Edmond Contractor Charged with Embezzlement in Oklahoma County
An Edmond roofing contractor already serving twenty years in suspended sentencing for prior embezzlement charges finds himself once again needing the help of an Oklahoma white collar crimes lawyer. Brian Vincent Krafton, 42, is accused of taking nearly $12,000 in deposits for roof repairs, but never returning to begin the work. Krafton was charged with embezzlement in Oklahoma County District Court earlier this week.
According to prosecutors, Krafton accepted deposits for roof repair and replacement on behalf of Oklahoma Roofing and Flooring, Oklahoma Construction Plus, and Liberty Roofing. However, he is accused of collecting the deposits but never completing any work. As a result of four incidents in Edmond, Moore, and Oklahoma City, Krafton has been charged with four counts of embezzlement and one count of engaging in a pattern of criminal behavior.
Krafton is accused of accepting deposits totalling $11,997.75 from four customers, but never beginning the work. In some cases, the customers say that supplies were dropped off, but no work was ever begun. In one case, the home of a customer paying a deposit of $2,600 was damaged by heavy rain a week after the repairs were to have begun.
Two customers filed suit against Krafton and were awarded a civil judgment, but have yet to receive the award.
The latest Oklahoma embezzlement charges seem to be the continuation of a pattern of fraudulent activity by the roofing contractor. At the time of his most recent charges, Krafton was serving a total of twenty years in suspended sentences for embezzlement cases in May and June of 2011.
On May 5, 2011, Krafton pleaded guilty in two separate cases to embezzlement and embezzlement by contractor in Cleveland County District Court. He received a five year suspended sentence for each. On June 29, 2011, he pleaded guilty in Oklahoma County District Court to obtaining property by trick of deception. He received a ten year suspended sentence in that case.
A suspended sentence is one in which the sentence is deferred until the completion of a term of probation. If the defendant successfully complies with the terms of the suspended sentence, the conviction may be thrown out. However, if the defendant breaks the law during this time, the suspended sentence is revoked, and the defendant must serve the rest of the sentence behind bars.
Facing multiple felony charges for white collar crimes is a serious undertaking. If you or someone you love has been charged with embezzlement, fraud, or other white collar crime, call the Oklahoma white collar crimes lawyers with Phillips & Bailey in Oklahoma City.
Thunder Announcer Accused of Sex Crimes in Oklahoma
After sweeping the Dallas Mavericks in Round 1, the Oklahoma City Thunder tonight takes on the Los Angeles Lakers in Game 1 of the second round of the NBA playoffs. While most Oklahomans are looking to see how the Thunder responds to the return of Metta World Peace after his suspension for a concussive elbow against James Harden, some fans at the Chesapeake Energy Arena may notice a different voice over the public address system.
Thunder public address announcer James Allan Miller, 41, a Harrah High School teacher and tennis coach, was arrested last week on complaints of lewd or indecent acts with a minor in Oklahoma County. He was released on $30,000 bail the next day. According to Harrah police spokesman Phil Stewart, the Oklahoma Department of Human Services referred the case to Harrah police approximately three weeks ago. A probable cause affidavit filed in Oklahoma County District Court says that Miller is accused of watching pornography and performing lewd acts in the presence of a boy under the age of 16. Allegedly, two females came forward and accused Miller of watching pornography in their presence and eventually committing sexual abuse against them. Harrah police state that Miller is also under investigation in Potontoc County.
Miller is suspended from his duties with the Oklahoma City Thunder. The organization said, "Due to the allegations and criminal case against him and until further notice, Mr. Miller has been removed from his duties as Thunder PA announcer." Harrah Public Schools has placed Miller on administrative leave pending the investigations, but asserts that the investigation does not indicate the involvement of any students.
In a signed affidavit, an interviewer of Mr. Miller says that the incidents were accidental, stating that he had a "problem with internet pornography," and that the minors had occasionally walked in on him while he was watching porn and masturbating.
