Mark Moye - Columbia, SC Police Dept.

[Peacoat]

A fraud case is alway difficult to make, especially in a misapplication of funds* case. I believe it was Atticus Finch who pointed this out. in this specific fact situation, it might be somewhat easier as several of the alleged victims gave money for the specific purpose of having an order placed, the order was not placed, the alleged victim was told the order was placed, was strung along for month and months, maybe a year or more, and no order was ever placed.

The logistics of this situation, however, make it more difficult than usual to put together a winnable case. The alleged victims are scattered across the US, and an essential witness, or witnesses, are in Scotland--beyond the jurisdiction of the State of South Carolina. I doubt the State will be willing to spend the money, and the resources, to put this case together for trial. It would be a very expensive and time consuming process. Plus, Mark may have a defensible reason for his actions.

From a practical standpoint, I don't see the criminal case going anywhere.

___________
*Because of the difficulty of proving fraud, due to the defenses available to the criminal defendant in this type of case, most states have enacted criminal statutes directed to this specific situation. Many, however, are limited to misapplication of construction funds.

 

[Atticus Finch]

Even if the facts of this case rise to the level of criminal fraud...and, as I understand them, that's not a sure thing...I still doubt that it will ever be prosecuted. District Attorneys face many more fraud cases than they can ever prosecute. It is their duty to prosecute those cases that offer their state the biggest bang for its buck. As Peacoat observed, prosecuting a case where the necessary witnesses are scattered across the globe would be very expensive to say the least. And, as I recall, the total amount in question was less than $50,000. There are many variables that prosecutors look at when deciding whether to send a Bill of Indictment. How strong is the case? What is the size of the fraud? What is the defendant's criminal history? How much will it cost the taxpayers to prosecute the case? How much prosecutorial resources will be involved and for how long? How much court time will be used?

I said this before...and was almost booed from the forum...but I wouldn't touch this case with a ten foot pole. Looks like the South Carolina prosecutors agree with my analysis.

AF

 

[Peacoat]

But we still love you, Atticus.

 

[Atticus Finch]

But we still love you, Atticus.

Hoooo doggie! I wasn't feelin' the love a few months ago! Some people here were yelling like Mark Moye had me on retainer. I was beginning understand how Jose Baze and Barry Scheck must feel.

AF

 

[oneterrifichog]

Hoooo doggie! I wasn't feelin' the love a few months ago! Some people here were yelling like Mark Moye had me on retainer. I was beginning understand how Jose Baze and Barry Scheck must feel.

AF

Hey Atticus:

I think you were just explaining the obvious. I did not have a dog in the hunt but was very dissappointed in Aero Leather USA.

How far downeast are you located? Morehead City, Beaufort? Just Curious.

Thanks for your input,

Wilbur

 

[Atticus Finch]

How far downeast are you located? Morehead City, Beaufort? Just Curious. Wilbur

Hi Wilbur. I live in the country just outside New Bern, now. I was born and raised in Beaufort. You're familiar with the area?

AF

 

[Worf]

Hi Wilbur. I live in the country just outside New Bern, now. I was born and raised in Beaufort. You're familiar with the area?

AF

After I got my B.S. in Forestry/Resource Management I worked a year for Weyerhaeuser (sp) in New Berne. Nice place.

Worf

 

[oneterrifichog]

Hi Wilbur. I live in the country just outside New Bern, now. I was born and raised in Beaufort. You're familiar with the area?

AF

My father was born and raised in Beaufort. My mother taught at St Paul's and my 3 sisters were born there. I was raised in Atlanta but the family has very deep roots there.

I try to travel to Beaufort whenever I can. Carteret County is definitely in my blood.

Wilbur

 

[Atticus Finch]

My mother taught at St Paul's...Wilbur

My father and my three uncles all attended St. Paul's School. That was in the 'twenties and early thirties. My grandfather was a member of St. Paul’s Church and helped install the pipe organ there. Granddad, my father and my uncles are now all resting in the Episcopal cemetery in back of the old school.

'Tis a small world, indeed.

AF

 

[oneterrifichog]

My father and my three uncles all attended St. Paul's School. That was in the 'twenties and early thirties. My grandfather was a member of St. Paul’s Church and helped install the pipe organ there. Granddad, my father and my uncles are now all resting in the Episcopal cemetery in back of the old school.

'Tis a small world, indeed.

