Michigan Criminal Lawyers Blog

June 5, 2013

Former Assistant Wayne County Executive Investigated by FBI Pleads Guilty to Wire Fraud

On Tuesday June 4 Michael Grundy pleaded guilty to wire fraud involving the transfer of $400,000 to Medtrix, Grundy’s company, from Wayne County’s health insurance agency. Grundy is a former Assistant Wayne County Executive; he was fired by Robert Ficano in late 2011 when news of the FBI investigation involving Grundy came to light.

According to a news article at Mlive.com, Grundy allegedly arranged the transfer of the money to his company to be used for implementing an electronic medical records system. However, it was revealed that another company was already providing this service. Grundy was initially charged with obstruction of justice, extortion, and accepting kickbacks involving another $1.7 million that was allegedly transferred to companies he owned.

In March of 2012 a press release revealed that Grundy and Keith Griffin, a longtime friend, had worked together to bilk Wayne County HealthChoice in order to enrich their own lives. Griffin allegedly invoiced HealthChoice for advertisement and other services rendered by Advertise Me for more than $1 million. The press release indicates that Grundy received a kickback from payments made on the inflated invoices to Advertise Me from HealthChoice.

Ultimately, Grundy is alleged to have abused his powers as Assistant Wayne County Executive to discreetly engage in illegal activities and obtain kickbacks, according to a statement made by Erick Martinez, IRS Criminal Investigation Special Agent in Charge. Martinez said that IRS Criminal Investigation is committed to ensuring that public officials who line their pockets with money gained through their positions are deprived of the financial gains illegally obtained, and brought to justice.

In 2012, Grundy’s vehicles, Detroit home, and approximately $7,700 were seized by the government.

Michigan fraud lawyers know that individuals who are convicted of theft-related crimes on a federal level face extremely serious consequences. Wire fraud is a federal crime; individuals may face prison time of up to 20 years and fines of up to $1 million depending on the circumstances.

June 4, 2013

Convictions in $7 Million Ponzi Scheme Reversed by Federal Appeals Court

by Scott Grabel

The convictions of Bryce Sherwood and Michael Heshelman, two men convicted in a $7 million Ponzi scheme in 2009, have been reversed by a federal appeals court after it was determined that the defendants’ “speedy trial” rights were violated when prosecutors took too long to bring the cases to trial.

The two men, along with a third, Dennis Mickelson, were indicted in February of 2006 for allegations of wire fraud, conspiracy, and money laundering according to a news article at Mlive.com. Following the indictments, it was nearly three years before the cases went to trial. It was requested by the government that the indictments be sealed as the investigation into the scheme continued and the three men could be arrested.

While federal prosecutors were aware of where Mickelson and Sherwood lived, Heshelman apparently resided in Switzerland according to information on his passport application, a fact that federal prosecutors soon discovered according to the appeals court. Ultimately, prosecutors wanted to extradite Heshelman from Switzerland back to the U.S., but were concerned that the Swiss would refuse their request based on the fact that the suspect was wanted on money laundering charges.

The FBI was notified by the Swiss government that they had possible address for Heshelman in 2007, however they would not proceed to extradite him without a provisional arrest warrant. Heshelman was arrested a few months later by the Swiss government for fraud, which the U.S. was notified of. It was February of 2009 before Heshelman was finally extradited from Switzerland after the U.S. government provided an arrest warrant.

While Sherwood claimed that his case was delayed for too long due to authorities not wanting to proceed prior to the arrest of Heshelman, Heshelman argued that his arrest and subsequent trial was intentionally delayed by the U.S. government. In the end, the federal appeals court agreed, finding that the government failed to be reasonably diligent in locating Heshelman, and that there was no evidence indicating that the arrest of Heshelman was made difficult by the Swiss government.

Michigan trial and appellate attorneys know that it is often the case that errors are made in the legal justice system, whether at the state or federal level.

June 4, 2013

Sebewaing Man Arrested for Shotgun Robbery of Pittsfield Township BP Station

by Scott Grabel

On Monday June 3, Pittsfield Township police arrested a Sebewaing man who is 25 years old and believed to be involved in a robbery that occurred at the BP station located at 4975 Washtenaw Avenue.

Police suspect that the man may also be involved in another BP station robbery that took place on the previous Saturday afternoon; this station is located at 3720 Washtenaw Avenue. In both cases, the suspect brandished what was described as a “long” gun or shotgun.