Being accused of a sex crime in Oklahoma can result in the loss of your job and the destruction of your family. If you or a loved one has been accused of a sex offense, it is important to seek legal representation as soon as possible. Call the experienced Oklahoma City sex crime defense attorneys with Phillips & Bailey when you need help.
Ex-Juvenile Justice Worker Charged with Embezzlement in Oklahoma
A former juvenile justice specialist with the Office of Juvenile Affairs in Frederick has been charged with four counts of embezzlement in Oklahoma. Patricia J. Hughes, 61, was charged yesterday in Tillman County after she was accused of depositing money orders intended for victim restitution into her personal accounts. Investigators were alerted to the alleged embezzlement after a victim notified the agency that he was not receiving his restitution checks as scheduled.
Court records show that Hughes admitted to an investigator with the Oklahoma Office of Juvenile Affairs that she deposited four restitution money orders in the amount of $1,000 each into her personal bank account. She allegedly told the investigator that she had been having financial difficulty and needed the money to help support her own children.
Patricia Hughes was employed as a juvenile justice specialist with the Frederick agency of the Office of Juvenile Affairs from 2005 until 2011, when she left the agency as part of a voluntary buyout.
Though embezzlement, or misappropriation of funds with which one is entrusted or to which one has access, is sometimes committed out of greed, it is often an action taken by people who find themselves in a desperate financial situation and are looking for a way out. In Ms. Hughes' case, she claimed to be having financial difficulty and struggling to support her children. In other cases, overwhelming debt, fear of foreclosure, divorce, or addiction may create financial burdens that leave otherwise law abiding citizens scrambling for a solution. Though these situations do not justify theft, many people use embezzlement to quickly solve a stressful financial problem. Often, perpetrators of embezzlement have every intention of paying back the funds they appropriated to their own use; unfortunately for them, they are often caught before they are able to do so.
If you have been accused of embezzlement or fraud, or if you suspect that you are being investigated for potential involvement in an embezzlement scheme, it is important to consult an experienced Oklahoma white collar crime lawyer as quickly as possible. Whether you have, in fact, embezzled money, or whether you were acting under a supervisor's orders and were unaware that the activity was illegal, a skilled attorney can closely evaluate your case to determine the optimal defense strategy. By taking a proactive approach, you may be able to mitigate some of the penalties associated with an embezzlement conviction; if you are innocent of the charges, an embezzlement lawyer in Oklahoma can aggressively pursue a dismissal of the charges or an acquittal at trial.
Former Oklahoma Teacher Charged with Sex Crimes Surrenders
It seems that headlines continually spotlight teachers accused of sex crimes against students. Though teachers are no more or less likely to commit lewd acts with minors than any other person, the nature of their profession seems to make these arrests particularly newsworthy. Furthermore, because Oklahoma law stipulates that sex between a student and employee of the same district is illegal, certain acts which would otherwise be considered consensual sex are illegal for teachers and other professionals in Oklahoma. Oklahoma statutory rape laws set the age of consent at 16; however, teachers, law enforcement agents, and others who are in a custodial or supervisory position are legally prevented from engaging in sexual activity with those under their custody or supervision. However, with the number of teachers accused of sex crimes revealed in the local media, it seems that Oklahoma sex crime defense attorneys would have no shortage of clients needing skillful representation.
Early this week, a former teacher in Clayton, Oklahoma, surrendered to authorities after she was accused of having a sexual relationship with a 15-year-old student. Rhonda Ford, 29, resigned her position as English teacher at Clayton High School in Pushmataha County after rumors began circulating that she and a student were sexually involved. In March, the Oklahoma State Bureau of Investigations (OSBI) began investigating the claims, and Ford resigned the following week.
According to police, the alleged victim told authorities that he began a sexual relationship with the teacher shortly after Valentine's Day, and that the two had sex on at least ten occasions in February and March. To confirm his allegations, he told police he could identify a tattoo that Ford has below the panty line.
A warrant was issued for Ford's arrest last week. She surrendered on Sunday to face criminal charges including one count of lewd or indecent acts with a minor under 16, four counts of second degree rape, four counts of sodomy, and three counts of providing alcohol to minors. Three students told police that Ford had asked them to help her move and, as payment, she provided them with beer and liquor.
