Longmont Man Indicted On Suspicion of Charity Fraud - Page 50

The State isn't against this since the cost of a trial can be significant in both time and money. What I want is for the people and organizations to get the money they were entitled to. Likely this will mean work/release because if he's not making any money, then no one is getting restitution.

The fourteen felony counts against Schifter have been dismissed and a new one created that he pleaded guilty to under a plea agreement. The court clerk has no more information. I did call the prosecuting attorney's office but was informed that since I was not one of the affected parties no information would be given to me. I have contacted someone who was affected and perhaps they will get more information. The following is the latest screenshot I obtained.
It's of interest that they dropped the F3 charge which is more serious with respect to sentencing.

Update: all the charges were combined into one, the15th. Sentencing on 9/7.
Edited by Chu Gai - 7/18/12 at 4:45pm

Apparently crime does pay, at least white collar crime does.

and herein lies the problem with the justice system. Too often, people are robbed of the money, property and/or human right, and the defendant walks away with a slap on the wrist.

What are you guys talking about, he hasn't even been sentenced yet.

+1. In any event even if convicted on all counts seldom are consecutive sentences handed down, you do the same time for one offense or a hundred.

+1

He's is looking at 2-6 years in prison. Hardly seems like a slap on the wrist.

Anyone know how much jail time he has already served?

I just hope this clown does not try to start another audio company...

Lol, are there any bridges he hasn't burnt? I don't think anyone needs to worry about him, he is finished. I'm sure every chinese factory has a picture of this guys face at the check out counter with a caption that says "do not accept checks from this man!"

Well, you would think so, but he could use friends or family to setup the company. One thing about this guy is he is one slick dude....

Before he even started AV123, there were many in the audio business that said they would not do business with him. He had a well known history, but was still able to draw unsuspecting people into doing business with him. He found people that would listen to a sales pitch, and not do their own due diligence.

Read the dismisseds above. Each one is where he allegedly stole from someone. In each case he essentially got away with it.

Most people would consider a just outcome is that the perpetrator serve time consecutively. Our justice system seems too eager to dismiss charges and issue consecutive terms. If he stole $1M the fine should be $1M + all the legal/court costs + a penalty. If this came about as 5 crimes that each have a 2 year sentence then the term should be 10 years total, not all served consecutively, IMO. Serving several terms consecutively is not any different than serving one term. You might as well say we're throwing out the penalty for what you did on most of this stuff because you screwed over so many people.

Even if he gets 6yrs (which is highly unlikely, given that the higher felony was dropped) , tt is a slap on the wrist my view.

Even if he gets 6 months, his life is forever changed for the worse. I fail so see how a felony conviction, jail time, and fines are a mere slap on the wrist. Even if he serves less than 2 years, it's awful. He sleeps in jail cell.

"HEY MARK" I know you are following this thread...Send my Plate back to me.

HH

The term you wanted to use was concurrently (not consecutively, which means one after the other).

One important just outcome BizarroTeri is that Schifter makes full financial restitution in the matter of raffle recipients as well as the individuals with respect to the current matter. He can't do that if he's locked up 100% of the time although I sympathize entirely with that thought. After all there are many people - customers, former friends, suppliers, business partners, etc. - who will never see what they're owed for a variety of reasons. They too, each of then, are entitled to their pound of flesh.

To me, it's unfortunate Schifter isn't doing better financially because then those who are owed restitution would get it back quicker. That way the money would mean something to them. After all, if someone owes me $1000 and says they'll pay me back $5/week over time, it's not quite the same as getting it back in one lump sum. Don't forget Schifter's finances are closely monitored (effectively too I hope!) by Colorado's white collar crime unit and will be for many years. Also, even when he gets out, there's still 20 year of probation where he still has to make restitution. Maybe more depending how things shake out in a couple of months at the sentencing.

Would you still feel the same way if he had robbed those people at gun point?

6 years in prison is a slap on the wrist? What he did was reprehensible, but that's a pretty significant punishment when combined with the restitution requirements which will enable at least some of his victims to partially recoup losses.

The dropping of the higher grade felonies will have no impact on the sentencing for the one he plead to.

But he didn't and if he had, the charges and potential punishment would reflect that.

What would you find to be an acceptable period of incarceration?

Get real, armed robbery is a much more severe crime for a reason.

and the reason being?

Threats of death????

Shifty cajoled people into spending their money, but people had the opportunity to actively "decide" to spend their money with Shifty. In the case of armed robbery, there is no opportunity to "decide". You either give the robber your money, or there is the possibility that he kills you. That's a pretty substantial difference, don't you think?

Craig
Edited by craig john - 7/19/12 at 8:35pm

If you have to ask...

HH

Are you being serious in asking that?

10yr+. I generally think white collar crimes dont get enough punishment relative to other offences. When its possible to get 7yrs for drug possession, 6yrs for robbing several people is a joke imo.

The relative positioning is not in question, but the difference in severity is what I have a problem with. The perception of immediate danger should not be given so much weight that it trivializes the underlying offence of robbery.

Someone that has robbed one man should not serve a order of degree higher sentence more than someone that robbed 10 people simply because the former had a knife.

I think a better answer would be decreasing one, not increasing the other.

But I am fine with one, just not the other.

Schifter to be sentenced on September 28, 3pm.