In the Saturday incident, Lt. Renee Bush of the Ann Arbor police said that the suspect demanded money from the clerk after entering the station and brandishing a long gun. He then allegedly fled on foot, getting into a white colored older model car behind the business, according to witnesses who were pumping gas.

On Monday, the 25-year-old suspect entered the BP station holding a shotgun and wearing a mask. While it was not revealed in a news article at Annarbor.com whether the suspect got away with money, he fled in a vehicle just as officers were arriving on scene. After investigators were notified that the man pulled into a location off of Golfside Road, a search was underway which included the K-9 unit shared by the Pittsfield Township and Ypsilanti police departments. The suspect was taken into custody after being located by an officer.

While it isn’t known for certain if the suspect committed both BP robberies, news reports indicate that in both cases the suspect was wearing a ski mask and brandishing a gun. The suspect in the Saturday robbery is described as a white male who is described to have a skinny build and height of between 5’8″ and 6′ tall.

Armed robbery is an extremely serious offense in Michigan. As all Michigan armed robbery lawyers know, an individual who is convicted of stealing money from an establishment while in possession of a weapon, or who even insinuates the presence of a weapon may face life in prison.

May 31, 2013

23-year-old Detroit Man to Appear in Court on Armed Robbery, Other Charges

by Scott Grabel

Jamill Devon Passmore, a 23-year-old Detroit man who allegedly assisted in setting up a group of EMU students who were robbed of personal items outside of the Westview Apartments in January of this year, is scheduled to appear in court on Thursday, May 30 for a pretrial hearing before Judge David Swartz.

According to EMU police, a student and four guests who had been watching a basketball game at the student’s apartment were robbed of cell phones, Rolex watches and other items as they left the apartment at approximately 1:30 a.m. Two men approached the group and implied that they had a weapon before robbing the group of men. Police believed that one of the visitors who had been in the student’s apartment was involved in the robbery because of “statements that some of the guests made.”

The student who lived in the apartment, Charles Bell, watched the game with Passmore, William Gholston, Michael Jefferson, and Reggie James, all of whom were believed to be EMU students other than James. Passmore repeatedly left the apartment to walk and talk on his cell phone according to a news article at Annarbor.com. Police believe he was talking with two men that he had driven from Detroit to Ypsilanti with.

When the five men (including Passmore) left the apartment, they were reportedly going to meet some girls at a party. According to Gholston, the men had been out of the apartment only seconds when they were threatened by two men who approached them from behind and said they had a weapon. Three of the group got down on the ground, however Passmore and Jefferson ran according to testimony. Jefferson said that as he and Passmore ran from the suspected robbers, Passmore attempted to rob him. Jefferson testified that Passmore grabbed the back of his head and slammed him to the ground. After failing an attempt to take Jefferson’s Rolex, he fled the scene.

Police determined that Passmore had been involved in a setup with two other men to rob the victims. He was charged with assault with intent to rob while unarmed, four counts of conspiracy to commit armed robbery, and four counts of armed robbery. He is currently being held in the Washtenaw County Jail on a $75,000 cash bond.

Michigan armed robbery attorneys know that individuals convicted of armed robbery face a minimum of two years in prison, and may be sentenced to life behind bars.

May 31, 2013

Consider This Before Driving on a Suspended License

by Scott Grabel

Regardless of whether you live in Michigan or another state, it can be tempting to drive when your license has been suspended – in fact, there are times when it may actually be necessary. However, before you make the decision to get behind the wheel even though your driver’s license has been suspended, consider the following.

Most people who toss the idea of driving even though their license has been suspended back and forth think about how careful they will be not to get in an accident, or how they will be super-cautious, obeying all of the traffic laws. No running a stop sign or light, driving the speed limit, being sure to use turn signals and change lanes properly, etc. This is great, but what about when it isn’t all in your control?

It’s important that you consider all of the possible scenarios before you get behind the wheel without a valid driver’s license. Case in point: Last year a Caro, Michigan woman rear ended a car that was stopped at a red light, causing the vehicle she struck to hit a third vehicle. The woman at fault was talking on a cell phone when this accident happened, an example of what distracted driving can lead to. However, it was determined that the vehicle she struck was driven by a Saginaw man who had no proof of insurance, and was driving on a suspended license. He was ticketed – true story.