Ford was employed by Clayton Public Schools for less than one year. She began working for Clayton High School in August 2011 and resigned prior to April 1, 2012.
Before teaching in Clayton, Ford was employed as an English teacher at Cleveland High School for one semester--from August 2009 to January 2010. Though confidentiality law prevents Cleveland Public Schools from releasing details of Ford's resignation, Cleveland High School principal Alan Baker is listed on an affidavit as a witness for the prosecution.
Because the age of consent in Oklahoma is 16, and Ford's alleged victim is 15, she would have been facing prosecution even if she were not a teacher. However, because she was a teacher, she was legally precluded from having sex with any student in the district in which she worked, even if that student had reached or passed the age of legal consent.
Any teacher who has sex with a student not only risks his or her career, but also faces criminal prosecution and mandatory registration as an Oklahoma Sex Offender. If you or a loved one has been accused of lewd acts with a minor or statutory rape, contact a skilled, experienced Oklahoma sex crime defense lawyer as quickly as possible.
Store Manager Charged with Embezzlement in Oklahoma County
Embezzlement often entails complex schemes to siphon money from its rightful owners, but the crime can be as simple as taking the money and walking away. Oklahoma City white collar crime lawyers represent those who have been accused of stealing from the workplace by embezzling funds or property. Sometimes, they represent individuals who are accused of being a part of a covert and longstanding scheme to misappropriate funds. Other times, they may represent individuals who are accused of taking a more direct approach.
Yesterday, and Oklahoma City woman was charged with two counts of embezzlement after she was accused of directly stealing the deposits of an Edmond convenience store. Christina M. DeWitt, 38, was charged with embezzlement in Oklahoma County District Court for allegedly twice failing to deposit the receipts of the Circle K convenience store located at 1308 North Bryant Avenue in Edmond.
Store video allegedly shows DeWitt leaving the store with a deposit of $4,255 on March 29, and a deposit of $10,316.89 on March 30. According to DeWitt's employer, the store manager was supposed to make the deposits and then return to the store to train another employee. However, the employer says, the deposits were not made, and DeWitt never returned to work.
Under Oklahoma embezzlement law, the penalties for embezzlement vary according to the value of the property or stolen funds. For example, embezzlement of less than $500 is a misdemeanor punishable by up to one year in jail and a fine of up to $1,000. However, the greater the value of the embezzled property, the greater the severity of the crime. In this case, the suspect is accused of stealing more than $14,000. Under Oklahoma law, theft or embezzlement of property valued between $1,000 and $25,000 is punishable by restitution, a fine of up to $5,000, and a prison sentence of up to five years in a state penitentiary.
What is embezzlement? What actions constitute embezzlement and contribute to criminal charges?
Embezzlement is defined as "the fraudulent appropriation of funds or property entrusted to one's care but actually owned by someone else." In other words, if someone is entrusted with the money or property of an individual, business, or organization, and that person takes the money or property for his or her own personal use, then he or she has committed embezzlement.
Examples of embezzlement include:
- An employee of a business, organization, or institution who pockets all or part of the deposits
- A guardian or an executor of a will or estate who has legal access to the funds of another person, living or dead, and misappropriates those funds for personal use or funnels the money into personal accounts
- An employee takes cash from the register or fails to ring up items, pocketing the customer's payment
- An employee adds fictitious names or names of relatives to the company payroll to collect multiple paychecks for phony employees
- A bookkeeper falsifies payments and accounts
- Check kiting
- Falsifying timesheets
- and more.
If you have been charged with embezzlement, are being investigated for embezzlement, or if you suspect that you may be involved in illegal activity, it is important that you cease the questionable action and contact an experienced Oklahoma white collar crime lawyer who can help you determine the best course of action to protect against criminal charges.
