The lack of credit leads to an interesting dilemma for medical marijuana growers and patient buyers: almost all transactions have to be in cash. Legal growers therefore do not have access to loans, banking accounts or lines of credit for use in their businesses.
]]> The lack of credit leads to an interesting dilemma for medical marijuana growers and patient buyers: almost all transactions have to be in cash. Legal growers therefore do not have access to loans, banking accounts or lines of credit for use in their businesses.Not only does this make building warehouses to grow marijuana - mandatory for dispensaries under Colorado law - extremely difficult, it also makes marijuana dispensaries flush with cash and a target for thefts and armed robberies.
This week, the state Senate Finance Committee will explore the option of setting up a state cooperative financial institution that would bankroll the state's approximately 600 medical marijuana dispensaries, which will make banking in the industry go much more smoothly.
The bill would essentially create a credit union for medical marijuana growers, who could then deposit and remove money according to the needs of their business.
While similar legislation has been proposed in the U.S. House of Representatives for states where marijuana dispensaries are legal, the likelihood of any kind of federal legislation passing is remote.
The state's proposed cooperative would also run the risk of federal prosecution for money laundering and drug racketeering charges. U.S. Deputy Attorney General James M. Cole has indicated to banks that they may be in violation of federal financing laws if they conduct transactions with medical marijuana sales, so it is unclear if the measure will ultimately pass.
It is estimated as many as 10,000 people work in the medical marijuana industry, which generates about $20 million a year in taxes for Colorado.
Source: CBS News, "Banking for pot shops eyed in Colorado," The Associated Press, Feb. 14, 2012
]]>Taxis on Patrol is a partnership between Denver Police and Metro Taxi, a local cab company. Metro Taxi and a retired police officer approached the department and offered to have the company's drivers act as semi-professional tipsters, calling police when they see what they appear to be criminal activity on the streets. It is not clear from a report by KUSA-TV how much training in police work, if any, participating cab drivers receive.
]]> Now Taxis on Patrol is adding suspected hit and run accidents to the list of crimes it is patrolling for. The new program is named for a Denver man who was struck and killed while working as a valet at a local nightclub in January 2011. The program will relay information given by taxi drivers about vehicles they believe were involved in a hit and run and post the information on 12 electronic billboards throughout the city.So far, Taxis on Patrol has called in around 1,000 reports to police. About 70 percent of those tips have led to police investigations or arrests, though KUSA does not mention how many people were convicted as a result, or how many tips turned out to be mistaken identity or a misunderstanding of what was going on.
Source: KUSA-TV, "New alert to help catch hit-and-run suspects," Jessica Zartler, Feb. 16, 2012
]]>In fact, both the plaintiff and the defendant had credibility problems with the jury. In the defendant's case, while being interrogated by his fellow officers, he spent an hour denying that he had pulled over the woman's vehicle before admitting it. The victim, meanwhile, had falsely claimed to be the victim of an assault in a previous incident.
]]> What is known is that the defendant entered a party on March 13, 2011 and ordered the victim to leave. The woman drove away and the officer followed her, eventually pulling her over. According to prosecutors, the officer ordered the woman out of her car and said he was going to search her for weapons. During the pat down, the officer groped the woman and put his hands down her pants, authorities claimed.The defendant admitted pulling over the victim, but said that she never exited the vehicle and that he told her to get a ride home. He said he initially lied about the traffic stop because he did not want to get in trouble for allowing an intoxicated person to drive. Greeley police later fired him.
At trial, jurors had little evidence to go on besides the parties' testimony. The clothing the woman was wearing the night of the incident was never tested for DNA. Jurors later said that, based on the criminal court standard of proof beyond a reasonable doubt, they could not find the former officer guilty.
Source: The Greeley Tribune, "Shepherd found not guilty in sexual assault case," Sharon Dunn, Feb. 8, 2012
]]>The vehicle had been seen by witnesses at the scene as heading south on Federal Boulevard at a relatively high rate of speed. The vehicle was found several hours later at the intersection of Federal Boulevard and 2nd avenue in Denver. Police were able to apprehend the subject at that time, and an arrest was made on suspicion of vehicular assault and felony hit-and-run since the driver of the Mountaineer fled the scene of the accident.
