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This division, staffed by experienced attorneys and investigators, is involved in the investigation and prosecution of a variety of crimes dealing with economic loss. These crimes include, but are not necessarily limited to, violations of fiduciary responsibilities (misappropriation of funds), financial exploitation of the elderly, theft/embezzlement by employees, attorney misconduct (including unauthorized practice of law), insurance fraud, worker's compensation fraud, identity theft, and internet fraud.
The unit is also responsible for a broad spectrum of matters that do not fall within traditional classifications of criminal acts. These cases can include matters dealing with misconduct in office by public officials (malfeasance, misfeasance, nonfeasance), police misconduct (including all incidents involving the use of deadly force by a police officer in the line of duty), and complex matters requiring at least some degree of discretion, at least during the investigative stage.
Cases are brought to our attention in a variety of ways. The Special Prosecutions Unit works closely with the Fraud Section of the Montgomery County Police Department. Investigations undertaken by that police unit are frequently handled by our team members due to their complexity, the amount of the loss, and our experience with the types of evidence normally involved (such as bank records and spreadsheet analysis). We also receive referrals from other agencies, such as the Social Security Administration, the county's Adult Protective Services, and various other state and county agencies. Sometimes these referrals have already been fully investigated and are assigned directly to an attorney.
At other times, some degree of investigation is required and the matter is referred initially to an investigator and subsequently to an attorney once criminal conduct has been identified. On occasion, we are asked by judges, private attorneys, and private citizens to investigate matters that are suspected of being criminal in nature. Examples of these types of cases include misappropriation of funds, mishandling of an estate, and financial exploitation of the elderly. These cases are almost always assigned simultaneously to an investigator and an attorney.
Our unit continues to be involved in efforts to improve and strengthen Maryland law through legislation. One such area is the protection of seniors from financial exploitation, and our intent is to provide greater protection to this growing segment of our population from a wide range of predators ranging from caretakers to health care providers to relatives and friends. Based on an amendment to Maryland law that added the victim's age to the crime of exploitation of vulnerable adults, the unit started a Senior Financial Exploitation Prevention Initiative. By centralizing the screening, investigation, and data collection processes, increasing coordination among the various agencies that receive complaints, and providing community outreach, the unit will enhance the ability of seniors to protect themselves from financial exploitation, and improve its ability to prosecute and punish criminals when these prevention efforts fail. Older Montgomery County residents who believe they have been the victim of financial exploitation, or their family members, caregivers, or other interested persons, can contact the Project Manager at (240) 777-7340. |
| Equity-Skimming Scam by Foreclosure Consultant
The Maryland legislators enacted a new law under the Real Property statue, Subtitle 3. Protection of Homeowners in Foreclosure. The new law was intended to help protect home owners most at risk of losing their homes. The new statue 7-301 thru 7-321 identifies by definition what a Foreclosure Consultant means and details exactly what a consultant can and must do detail, by detail from meeting the home owner, to contracting with the home owner, what's prohibited, and giving the home owner a reasonable amount of time to resend the transaction.
The Montgomery County State's Attorney's Office, received a complaint from a home owner against Nicholas D. McLeod doing business as: United Consulting Firm, LLC. A thorough investigation by the Economic Crime Unit of the State's Attorney's office determined that McLeod had defrauded nine families whom had contracted him to help save their properties from bank foreclosures. McLeod was charged with a 21 count indictment and entered a plea of guilty to five counts. McLeod was sentenced in Montgomery County Circuit Court on January 9, 2008 to 6 years of incarceration.
For additional information see Washington Post Article entitled Gaithersburg Man Admits to Equity-Skimming Scam, by Ernesto Londono, August 19, 2007. | |