AF

My Father was born in 1904 thirty days after Wilbur flew the plane (hence the name). He went to St Paul's along with his 2 sisters. My mother graduated from GSCW in Milledgeville, Ga at 18 as Georgia only had eleven grades and teachers colleges were 2 years at that time. She applied at St Paul's (lied about her age) and got the job teaching there from 1923 until it's closing in the early 30's. She actually helped run the school it's last year as Ms. Geoffroy was very ill.

I suppose it is because many of the folks who lived in Beaufort were constantly putting their lives at risk while farming the sea or watching the coast for all manner of ills that this area can't help but hold a special and exciting interest. The tales I grew up listening to were unbelievable but absolutely true ( it didn't hurt that most of these folks were related to me). Everytime I go to Beaufort I always have to go see the murals in the Post Office it just says it all.

Ok Guys, sorry to steal the thread.....

Wilbur

 

[Peacoat]

When I was stationed at Hunter AAF in Savannah, Georgia, I used to fly over Beaufort on training flights. Does that count?

 

[Grayland]

When I was stationed at Hunter AAF in Savannah, Georgia, I used to fly over Beaufort on training flights. Does that count?

I think I may have told you this in PM discussions regarding a peacoat purchase, but I was stationed at Hunter AAF from 1982-85, and lived in Savannah until 1987 after getting out of the Army. I really enjoyed my time there - esp. St. Patrick's Day.

 

[Atticus Finch]

When I was stationed at Hunter AAF in Savannah, Georgia, I used to fly over Beaufort on training flights. Does that count?

Was that Beaufort, SC? They pronounce the name of their town "Bue Fort". Beaufort, NC is pronounced "Bo Fort".

AF

 

[Peacoat]

It was Beaufort, SC. I was an instrument instructor at Hunter. We were supposed to stay away from Hilton Head, S.C. Too many retired generals there who didn't like the noise.

Yes, Grayland we have discussed our respective times there. Mine was a few years before yours, and I enjoyed my time there also.

 

[Aerojoe]

I just got a call from the police in Columbia, SC who had looked into the Mark Moye/Aero USA matter. It appeared it was going to be a civil matter rather than a criminal matter

How in earth is this guy still at large?

He must be already starting Ferrari USA or something.

 

[tonypaj]

How in earth is this guy still at large?

He must be already starting Ferrari USA or something.

Post no 22. And Bob Marley in http://www.youtube.com/watch?v=F1B55wEB030

Cool stuff both.

 

[Aerojoe]

I still doubt that it will ever be prosecuted. District Attorneys face many more fraud cases than they can ever prosecute. It is their duty to prosecute those cases that offer their state the biggest bang for its buck.

How strong is the case? What is the size of the fraud? What is the defendant's criminal history? How much will it cost the taxpayers to prosecute the case? How much prosecutorial resources will be involved and for how long? How much court time will be used?

Wow, that makes no sense to me because I'm under a different law system. I think in Europe, not sure about England because they have the Common law, nobody considers the cost for taxpayers.

So, does this mean that in the USA one guy can commit fraud as long as he keeps the prosecution costs high and the victims abroad?

 

[kronos77]

We have the "Common Law" but it may refer to something different than what you have there. In the US, as far as i was always told, the common law refrs to the court interpretations of the statutes.

 

[dhermann1]

It's not just the cost, per se. It's also how sure the prosecutor is of being able to do a successful prosecution. If you make a big case, and don't get a conviction, especially if the case is widely perceived to be weak or even frivolous, you're not helping anybody.

 

[Peacoat]

Wow, that makes no sense to me because I'm under a different law system. I think in Europe, not sure about England because they have the Common law, nobody considers the cost for taxpayers.

So, does this mean that in the USA one guy can commit fraud as long as he keeps the prosecution costs high and the victims abroad?

Witnesses in the UK, or in Europe, are beyond the jurisdiction of the South Carolina courts. The costs of prosecuting a relatively minor fraud case, must be considered when making the decision of whether to proceed with the case. In this case, although in theory there may be a prosecutable case, there are probably more barriers to prosecution than the DA wants to hurdle. He will have his hands full with murders, rapes and armed robberies. A simple fraud case that will take large amounts of resources, time, money and one in which he will not even be able to command the presence of his witnesses, will be more than he wants to deal with.

The same situation presents itself in prosecutors' offices in Europe and the UK. I doubt there is any real difference.