]]> A preliminary investigation performed by the Denver police reveals that it is likely that the Mountaineer - driven, they say, by the as-yet-unnamed suspect under arrest - was speeding while heading southbound on Federal Boulevard when it rear-ended a Dodge Neon containing the two victims.The driver of the Neon - one of the seriously injured victims - lost control when the Mountaineer struck, and the smaller vehicle crossed over the median into the northbound lanes of Federal. After the Neon spun into northbound traffic on Federal, it was struck by a van properly traveling in the northbound direction. No allegation of wrongdoing has been made against the driver of the van.
Source: KMGH-TV, "Man Arrested In Hit-And-Run That Injures 2," Justin Adams, Feb. 12, 2012
]]>The day he was arrested, Moreno was driving a Bentley on I-70 near Quincy Avenue and Union Avenue, travelling about 70 miles per hour, media reports claim. If true, that would put him slightly over the posted speed limit of 65 miles per hour, though with construction underway on that stretch of the interstate the speed limit is currently reduced to 45 miles per hour.
]]> Denver police officers pulled him over and ordered him to undergo a field sobriety test. They also administered a breath test. Based on the results of those tests, they arrested him on suspicion of DUI, careless driving and failure to have insurance.Under the terms of the Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures, law enforcement agents must have a reasonable and articulable suspicion that a crime has been or is being committed inside a vehicle before they can pull over that vehicle. While details of Moreno's behavior before he was pulled over are fairly scarce, the primary justification given by prosecutors appears to be that he was speeding in a construction zone.
However, it would be interesting if his defense attorney could find evidence that the officers pulled Moreno over primarily based on his license plate, an apparent reference to drinking. If so, his attorney could argue that the police stop was not legal under the Fourth Amendment and that the evidence gathered during the stop should be inadmissible at trial.
Source: The Denver Post, "Denver Broncos' Knowshon Moreno hit with DUI charge," Lindsay H. Jones, Feb. 7, 2012
]]>The jury deliberated about four hours before returning a guilty verdict. They found the defendant, the owner of Quality Paving and Quality Resurfacing, guilty of 23 counts of fraud. Relying in large part on the testimony of a former employee, the jury found that the defendant made secret deals with the Adams County construction manager and the county's former public works director to be paid more for paving jobs than they were worth. Sometimes, the companies accepted money for nonexistent projects.
]]> At trial, the defendant's attorney argued that the witness for the prosecution was a disgruntled former employee, which likely affected his story. The fraudulent contracts were made by Quality employees without the defendant's knowledge, the attorney added. It is not clear from the Post article what other evidence prosecutors presented during the four-week trial to sway the jury to vote to convict the morning of Feb. 6.A sentencing hearing has been scheduled for April 26. The county officials who are also accused in the case are also facing charges. A former Quality Paving executive was convicted of fraud in January.
Source: The Denver Post, "Former Adams County paving company owner guilty of theft," Feb. 6, 2012
]]>This case shows that even the hint of criminal charges can have serious consequences for a person's career. Professionals whose careers depend on their clean criminal records and reputation for honesty can have very dramatic negative job consequences once authorities begin to publicize an investigation. Regardless of the truth of any allegations, the mere implication of malfeasance can be severe, especially when allegations involve sex crimes.
]]> Sex crimes are unique because Colorado's Lifetime Supervision Act allows authorities to confine those convicted of a sex crime for the rest of their lives in some cases. Those who are accused of abusing minors are more likely to be denied release by a parole board which can result in individuals serving significantly more time than they were sentenced to.Even in situations where individuals are let out of prison after a sex crime sentence, they may be forced to register as a sex offender and face a lifetime of parole. This can make it difficult to obtain housing or jobs after serving your time.
Authorities say that the investigation into the Colorado Springs priest continues. It is unclear when or whether formal charges will be brought in this particular matter.
Source: The Gazette "Priest accused of sex assault retires in Colorado Springs," Ryan Maye Handy, Feb. 3, 2012
]]>However, House Republican leaders said they would proceed with an ethics investigation into the incident, despite the Denver police sergeant recanting his story. The sergeant had claimed that Bradford told the police officers at the scene that they could not give her a breath test under legislative immunity. Legislative immunity is a clause in the Colorado constitution that, if invoked, protects legislators from arrest on suspicion of misdemeanor violations.