Cat, Baby Test Positive for Meth in Separate Oklahoma Drug Cases
Like many states, Oklahoma has a significant meth problem. Nationally, meth lab seizures have increased 577% since 1995, and the DEA reports that the "drug of choice" in Oklahoma is methamphetamine. Last year, a Tulsa reporter claimed that police across the nation have dubbed Tulsa "The Meth Capital of the U.S." Oklahoma drug lawyers understand the toll meth use and abuse can have on everyone involved, including not only the meth manufacturers, dealers, and addicts, but also the innocent victims of this incipient drug: from taxpayers, law enforcement agencies, and fire departments to neighbors of meth houses and children and animals who live under dangerous conditions surrounded by meth labs.
In separate incidents recently, both a cat and an infant tested positive for meth near Tulsa. The cat was found at a Catoosa home that was raided in a drug bust on April 15. The raid revealed multiple one-pot meth labs (a common method for manufacturing meth in Oklahoma). Though several cats were in the home, the one in the worst condition was taken from the home to be treated at a local veterinarian's office. The cat, who was extremely malnourished and neglected, tested positive for meth. The veterinarian said that although it did not appear that the cat had ingested the drug, the chemicals were found in its blood stream from living in the environment containing at least thirty one-pot meth labs.
On April 24, police arrested a Skiatook woman after her 8-month-old daughter tested positive for meth at St. Francis Hospital in Tulsa. According to police, Amy Lynn Daugherty, 25, sought the advice of a family friend with medical training when she found her infant daughter limp and unresponsive. Emergency personnel transported the infant and her mother to the Tulsa hospital, where the baby tested positive for high levels of meth. Daugherty told police that a few days before, she and her daughter had been present in a home where meth and marijuana were being used. She reportedly told authorities that her daughter had never been out of her supervision and that she did not know how it was possible that the baby had ingested methamphetamine. Daugherty was arrested on a complaint of child neglect, with bail set at $25,000. The injured infant, her twin sister, and a 5-year-old brother were taken in to protective custody by DHS.
The manufacture of methamphetamine is relatively cheap and easy; however, meth labs are fraught with inherent dangers from burns, explosions, and accidental ingestion. Because of the dangers of meth and the high cost of addiction, meth manufacturing, distribution, and possession are prosecuted vigorously. If you or someone you love has been accused of a meth offense, contact an experienced Oklahoma drug defense attorney today.
No Contest Plea for Woman Accused of Child Rape in Oklahoma
Amy Marie Blose, 38, of Norman, Oklahoma, has entered a plea of no contest in Cleveland County District Court after she was charged with multiple felonies after an alleged sexual relationship with a 13-year-old boy. She is being held without bail pending sentencing June 15. Originally released on $20,000 bail, Blose had her bail revoked after she attempted to contact the victim in violation of a court order.
Blose is accused of having a sexual relationship with the teen, who was a friend of her daughter. She faces up to life in prison for fifteen counts of first-degree rape, five counts of lewd acts with a minor, three counts of forcible oral sodomy, and one count of lewd or indecent proposals to a minor. Though her no contest plea places her at the mercy of the court, she will be required to register as an Oklahoma sex offender for life even if she does not receive a life sentence to prison.
Her no contest plea was likely advised by her Oklahoma sex crimes defense lawyer. Most people do not understand the difference between a guilty plea and a plea of no contest, and a skillful attorney will closely advise his or her clients on which plea is likely to provide the best outcome.
An Oklahoma City criminal defense attorney can explain the possible plea options and the advantages and disadvantages to each. Essentially, a defendant has three plea options: not guilty, guilty, or nolo contendere (no contest).
In a not guilty plea, the defendant maintains his or her own innocence. By pleading not guilty, the defendant chooses to have his or her case go to trial to be decided by a judge or jury.
In a guilty plea, the defendant admits to the crime or crimes of which he or she is accused. By pleading not guilty, the defendant avoids the time and expense of a jury trial and accepts the conviction and sentencing of the judge.
A plea of no contest has a similar outcome to a guilty plea: there is no trial, the defendant is convicted of a crime, and the judge issues any sentence. In a no contest plea, the defendant admits no guilt; rather, the defendant chooses not to fight the charges at trial. A nolo contendere plea may offer some relief from civil litigation related to the criminal charge.
