Michigan Criminal Lawyers Blog

March 17, 2015

Former Detroit Resident Pleads Guilty to Operating Fraudulent Federal Income Tax Refund Scheme

Recently, it was announced by U.S. Attorney for the District of Connecticut that 36-year-old Kenya Malcolm, a former resident of Detroit who now resides in Surprise, AZ, pleaded guilty to operating a fraudulent federal income tax refund scheme.

According to the press release, Malcolm, along with co-defendants Bernard Brantley, Charles Ross, and others, conspired to file fraudulent federal income tax returns with the IRS using the names of other individuals without their knowledge. These accusations were supported by statements made in court and court documents during late 2012 through May of 2013.

Malcolm, who at one time resided in Detroit, operated “Biggest Refund Taxes,” a business based in Arizona in which Malcolm claimed to be a CPA, or certified public accountant. The scheme involved Malcolm paying Charles Ross to recruit clients for her tax preparation business. After recruiting new clients, Ross contacted Bernard Brantley, offering him a portion of his own earning for recruiting clients if Brantley would himself recruit clients for Biggest Refund Taxes. Ross is a resident of Surprise, AZ and Brantley a resident of Waterbury, CT.

March 13, 2015

Ex-boyfriend of Fatal Shooting Victim in Auburn Hills Arrested, Charged with First-Degree Murder

by Scott Grabel

On Sunday, March 8, Troy police announced they had taken a man into custody in connection with the fatal shooting death of an Auburn Hills woman. On the previous Saturday evening, 21-year-old Jamila Monet Vigier-Cage was found slumped over the steering wheel of her vehicle. Now, 24-year-old Cory Daniel Mullen has been charged with first-degree murder in the case.

According to news articles at Mlive.com and Clickondetroit.com, the victim was found dead in a parking lot in Troy where she worked; she was found by a co-worker, and had allegedly been shot twice, once in the head and once in the chest. Vigier-Cage was employed at One Source, a talent agency that books actors and models.

Police asked for the public’s help in finding Vigier-Cage’s killer, and release a description of his vehicle, a 2002 Chevrolet Impala. He was located within hours in Detroit, and taken into custody for further questioning. Mullen was charged with first-degree murder and felony firearm; he was arraigned on Tuesday in 52-4 District Court, where he pleaded not guilty.

March 12, 2015

Virginia Court of Appeals Upholds Culpeper Town Police Officer’s Conviction in Manslaughter Case

by Scott Grabel

In December of last year, Daniel Harmon-Wright’s appeal of a conviction on voluntary manslaughter charges in the shooting death of Patricia Cook was struck down by the Court of Appeals in Virginia. Following the rejection, Harmon-Wright and his attorney, Daniel Hawes, took the appeal to the state’s Supreme Court, who just this week refused to hear the case.

Harmon-Wright, who is 35-years-old, is a former Culpeper police officer who was found guilty of voluntary manslaughter after he shot a woman, allegedly in self-defense, while responding to a report of a suspicious vehicle in a church parking lot. According to news articles, the incident took place in February of 2012. Harmon-Wright responded to the call, finding 54-year-old Patricia Cook in the parking lot of the church. He maintains that the woman tried to drive away while his arm was caught in the window of her vehicle, and that he shot in self-defense.

Hawes appealed his client’s conviction on two counts, invoking the “double jeopardy” protection in state and federal law. Under the law, an individual cannot be found guilty for the same offense twice. Hawes maintains that Harmon-Wright was convicted of both unlawful shooting into an occupied vehicle, and unlawful shooting into an occupied vehicle resulting in death. In addition, Hawes argued the evidence against his client was insufficient to support his conviction.

March 10, 2015

North Carolina Woman Arrested, Facing Felony Drug Trafficking Charges

by Scott Grabel

On Saturday, March 7, Melanie Ann Pruitt was arrested on felony drug trafficking charges after authorities asked for the public’s help in locating the 39-year-old Salisbury, NC woman. Her boyfriend, 50-year-old Robin Lee Guest, was also arrested.

According to a news article at the Salisbury Post, the two shipped large amounts of methamphetamine from Salisbury to California through the U.S. Postal Service from July to October of last year. The two were caught when they allegedly sold meth to undercover investigators.

Pruitt was found hiding inside a closet at a rented residence. Guest was arrested on the Catawba College campus, and is said to be in federal custody at the present time. According to the college, he worked there and was suspended before being terminated from his job.

March 9, 2015

Connecticut Man Arrested on DUI, other Charges Following Brookfield Crash

by Scott Grabel

On Saturday, March 7, 46-year-old Jason Lapointe was involved in a two vehicle crash that occurred just after 7:30 in the evening in Brookfield. While there was no mention whether he was injured in the accident, two people in the other vehicle did suffer minor injuries, according to police.

Upon investigation of the accident, police suspected Lapointe was driving while under the influence of alcohol or drugs. He was given a field sobriety test, which he failed according to a news article at the Connecticut News Beat blog. Following the investigation, Lapointe was charged with failure to drive in the proper lane, failure to carry insurance ID/certificate of registration, and operating a motor vehicle under the influence of alcohol and/or drugs.

Lapointe was released from jail on a $500 bond and is scheduled to appear in Superior Court in Danbury on the charges on March 17th.

March 6, 2015

Maureen McDonnell Appeals Conviction for Corruption

by Scott Grabel

In February, former Virginia first lady Maureen McDonnell, wife of Governor Bob McDonnell, was sentenced at a federal court after she was convicted on corruption charges. Now, according to news reports, she is appealing the conviction.

