Friday, October 17, 2008

Metro man sent to jail for odometer fraud

A Buford, Ga., man has been sentenced to 18 months in federal prison and must pay $191,395 in restitution for rolling back odometers on used cars and trucks to make the vehicles more valuable.

Ronald Dale Cole, 55, pleaded guilty on May 30, in U.S. District Court in Atlanta, to two counts of odometer tampering.

Cole bought high-mileage cars, sport-utility vehicles and trucks, at wholesale auto auctions in Georgia and South Carolina, rolled back the odometers by an average of 97,742 miles and resold the vehicles at auto auctions. Cole sold 56 vehicles with altered odometers with an average loss per victim of $3,418. Most of the vehicles Cole sold were more than 10 years old.

The $191,395 in restitution is the amount the court found Cole had defrauded victims through his odometer fraud scheme.

Estate Financial principals in jail, bail $5M each

The Associated Press
Article Launched: 10/17/2008 06:32:33 AM PDT

PASO ROBLES, Calif.—Executives of the troubled Paso Robles lender Estate Financial have been arrested on 26 felony violations of the California Corporations Code.

Prosecutors say Karen Guth and Joshua Yaguda misrepresented investments in real estate backed securities, embezzling $500,000 and illegally taking more than $3.2 million.

San Luis Obispo County prosecutors, state investigators and FBI and Internal Revenue Service agents raided the rural Paso Robles property of Guth and Yaguda on Thursday and arrested the pair. Bail is set at $5 million each.

If convicted, they face more than 15 years in prison and $11 million in fines.

In May, the Department of Corporations revoked Estate Financial's permit to collect money from investors.

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Information from: The Tribune, http://www.sanluisobispo.com

Thursday, October 16, 2008

Georgia woman with 5 dead spouses leaves jail

(AP) — A grandmother charged in the death of one of her five dead husbands has been released from a North Carolina jail.

Authorities said 76-year-old Betty Neumar posted bond Thursday at the Stanly County jail. She was being held on a $300,000 bond.

Neumar is charged in the 1986 death of her fourth husband, Harold Gentry. Authorities have said she tried to hire three people to kill Gentry in the weeks before his bullet-riddled body was found in his rural North Carolina home. She was arrested in May.

Authorities in Florida and Ohio are investigating Neumar in the deaths of her third husband and her only son, and investigators also are re-examining the death of her first husband. She hasn't been charged in any of those cases.

Wednesday, October 15, 2008

County police officer pleads guilty to DUI

A Montgomery County Police officer who crashed his take-home cruiser on Interstate 270 in May has pleaded guilty to driving under the influence.

In an Oct. 3 plea agreement, the state dropped two lesser drunk-driving charges and District Court Judge Stephen P. Johnson gave Officer John Distel, a first-time offender, the disposition of "probation before judgment" — meaning the guilty plea will never appear on his permanent driving record if he meets all probation criteria for one year.

Probation before judgment, or PBJ, is often viewed as a best-case scenario by defense attorneys, observers said. Distel now faces an internal affairs investigation by Montgomery County Police.

"John Distel is a decorated officer and he looks forward to continuing his work for the county as a police officer," his private attorney Michael A. Taylor said Monday.

Distel, 32, a six-year county police veteran and patrol officer with the 2nd District station in Bethesda, crashed into two highway barriers about 1:25 a.m. on May 9 while driving south on Interstate 270 near the Montgomery Village overpass in Gaithersburg, according to county police. He sustained minor injuries in the crash, but was not taken to the hospital, police said. No one else was injured and he was the "sole witness" to the crash, Lt. Paul Starks, county police spokesman said in May.

County police conducted the police investigation, involving alcohol and collision investigation units, after Distel claimed he was a victim of a hit-and-run collision.

Police charged Distel, who lives in Germantown and previously worked in the 6th District in Gaithersburg, with driving under the influence, driving under the influence per se, and driving while impaired, according to court records.

Johnson placed Distel on one year supervised probation, which means he must check in periodically with a parole and probation officer and is banned from drinking alcohol for one year. Distel had enrolled in and is completing alcohol treatment, Taylor said in court. Distel was fined $307.50 and his driver's license was restored.

"Brief mention" of the "hit-and-run" allegations was made in court by Assistant State's Attorney Sharon Diamant, Taylor said on Monday. Diamant did not return calls for comment.

According to a collision report, Distel told police that he was driving his 2003 Crown Ford Victoria in the highway's center lane, when a silver Toyota passing on his left first struck his cruiser's rear and then its front, forcing him to lose control of his cruiser, spin and hit both the left and right shoulders of the four-lane span. The Toyota fled the scene, he told police. Starks said Monday that Distel gave a differing account after the initial investigation began.

"Officer Distel mistakenly believed that is what happened, he had suffered head trauma from the airbags discharging in his face," said Taylor.

Diamant referenced Distel's breath test and field sobriety test results in court, Taylor said. The Rockville attorney said he had "no comment" on why Distel used a cell phone to report the crash, rather than his in-car radio.

Per protocol, county police took away Distel's take-home car privileges and placed him on 90 hours of paid administrative leave in May, Starks said. He returned on restricted duty to a desk job on May 27, minus powers of a sworn police officer. Since September, Distel has had his police powers back, but he has not returned to patrol.

Now that the court process is complete, department policy stipulates that the officer must face an internal investigation to determine any administrative violations and his fate with the department. That review is now underway, Starks said. Repercussions could range from a fine or loss of personal leave to a letter of reprimand to termination, Starks said. The most serious punishments are usually held for officers with previous sustained history.

County policy also says that employees involved in alcohol-related incidents could be steered toward a diversion program.

