. The indictment alleges that, by not reporting his wages to the Department of Labor and Workforce Development, White received $10,982 in UI benefits to which he was not entitled.
Insurance company investigation leads to bad checks charges December 12, 2008
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This case is a good example of how insurance companies uncover a lot of crime. They work up the case and then hand it over to the State. I would guess that the insurance company tried to reach out to her to work this out as they really just want to get the money back. I’ve had these clients and we just worked it out and my clients never got charged.
Stacy Perkins, 43, is named in a 12-count Gloucester County grand jury indictment that charges her with insurance fraud, attempted theft by deception, two counts of theft by deception and eight counts of passing bad checks.
The indictment charges that between Jan. 9 and Aug. 10, 2004, Perkins either issued or electronically authorized a series of checks to the Allstate Insurance Co., drawn on several different banks, knowing the accounts at the banks were closed.
Perkins was allegedly attempting to purchase automobile insurance valued at approximately $4,500. It is further charged that Perkins obtained $14,668 in services from PSE&G, more than $1,200 in services from Comcastand $950 in services from Wells Fargo by issuing checks that she knew would not be honored.
The case was referred to the state Insurance Fraud Prosecutor by the Special Investigative Unit of the Allstate Insurance Company, which initially uncovered the fraud and assisted in the investigation.
http://www.nj.com/south/index.ssf/2008/12/west_deptford_woman_indicted_o.html
You say tomato, he says I’m guilty December 11, 2008
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Wow, what doesn’t New Jersey have huh? Oddly enough, it seems like this is going to get much bigger. What probably did this guy in was the laundering charge. Hiding the source of the money really shows guilt. Otherwise, this is civil case.
Federal prosecutors say a tomato broker from New Jersey has agreed to plead guilty in an ongoing investigation into the industry that processes tomato products.
The 61-year-old agreed to cooperate in the government’s investigation and to forfeit more than $600,000.
Parsippany man charged with lying to get charity care December 11, 2008
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This case isn’t too exciting. The guy will get PTI. However, I’d like to know how they caught him. Who knew that they looked into charity care applications?
Shlomo Cohen, 58, of Parsippany, was charged by a state grand jury with health care claims fraud and theft by deception, both in the third degree.
Between Aug. 16 and Sept. 26, 2005, Cohen received treatment at Morristown Memorial Hospital for a medical condition and filed an application for coverage under the New Jersey Hospital Care Payment Assistance Program, also known as Charity Care.
The indictment alleges that Cohen lied on his application in order to receive Charity Care benefits covering his full medical costs of $36,570.
http://www.dailyrecord.com/article/20081210/UPDATES01/81210032
Blue collar guys with white collar crimes December 10, 2008
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This should be a fun case to watch. The State will likely get all the little guys to flip as the owner is the top dog. The owner’s attorney is better off working to end this case quick. His card to play is to rat on himself so to speak and fess up to other crimes they don’t know about yet. That will save them a lot of time. I don’t see this one going to trial.
HighPoint owner Steven Avella, 53, was arrested on the charges of arson for hire, conspiracy to commit theft and two counts of insurance fraud, police said. Police said he paid his workers up to $600 to take the two trucks.
Driver Vincent Garrison, 28, of Union City, was charged with arson for hire, theft, conspiracy to commit theft and possession of burglary tools, police said. Driver Brian Sheppard, 29, of Secaucus, was charged with aggravated assault by auto and witness tampering, police said.
Driver Rafael Morales, 40, of Union City, was charged with theft, possession of burglary tools and conspiracy to commit theft, police said. Former driver Christopher Baulch, 30, of Lyndhurst, was charged with theft and conspiracy to commit theft, police said.
“Without giving away too much about our investigation, there is a lot of illegal activity we are looking at,” said Lt. Frank Cannella, adding that there was no evidence the owners of the vehicles had any involvement.
Police say the drivers were paid by Avella, 53, of Union City, to steal two trucks that the drivers then attempted to launch from a cliff behind a Paterson Plank Road car wash, police said. The trucks got caught up on trees at the top of the cliff to Tonnelle Avenue.
http://www.nj.com/hudson/index.ssf/2008/12/crash_dummies_tow_truck_owner.html
Quick thought December 9, 2008
Posted by whitecollarcrimenews in My Cases.add a comment
Just got a plea vacated in a case but there is no press release from the State. If I win the case, will they issue one there? Will they retract the prior press release? Somehow I doubt it.
Our main site is located here.
Used car saleman didn’t need this December 9, 2008
Posted by whitecollarcrimenews in Uncategorized.add a comment
I hate to armchair lawyer a case, but a five flat on a 2nd degree case is not a good deal. Why not take the case to trial or file some motions? Most of my clients in this type of case would get probation if they didn’t have a record.
According to Director Gramiccioni, Luther Lewis, 30, of Elizabeth, pleaded guilty before Judge Joseph P. Donohue in Union County to second-degree theft by deception for rolling back odometers on vehicles that he sold as co-owner and operator of Atlantic Auto Sales at 310 Atlantic Street in Elizabeth. The charge was contained in a Jan. 25, 2008 indictment obtained by the Division of Criminal Justice. Under the plea agreement, which also covers two separate guilty pleas he entered today, the state will recommend a five-year prison sentence for Lewis.