Another possible plea option in Oklahoma is the "Alford plea." An Alford plea is similar to a no contest plea. However, whereas a plea of no contest neither accepts nor denies guilt, in an Alford plea, the defendant proclaims his or her innocence. By making an Alford plea, the defendant says that, although he or she is innocent of the charges, the prosecution's evidence would likely result in conviction. The defendant chooses the court's judgment over a jury trial.
If you have been charged with a criminal offense, your Oklahoma defense lawyer should carefully explain your options for pleading and should make sure you understand the advantages, disadvantages, and likelihood of success for each plea. Before making a plea, be certain your attorney has fully explained the options available to you and how each is likely to impact your case.
Teens Charged as Youthful Offenders in Alleged Oklahoma Rape
Oklahoma City juvenile sex offense attorneys represent clients under the age of 18 who have been charged with sex offenses that would be considered a crime if perpetrated by an adult. In a recent case out of Choctaw, Oklahoma, two teens have been charged as youthful offenders, a 19-year-old man has been criminally charged, and two other younger teens may face charges.
On Friday, 17-year-old Kody Matthew Koonce of Choctaw and 17-year-old Cody Gene McGee of Jones were charged with first degree rape and forcible oral sodomy in Oklahoma County District Court. The boys are alleged to have raped a 17-year-old girl with Down Syndrome on February 12 of this year. Two younger boys, at least one of whom was only 14 at the time, are also accused of participating in the sexual assault against the girl, who is said to have the mental capacity of a 5 or 6 year old.
Allegedly, Koonce, McGee, and a third boy raped the girl at a Choctaw residence. The three teens and a fourth boy allegedly also performed oral sex on the girl. A 19-year-old man who was allegedly present at the time of the assault has been charged with abuse or neglect of a child. The man, Rusty Begay, is also charged with forcible oral sodomy for allegedly performing oral sex on one of the boys involved, who was 14 at the time.
Though the alleged victim was 17 at the time of the incident, and above the legal age of consent, her mental capacity as a result of Down Syndrome makes her unable to legally consent. According to Oklahoma rape laws, it is considered rape in the first degree if the rape is "committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime."
If your child has been accused of a sex offense, it is important to find an Oklahoma sex crimes lawyer who is experienced at handling juvenile cases. An Oklahoma juvenile sex crime lawyer will represent your child for the best possible outcome, working carefully to avoid having your child, as a criminal defendant, become a victim of inflated charges and overzealous prosecution.
Oklahoma Domestic Dispute Involves Twin Strippers and a Bat
Though the specifics of each and every criminal case are unique, there are certain types of cases which may seem routine. However, every so often a case will come across the desk of an Oklahoma City criminal defense lawyer with details that make the case truly stand out from the others.
For example, earlier this week in Vinita, Oklahoma, a woman was arrested on complaints of marijuana possession with intent to distribute, possession of a firearm in the commission of a felony, and maintaining a dwelling where drugs are present. During the search of the woman's property, a Craig County drug task force seized guns, six pounds of marijuana, and $277,000 in cash. At first glance, the scenario seems typical of a drug arrest. However, when you find out that Darlene Mayes, the woman arrested, is 73 years old, the story takes an unexpected twist. Arrest photos show Mayes to be a tiny, white-haired, little old lady in glasses--not typically what one would expect from a drug task force arrest. Mayes claims the $277,000 in seized cash is for her retirement. It is not clear if the retired DHS worker has yet retained an Oklahoma drug crimes defense lawyer, but authorities allege that Ms. Mayes is a major player in the northeastern Oklahoma drug trade.
The pot granny isn't the only case making headlines because of its bizarre details this week. A domestic dispute case in Oklahoma City made headlines largely in part due to the participants involved. Oklahoma has a high rate of domestic violence, so ordinarily, a fight involving a woman and her fiance would not make the news--or if it did, it would be a slow news day indeed. However, if the participants in the fight with the fiance are twins who work at the same strip club, and the fight involves a baseball bat, the details are just enough to boost the story from mundane to newsworthy.