According to department regulations, officers are not allowed to drive their cruisers within four hours of consuming alcohol.

A lawyer for the Fraternal Order of Police Montgomery County Lodge 35, the county police union, will represent Distel in the internal investigation, Taylor said.

According to court records, Distel has no prior traffic violations in Montgomery County. Taylor told the court that Distel is an Iraq war veteran, who served in Iraq in 2004. He served fulltime with the U.S. Army from 1996 to 2001 and as an Army reserve officer from 2001 to 2004, when he was honorably discharged from active duty.

Tuesday, October 14, 2008

Salty's sued over DUI death

PANAMA CITY BEACH — The wife of a man killed by a drunk driver last year filed suit Monday against the bar he was working for the night of the crash.

On the one-year anniversary of Clint Malone's death, his wife, Jennifer Malone, filed a lawsuit against Salty's Bar and Grill, 10908 Front Beach Road, and the establishment's managers, Kellen, Robert, Robert Jr. and Kellye Potter.

According to the complaint, Jeremy Matthew Hunt was working as a bar back, an assistant to the bartender, the night of Oct. 12 and into the morning of Oct. 13, 2007. Hunt left the bar drunk, according to the lawsuit, and his vehicle hit Clint Malone, 36, as he was riding a bicycle on Thomas Drive alongside Jennifer Malone, who was training for the New York City Marathon.

Hunt, 21, pleaded on contest in July to DUI manslaughter and leaving the scene of an accident with death. He received 10 years in prison followed by 20 years on probation.

Malone's lawyer, David Carter of Vero Beach, wrote in the complaint that the management of Salty's "had a policy or procedure whereby employees, including underage employees, were permitted to consume alcohol on Salty's premises."

A telephone number for the business was disconnected and phone numbers for the Potters could not be immediately located.

Carter wrote that Salty's knew Hunt was drinking on the job and he did so in the presence of management.

"Defendants had actual or constructive knowledge of multiple incidents in which Jeremy Hunt became intoxicated from alcohol provided by defendants on Salty's premises, then drove a vehicle in an intoxicated condition," Carter wrote. On the morning of the crash, he said, Hunt "consumed alcohol with defendants' consent and encouragement."

Carter said Salty's management also was negligent because it "failed to adequately and reasonably train and supervise Jeremy Hunt in the performance of his duties, including but not limit to Jeremy Hunt's participation in Salty's providing of alcohol and encouraging employees to consume alcohol."

Carter sued for Jennifer Malone's mental pain and suffering, as well as the suffering of her two children, and the loss of Clint Malone's companionship and support. The suit also asks for compensation for medical and funeral expenses and loss of earnings.

Friday, October 10, 2008

Man Convicted In DUI Records-Altering Case

Man Arranged Payments, Jury Says

SACRAMENTO, Calif. --
A man was convicted Friday in connection with his role in a DUI records-altering scheme, the district attorney's office said.

Hector Whitley was convicted on 10 felony counts involving conspiracy, secreting and destroying court records, and making fraudulent computer entries in seven DUI cases, Deputy District Attorney Don Steed said.

"The jury has made a clear statement that the obstruction of justice will not be tolerated by the criminal justice system or the community," Steed said.

Former Sacramento Superior Court clerk Fernando Catlin, the co-defendant, was assigned to enter data relating to active DUI cases.

Whitley was identified as the person who offered to arrange for the dismissals through Catlin in return for money, the office said.

Investigators linked seven false case dismissals to court orders and computer entries made by Catlin.

Catlin was sentenced in August to five years in state prison.

Whitley faces up to eight years in state prison, Steed said.

Tuesday, October 7, 2008

AG's decision means Chicago officer to go free


Iowa Attorney General Tom Miller decided today not to seek a review of a state appeals court ruling overturning the assault conviction of a Chicago police officer.

The officer, Michael Mette, could be quickly released from the Rockwell City state prison, perhaps within a day or two, state officials said.


The Iowa Court of Appeals threw our Mette’s conviction last week and ordered a Dubuque County District Court to acquit the officer.

Miller had 20 days to ask the Iowa Supreme Court to review the ruling, but he acted Tuesday by announcing that while he disagreed with the Court of Appeals analysis, he accepted the outcome.

“This case hinges on the factual findings set out in the District Court ruling and does not present the kind of clear legal issue which would be necessary for a successful application for further review to the Iowa Supreme Court,” according to a statement issued late this afternoon by Miller’s office.

Mette, 31, has been serving a five-year prison sentence that stemmed from an incident while he visited Dubuque on Oct. 9, 2005, to celebrate his brother’s 25th birthday. He went to a party at the home of Jake Gothard and quickly decided to leave, but Gothard became angry. Gothard and another man, Nicholas Boyd, followed Mette and his friends, yelling and threatening them with physical violence.

After some threats, pushing and shoving, Mette punched Gothard, breaking the man’s nose, cheek and jaw and knocking him unconscious, the court said. Gothard's blood-alcohol content was .27, more than triple the level at which an Iowa motorist is considered intoxicated, court records show.

When police officers arrived at the scene and questioned Mette and his brother, they both claimed Gothard had been drunk and fell down, according to court testimony.

An officer then noticed blood on Mette's hand and shirt and questioned him further. Mette then admitted punching Gothard, the court said. Mette claimed self-defense, but was convicted by Dubuque County Judge Monica Ackley. She ruled Mette had an obligation tor retreat from the situation.

Mette’s case gained widespread attention in Illinois, where the conviction was viewed as outrageous. Chicago Mayor Richard Daley wrote to Iowa Gov. Chet Culver, seeking a pardon for Mette. So did Cook County State’s Attorney Richard Devine and Chicago Police Superintendent Jody Weis.