]]> But in a news conference on Jan. 31, Denver police revealed that the sergeant's version of events were untrue. In fact, they said that Bradford repeatedly asked not to be given special treatment and even requested a blood-alcohol test. She had had three glasses of wine with dinner at a bar near the Capitol, but believed she was not over the legal limit. Police did not arrest her for DUI and sent her home in a taxi.Bradford has responded angrily to the ongoing ethics investigation by threatening to quit the Republican Party and become an independent. That move would take away the party's one-seat majority in the House.
The sergeant who lied about what happened at the traffic stop is being investigated.
Source: Denver Post, "Colorado GOP lawmaker Bradford says she might leave party," Lynn Bartels and Tim Hoover, Feb. 2, 2012
]]>The former district attorney was arrested in September 2010 on suspicion of unlawful sexual contact with force, criminal extortion, indecent exposure and official misconduct. Three women who worked at the district attorney's Montrose and Delta, Colorado, offices accused the man of several sexually inappropriate incidents. One of the women testified that the defendant approached her, touched her breast and forced her to touch his genitals in April 2010.
]]> In another incident in December 2010, the defendant allegedly ran into one of the accusers at a department store and watched her as she tried to hide from him. Other incidents appear to involve watching pornography at the office.In exchange for the no contest plea, the defendant was given a one-year prison sentence, with the 136 days he spent in Montrose County Jail credited as time served. He may also serve his sentence at the Denver Diagnostics and Reception Center instead of the Colorado State Penitentiary. However, he will also serve four years of probation and must complete a sex offender treatment program. Prosecutors had sought an eight-year prison sentence.
Source: The Daily Sentinel, "Defiant ex-DA gets 1 year in prison, probation," Paul Shockley, Jan. 19, 2012
]]>The raids took place in the city of Denver, plus nearby cities such as Broomfield, Erie and Breckenridge and Adams and Weld counties. Authorities claim that the arrested people were part of a network of marijuana dealers that distributed the drug across the country. The use of the U.S. mail system may be the reason some of the accused were indicted on racketeering charges. Other charges include marijuana distribution and money laundering.
]]> Though police would not respond to media requests to answer questions, in a statement authorities denied that any of the arrested suspects were licensed medical marijuana caregivers. But an attorney with some familiarity with the case said he had information that some of the arrested were caregivers. Under Colorado law, a person who obtains a medical marijuana caregiver license is allowed grow the drug in his or her home and a sell it to a small number of patients with a prescription.The attorney predicted that in the end, it will turn out that police made a mistake in a number of the raids.
Colorado law enforcement is still adjusting to the state's new medical marijuana laws. Anyone who believes they were wrongfully arrested on marijuana charges should consult with a criminal defense attorney before speaking with the police.
Source: Denver Post, "16 charged in Denver-area pot-growing raids," John Ingold, Jan. 26, 2012
]]>The female suspect and the former girlfriend were neighbors and friends in a Longmont apartment building. Police said that the former girlfriend told the suspect that the male suspect had abused her and that she had custody of the child the two had had together. The former girlfriend had reportedly moved to Colorado to get away from the man and was trying to change her name and Social Security number, though it is not clear the 21-year-old was aware of that.
]]> According to prosecutors, the female suspect looked up the former girlfriend's name on an Internet search engine. The search led to a Facebook page in the male suspect's name that offered a $10,000 reward for information about the former girlfriend's location, court documents claim. Police say they have Internet and telephone records indicating the suspects contacted each other. Their investigation began after receiving a tip, but it is not known from where that tip originated.Soon after, they found the male suspect in a car near the former girlfriend's apartment and arrested him.
In Colorado, a person can be found guilty of conspiracy if the government can prove that he or she agreed to commit a crime with at least one other person. That means that the accused person must have performed an overt act to support the conspiracy. All people found to be part of a criminal conspiracy will be punished for the actions of one member. Generally, a conviction for conspiracy can lead to a sentence of up to 18 months in prison and one year of mandatory parole upon release.