As you can see, the man who was driving on a suspended license had no control in this situation. What happens when you are caught driving on a suspended license? It all depends on the circumstances. Some individuals may face time behind bars or paying fines or driver’s responsibility fees. However many individuals find that their driver’s license will be suspended for twice as long as it was initially when they have been caught driving on an invalid licenses.

The lesson here is never to drive on a suspended license when you can avoid doing so.

May 30, 2013

Suspect in Stabbing of 64-year-old BP Customer Caught on Surveillance Footage

by Scott Grabel

Maurice Abraham, a 27-year-old Detroit resident, may face trial after he was caught on surveillance footage at a BP gas station in the 20200 block of the southbound Lodge Freeway stabbing a 64-year-old man repeatedly after entering the store. Abraham’s case has been bound over to the Wayne County Circuit Court. He was charged by the Wayne County Prosecutor’s Office with assault with intent to murder, armed robbery, and assault with intent to do great bodily harm.

Abraham had also been charged with resisting and obstructing arrest, however those two counts were dismissed due to lack of evidence. The incident took place on May 11 at about 5 a.m. as Abraham allegedly approached the 64-year-old man as he was leaving the BP station, demanding his money.

The older man was chased by Abraham after fleeing back inside the station, then repeatedly stabbed as other patrons and employees witnessed the incident. He survived his injuries, although the suspect got away with an undisclosed amount of money.

Abraham reportedly lives in the area according to a news article at Mlive.com. Detroit Police Lt. David LeValley said that the video tape was broadcast on several newscasts, and that because of the broadcasts a tip was received providing the name of the suspect. Abraham remained in jail on Wednesday May 29 pending payment of a $100,000 bond.

Michigan criminal defense lawyers know that both armed robbery and assault with intent to murder are extremely serious charges, leaving individuals who are convicted facing harsh punishment. Armed robbery may be punishable by up to 15 years in prison depending on the circumstances; assault with intent to murder may leave the accused facing any number of years up to life in prison.

May 29, 2013

Lansing Man Charged with Home Invasion, Other Charges Following Stand Off with Police

by Scott Grabel

On Tuesday May 28, 28-year-old Lewis West was arraigned on numerous felony charges including first-degree home invasion and assault by strangulation after he allegedly broke into a home and then became involved in a stand off with police which lasted several hours, according to a news article at Mlive.com.

West, who went before Lansing District Judge Frank DeLuca on Tuesday, was charged with possession of a firearm by a felon, felony firearm, and two counts of assault with a dangerous weapon in addition to the previously mentioned offenses.

The incident unfolded when a man in the 1100 block of Comfort Street waved down a Lansing police officer who was patrolling the area at approximately 5:40 a.m. The man, who is 17 years old, reported to police that West attacked a woman who was inside a residence after forcing his way into the home. The 17-year-old then attempted to intervene in the altercation, and was physically assaulted by the suspect. According to the news article, both the woman and the 17-year-old were threatened by West with a firearm.

There was also a small child inside the home with the woman; when the young man escaped to flag down police, the woman and child were unable to flee. Upon their arrival, police officers attempted to make verbal contact with those inside the home, but could not get any response. Negotiators and tactical officers were then called to the home at approximately 7 a.m. After nearly three hours, West came out of the home and was arrested without incident according to police.

Judge DeLuca scheduled West’s preliminary exam for June 6; West’s bond was set at $300,000 cash surety.
As Michigan home invasion lawyers are aware, the penalties for individuals convicted of first-degree home invasion are severe, and include fines of up to $5,000 and up to 20 years in prison. Penalties may be even harsher if the individuals has a prior criminal record.

May 29, 2013

Federal Appeals Court Reinstates Death Penalty for Man Convicted of 1997 Murder

by Scott Grabel

In June of 1997, Marvin Gabrion allegedly abducted and killed Rachel Timmerman and her infant daughter, Shannon Verhage. Gabrion is alleged to have killed three others as well. In 2002, he was convicted of the murders in federal court and sentenced to death. Capital punishment was abolished in the state of Michigan in 1846. Gabrion appealed his sentence on the grounds that he would not have been sentenced to death if he had been tried by the state, and that his attorneys should have been permitted to reveal this information to jurors. He also argued the point that the murder of the victim did not occur on federal property.

