Bienert, Miller, & Katzman, PLC Obtains Dismissal of Eighteen Felony Counts Against Client

Court Rules Eighteen Felony Counts Including Conspiracy and Grand Theft in Alleged Mortgage Fraud Scheme are Barred by the Statute of Limitations.

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SAN CLEMENTE, Calif. (PRWEB) August 04, 2014

James D. Riddet of Bienert, Miller & Katzman PLC, obtained a dismissal of all eighteen felony counts against his client, including two counts of conspiracy and sixteen counts of grand theft for his client’s alleged role in a mortgage fraud scheme. Mr. Riddet’s client was indicted by a grand jury over three years ago, but Mr. Riddet was able to obtain a dismissal of that indictment in May 2013 based on the argument that the statute of limitations had run.

The District Attorney immediately filed a felony complaint alleging sixteen new charges of grand theft and conspiracy for participating in a scheme involving completing false loan applications for which the statute of limitations begins on the date the alleged conspiracy was discovered, rather than the date of the alleged crime.

However, on July 28, 2014, after a two-day hearing, the court accepted Mr. Riddet’s argument that all counts were again barred by the statute of limitations. Mr. Riddet successfully argued that the statute of limitations for the conspiracy charge was three years, which ran from the date of the last overt act rather than the date of discovery, and the substantive counts were barred by the four year statute of limitations, even if calculated from the date of discovery - since the tolling provisions of CA Penal Code Section 803(b) did not apply because his client was not charged with those counts in the original indictment.

Two co-defendants have entered pleas of guilty to the charges, and, as a result of the dismissal of Mr. Riddet’s client, their charges are expected to be dismissed as well. No further charges are anticipated.

In re People v. Robin, Superior Court of California, Orange County, Case No. 13CF1413.

SOURCE: Bienert, Miller & Katzman, PLC

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