Source: KMGH-TV, "Police: Man Offered $10K Reward For Info On Woman He Stalked," Wayne Harrison, Jan. 19, 2012
]]>Authorities said the sexual assault occurred in February 2011. The suspect met a woman at a bar in the Pearl Street Mall and the two went to her home.
]]> Likely due to the secretive nature of grand jury hearings, details of the Boulder County prosecutors' account of what happened next were scarce in a news report by KCNC-TV. The defendant told authorities that he and the woman had consensual sex. The next afternoon, the woman's roommate heard a wheezing sound coming from her room, which had a locked door. Nine hours passed and the roommate forced her way into the room. The victim was catatonic and bruised with no clothes on, prosecutors said.Doctors told the grand jury that the woman was suffering from severe hypoglycemia. They said the likely cause of the hypoglycemia was an insulin shot, which can cause loss of consciousness. Police claim that the defendant told them that he is a diabetic who generally carries an insulin kit when he goes out. It is not clear if the victim was diagnosed with receiving an insulin injection.
The grand jury indictment included nine counts, including five counts of sexual assault.
Source: KCNC-TV, "Man Accused Of Using Insulin To Subdue, Rape Boulder Woman," Jan. 18, 2012
]]>According to Colorado Springs police, just before 2:00 a.m. a Ford Expedition backing out of a parking space struck a white car parked in the lot. The SUV pulled away from the car and struck a tow truck as it left the lot, officers claimed. The tow truck driver gave chase as the Expedition hit a street sign and a light pole on the street before veering off the road and into a nearby building.
]]> The driver of the Expedition got out of the vehicle and left. Officers searched the area but were not able to find him.Shortly afterward, a pickup truck struck the same white car in the lot where the original collision occurred. Police swarmed back to the lot and arrested the pickup driver, a 30-year-old man, a few block away. He was charged with DUI and hit and run.
Despite the long series of crashes, nobody was injured. The building was also not seriously damaged.
In Colorado, leaving the scene of an accident where damage has occurred but no personal injuries is a class 2 misdemeanor traffic offense.
Source: Colorado Connection, "Bizarre hit-and-runs lead to DUI arrest," Jaryd Wilson, Jan. 16, 2012
]]>The Violence Against Women Act, or VAWA, was passed to deal with domestic violence as well as sexual violence and stalking. The number of those type incidents has dropped significantly across the country. But certain categories have not followed the trend.
]]> For example, women aged 16-24 have a high rate of being the victims of domestic violence. Teens often have a tolerant attitude toward abuse in romantic relationship, which can lead to a vicious cycle of abuse as adults. The letter from the attorneys general suggested an initiative to combat abuse of teens and young women.Another proposed initiative involved improved training for professionals who interact with those going through domestic violence. The training would be meant to prevent homicides in abusive relationships. Such homicides are considered predictable if there are certain warning signs present.
Congress first passed VAWA in 1994. It was renewed in 2000 and again in 2006, and is up for renewal again this year.
Besides Colorado, other AGs from the region who joined in the letter include Wyoming, Utah and Oklahoma.
Source: KMVT-TV, "Attorney General on Violence Against Women Act," Jan. 11, 2012
]]>The whistle-blower in this white-collar case was hired by Denver Health as an internal auditor in 2008 after working for the Colorado Division of Insurance. One of her tasks was to perform an internal review of inpatient admissions compared with outpatient and observation admissions.
]]> The employee released her report in December of that year. The report uncovered that several patients who were admitted on an outpatient or observation basis were being listed as inpatient admissions when Denver Health would bill Medicare and Medicaid. She later said that the practice began "at least" as early as 2006 and lasted until July 2009.The employee was fired in January 2009, a month after she submitted her report. She later filed a lawsuit in federal court for fraud. The Colorado Attorney General's Office and the U.S. Attorney's Office later became involved, seeking to recoup the allegedly misbegotten funds.
The settlement does not require Denver Health to admit guilt. The hospital will pay federal Medicaid and Medicare $5.2 million, state Medicaid $1.1 million, and slightly under $818,000 to the plaintiff.
Source: Denver Post, "Denver Health settles whistle-blower's case accusing it of overbilling Medicare/Medicaid for $6.3 million," Michael Booth, Jan. 6, 2012
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