Gabrion is accused of murdering Rachel Timmerman two days prior to his rape trial, in which he stood accused of raping Timmerman; she was to testify against him in connection with the August 1996 rape. Court records revealed that Gabrion threatened to kill Timmerman and her baby if she told anyone about the rape, which she reported to Newaygo County Sheriff’s deputies. At the time of her death, the victim was 19 years old. Gabrion reportedly abducted Timmerman and killed her by weighing her down with a concrete block, then tossing her into a remote lake in the Manistee National Forest after she was bound and gagged.

According to a news article at Mlive.com, an appeals panel had overturned Gabrion’s death penalty sentence earlier. On Tuesday, May 28, a federal appeals court upheld the death penalty, saying that the fact that Michigan lacks a death penalty has nothing to with Gabrion’s character, or the fact that he chose to kill the victim. In their decision, the Court of Appeals went on to say that it had nothing to do with the defendant’s culpability, or the manner in which the victim was murdered.

Michigan appellate law attorneys realize that whether at the state or federal level, appealing a conviction or sentencing is never easy; in fact, it is a complex process that requires the skill and ability of a seasoned lawyer with extensive hands-on experience in this specialized area of the law.

May 28, 2013

72-year-old Royal Oak Township Woman Charged with Attempted Murder of Daughter

by Scott Grabel

On Friday May 24, 72-year-old Mozella McIntyre was arrested and charged with attempted murder after she and her adopted daughter became involved in an argument over a bottle of water; McIntyre fired a gun at the 20-year-old woman, who was uninjured. She was arraigned before Oak Park 45B District Judge David Gubow and released with a GPS electronic tether on personal bond.

According to a news article at the Oakland Press, McIntyre also faces a felony firearm charge.

On Tuesday evening Oakland County Sheriff’s deputies were called to the scene, located in the 21000 block of Reimanville. Sheriff’s Sgt. Chad Allan said that McIntyre refused her adopted daughter’s request for a bottle of water, and an argument ensued. At that point, McIntyre retrieved a .38-caliber handgun and proceeded to point it at her daughter. The gun misfired when she pulled the trigger on the first attempt because the chamber was empty. Upon firing the gun a second time, a wall was struck near where the daughter was standing.

The news article states that McIntyre has no prior criminal history, and that the gun was legally registered to her. Police confiscated the gun after recovering the bullet; the suspect’s gun was a 38 Special Smith & Wesson.

McIntyre is scheduled for a June 4 pre-exam hearing in Oak Park District Court; a preliminary exam is scheduled for June 6.

Michigan murder defense attorneys know that if convicted, McIntyre could face up to life in prison. Even if she is sentenced to any number of years, it is possible that she could spend a substantial portion or all of her life behind bars, considering her age.

May 27, 2013

Child Abuse Conviction Upheld by State Court of Appeals in Case Involving High-Speed Chase

by Scott Grabel

Paul William Nix, a 40-year-old man who was found guilty of fleeing and eluding police and on two counts of second-degree child abuse, recently had those convictions upheld by the Michigan Court of Appeals. Nix appealed his conviction on the grounds that the prosecutors in the case did not provide sufficient evidence to show that the 24-mile long high speed chase he was involved in was “likely to cause serious physical or mental harm to a child.” Nix allegedly had his two children, an infant and a 4-year-old stepson, unrestrained in the back seat of the Chevrolet Blazer he was driving at the time of the chase.

The defendant is currently serving six to 40 years for fleeing and eluding police, and four to 15 years on the two counts of second-degree child abuse.

It all started in June of 2011 when the suspect and his wife and children were parked in the Chevrolet Blazer at a city park. A sheriff’s deputy who was patrolling the area noticed that the license plate on the Blazer was expired; as he approached the vehicle, Nix drove away. According to a news article at Mlive.com, Nix had an outstanding warrant for his arrest in connection with an armed altercation which occurred three days prior, according to court records.

A high-speed pursuit ensued when Nix drove away from the park, continuing for 24 miles and reaching 100 mph speeds at times. The news article claims that Nix raced past traffic signs and signals, and crossed the center line; he also veered to avoid stop sticks placed in the road by a deputy, and attempted to ram a patrol car. Eventually, Nix crashed into the Alpine Slide at the Crystal Mountain Resort. Nix then got away after he fled on foot, but was arrested in Arkansas one week later as his family headed for Mexico.

The Michigan Court of Appeals panel found that the defendant’s actions did put the children in substantial danger after listening to the testimony of sheriff’s deputies.

Michigan criminal appeals attorneys know that it takes a lawyer with exceptional skill and experience to win these types of cases. The appeals process is complex, and very different from the criminal justice process.