Our client was a 35-year-old man who was charged in federal court with conspiracy to defraud, larceny, and wire fraud after an investigation uncovered his participation in a retail fraud scheme. The scheme involved multiple people who would steal high-value items from Lowe’s and then return them for gift cards. They would sell the gift cards at a discount on eBay.
Our client never directly stole any items from Lowe’s. However, he was arrested as a participant in the alleged conspiracy to defraud and came was appointed to the Roanoke criminal defense attorneys at Copenhaver, Ellett & Derrico for help. Attorney Rick Derrico took on the case within a week of our client being arrested in Lynchburg, VA.
With our help, our client opted to cooperate with investigators and provide information that helped end the multi-state conspiracy to defraud Lowe’s. This was a conspiracy that spanned five or six states and could may have cost Lowe’s a loss of $1 million. Our client gave six different interviews and statements and testified in front of a grand jury with Derrico by his side the entire time.
Our client’s cooperation allowed Derrico to file what’s known as a substantial assistance motion asking the judge to impose a reduced sentence. When someone gives information that helps the government solve a case, a judge is allowed to ignore federal sentencing guidelines and mandatory minimum sentences. Our client could have faced 30 years in a federal prison, but we were able to negotiate a reduction in his charge and a sentence of just over 3 years in prison. His penalty was greatly reduced because of his role in putting an end to the conspiracy to defraud Lowes.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.