Police responded to the scene of the altercation, where they received multiple accounts of what happened from those involved. According to the police report, officers responded to a home where Stacy Helguera, 25, her twin sister Tracy Murray, Murray's fiance Brooks Brady, 25, and a cousin all reside. Helguera initially told police that when she and her sister returned home from the strip club where both women work, a drunken Brady began assaulting the women and the cousin with a baseball bat. She later changed her story to say that she and Brady were arguing when Brady punched her in the face, causing her sister to come to her defense. When Murray tried to help her, says Helguera, Brady began attacking her.
Murray's version of the story differs from her sister's. She says that both Brady and Helguera were drunk, and that Helguera had been antagonizing Brady. When Helguera slapped Brady, says Murray, he began to violently fight back. Murray says that she tried to choke Brady from behind to stop the fight, and that Brady then began to beat her instead.
Of course, Brady has a different story to tell. While he initially told police that the sisters "jumped him," he later said that all of his injuries were from work.
None of the three wanted to press charges, but Oklahoma does not require a victim's consent to press charges in a domestic violence case. All three combatants were arrested and face differing charges:
- Stacy Helguera - domestic assault and battery with a dangerous weapon
- Tracy Murray - domestic abuse by strangulation
- Brooks Brady - violation of the domestic abuse act
Marijuana busts and domestic abuse cases are both fairly common in Oklahoma. However, when you sprinkle in unusual details like a geriatric drug lords and twin strippers, these cases cross into a whole new realm. Oklahoma City defense lawyers know that every case is unique, and must work with those individual details to create the strongest defense possible for both ordinary and extraordinary cases.
Oklahoma City Counselor Accused of Medicaid Fraud
Amental health counselor on probation for a 2010 Oklahoma City Medicaid fraud conviction was indicted by a multicounty grand jury last week after she was accused of continuing to defraud Medicaid. Vickie Rhea Yearwood, 53, is accused of submitting false claims to the Oklahoma Health Care Authority in the last three months of 2011. Grand jurors say that Yearwood billed $34,000 for counseling sessions with fifteen children, but that the sessions never occurred. They allege that she faked progress reports for the children to support her fraudulent claims.
While the alleged fraud occurred, the counselor was already serving five years probation for a previous Medicaid fraud conviction. In 2010, she pleaded guilty to a felony charge of Medicaid fraud, and was sentenced to probation plus nearly $8,000 in restitution. According to her Oklahoma City fraud lawyer, Yearwood has already promised to pay $34,000 in restitution for the current case.
Medicare fraud and Medicaid fraud are federal white collar crimes. Such health care fraud occurs most frequently when medical caregivers file fraudulent claims for services not rendered or medical equipment not provided. Examples include:
- Billing for tests not performed
- Performing unnecessary procedures
- Charging for equipment or supplies that were never ordered
- Billing for new equipment but providing the patient with used equipment
- Billing for high-end equipment but providing the patient with a cheaper alternative
- Code jamming, or inserting false diagnosis codes
- Unbundling services, using multiple codes for services typically billed under an inclusive code
- Up-coding, or using a diagnosis code that indicates the patient experienced complications or needed more extensive medical care
- Patient billing, in which a patient provides his or her Medicare or Medicaid number in return for kickbacks
The Office of Inspector General for the U.S. Department of Health and Human Services is charged with oversight of the Department of Health and Human Services (HHS), which includes Medicare and Medicaid. When fraud is suspected, the investigation is often launched by the Office of Inspector General (OIG) in conjunction with the Federal Bureau of Investigation (FBI). Penalties for Medicare fraud and Medicare fraud can be steep and may include prison, restitution, and a ban from participating in HHS programs.
If you are being investigated for health care fraud, it is important that you contact an experienced Oklahoma City white collar crimes lawyer as soon as possible. Your attorney can help protect your rights during the investigation and can help you take a proactive approach to your defense.