McDonnell was sentenced to one year and one day in prison, while the former Governor was sentenced to 24 months in prison for the corruption scandal in which the two allegedly promoted health products for businessman Jonnie Williams Sr. in exchange for $177,000 in loans, gifts, and vacations.

According to the Washington Times, former Gov. Bob McDonnell appealed his conviction to the 4th U.S. Court of Appeals in Richmond, the same court his wife is now appealing her conviction in. Oral arguments in the former governor’s case are scheduled for the week of May 12.

March 3, 2015

Store Managers in Southwest Detroit Plead Guilty to Failing to Maintain Effective Anti-Money Laundering Program

by Scott Grabel

On February 25, 55-year-old John Miri and 38-year-old Wisam Daman pleaded guilty to charges of failing to maintain an effective anti-money laundering program, according to a press release issued by U.S. Attorney Barbara L. McQuade. Miri operated and managed Junction Party Store, and Daman operated and managed Big Apple Fruit Market, both located in Southwest Detroit. Jarod Koopman, IRS Criminal Investigation Acting Special Agent in Charge, joined McQuade in the announcement.

Both stores were registered as MSB’s, or Money Services Businesses with the state. Essentially, Junction Party Store and Big Apple Fruit Market would cash checks in amounts of more than $1,000 for their customers, for a fee. Under the Bank Secrecy Act, businesses who provide this service for their customers are qualified as financial institutions. Because the two stores are considered financial institutions, they are required to file CTR’s or Currency Transaction Reports with the Financial Crimes Enforcement Network. When a customer cashes a check for an amount greater than $10,000, a CTR must be filed. In their positions as managers/operators of the stores which were considered financial institutions, Miri and Daman were obligated to develop, enforce, and maintain effective anti-money laundering programs.

Between late 2011 and early 2012, the two store owners cashed a total of nearly $15 million in refund checks issued by the IRS for Juan Carlos Pena-Lora, checks which were issued to alleged taxpayers in New Jersey, New York, and other eastern states. In all, there were approximately 2,000 checks cashed by both stores combined. Daman and Miri charged a fee for cashing the checks, a fee which is based on a percentage of the total amount of each check. The IRS refund checks were issued after false income tax returns had been filed using names/social security numbers that had been stolen from Puerto Rican nationals. On the dates Daman and Miri cashed checks for Pena-Lora, those payments were greater than $10,000, however the two business owners did not file CTR’s for some of the cash payments as required. Because of this, the two men were charged with failure to maintain an effective anti-money laundering program, an offense punishable by fines of $250,000 and/or up to five years in prison.

March 2, 2015

Wildomar, CA Chase Results in DUI Arrest

by Scott Grabel

On Sunday morning March 1st, a car chase followed by a foot pursuit resulted in the arrest of a man in Wildomar, CA for suspicion of reckless driving, driving with a suspended license, and driving under the influence of drugs, according to news sources. Jonathan Iniguez, a 23-year-old resident of Riverside, was booked into the Southwest Detention Center following the incident.

The Press Enterprise news article said the incident took place just before 4:30 in the morning when deputies who were on patrol noticed a 2005 Toyota Corolla weaving from lane to lane. The deputies followed the Corolla in an attempt to get the driver to pull over, however he continued driving erratically, swerving into oncoming lanes and failing to stop at traffic signals.

Eventually, Iniguez lost control of his vehicle and struck a fire hydrant in front of a grocery/liquor store, according to a written statement from sheriff’s officials. He then fled on foot, however deputies apprehended him on Shay Lane. Upon being caught, Iniguez was taken to a hospital after complaining of pain.

February 26, 2015

Conviction Upheld for Homeless New Jersey Man in Burglary Case

by Scott Grabel

Recently, 30-year-old Drew Buechlein’s appeal of his burglary plea conviction was denied by a New Jersey appeals court. Buechlein, who is said to be homeless, pleaded guilty to committing burglary in Westville in 2009. He was sentenced to 364 days in jail, and probation according to a news article at NJ.com. At issue was whether Buechlein’s attorney represented him effectively in the case.

Buechlein claimed that his lawyer did not clearly explain the potential consequences of pleading guilty, which he argues his lawyer pressured him into doing. He also says that his lawyer did not make any effort to suppress his identification as a suspect in a photo array. Buechlein also attempted to present a defense to appeals judges, saying that he could not have committed the burglary in Westville, because he had been charged in a Brooklawn burglary. Brooklawn borders Westville, according to the article.

The suspect was released from jail in March of 2014 after having been incarcerated since December of 2011 on prior burglary and drug charges.

February 24, 2015

Head-on Crash in California Leaves Driver Facing DUI Charges

by Scott Grabel

On Sunday February 22, five people sustained injuries and had to be hospitalized following a head-on collision in Whittier, CA. One of the five was the driver of a truck, who collided with a Toyota Prius near La Forge Street and Santa Gertrudes Avenue.

Following the collision, the man attempted to flee the scene; he was apprehended shortly thereafter, and police suspected he was driving under the influence. The man, who was not named in news reports, was arrested on suspicion of DUI after being treated for a gash to his forehead at the hospital. He was placed in custody on the charges at the time of news reports.

Driving under the influence is a serious criminal offense on its own, and leaves the accused facing possible jail time, fines, community service, driver’s license suspension, and more if found guilty. However, in the state of Michigan a person may be charged with OUIL (Operating Under the Influence of Liquor) causing serious bodily injury when others are injured in an accident caused by a drunk driver.