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Utah False Arrest Law
 

STATE OF UTAH v. JOSHUA MARTIN

Utah Supreme Court

The State tried Mr. Martin on four counts of aggravated sexual abuse of a child, a first-degree felony, for sexually abusing his sisters-in-law A.L. and N.L. while occupying “a position of special trust in relation to” them. UTAH CODE § 76-5-404.1(4)(h). ¶ 7 At trial, A.L. testified that Mr. Martin had touched her vagina on four different occasions while he was supervising her; N.L. testified tha... More...   $0 (11-26-2017 - UT)

STATE OF UTAH v. MICHAEL WADDELL JOHNSON

Jury returns guilty verdict for Michael Waddell Johnson in 1998 killing

Michael Johnson was charged and tried for murder. At trial, Mr. Johnson requested an instruction for the lesser offense of homicide by assault. The trial court agreed and stated on the record that it would use the homicide by assault instruction submitted by Mr. Johnson. ¶3 The jury returned a guilty verdict on the murder charge, and Mr. Johnson appealed his conviction to the court of appeals. H... More...   $0 (11-26-2017 - UT)

STATE OF UTAH v. BENJAMIN DAVID RETTIG

Man gets 25 years to life for his role in BYU prof's slaying

In November 2009, Benjamin Rettig and Martin Bond traveled from Vernal, Utah, to the home of Kay Mortensen in Spanish Fork, Utah.1 Mortensen owned a large supply of firearms that were located in a “bunker” behind his home. Bond and Rettig traveled to his home with the intent to steal some of his firearms. The two entered Mortensen’s home with a handgun while wearing ski masks and latex gloves. The... More...   $0 (11-26-2017 - UT)

State of Utah v. Chadley Keith Calvert

Third District Courthouse - West Jordan District - West Jordan, Utah

¶1 Chadley Keith Calvert appeals his convictions for aggravated assault, a third degree felony, and for threatening with or using a dangerous weapon in a fight or quarrel, a class A misdemeanor. Calvert contends that his trial counsel provided constitutionally ineffective assistance in failing to raise arguments related to double jeopardy and that the trial court exceeded its discretion in admitti... More...   $0 (11-20-2017 - UT)

Ryan Harvey v. Ute Indian Tribe of the Uintah and Quray Reservation, et al.

Utah Supreme Court Courthouse - Salt Lake City, Utah

¶1 The oil and gas industry is a major economic force in the Uintah Basin. This industry relies, to some extent, on access to the Uintah and Ouray Reservation of the Ute Indian Tribe. The plaintiffs allege that, through its ability to restrict the industry’s access to tribal lands, the tribe has held hostage the economy of the non-Indian population.
¶2 Ryan Harvey, a plaintiff and part owner o... More...
   $0 (11-07-2017 - UT)

Alex Wubbels v. Salt Lake City and University of Utah

Salt Lake City, UT - Nurse Falsely Arrested By Salt Lake City Cop Paid $500,000

Alex Wubbels claimed Salt Lake City Police Department Detective Jeff Payne wrongfully handcuffed and took her into custody (false imprisonment) when she refused to allow him to draw blood from an unconscious patient. The incident was video taped and got national attention.

Payne employment was termina... More...
   $500000 (11-02-2017 - UT)

United States of America v. Henry Seth Brock

District of Utah Federal Courthouse - Salt Lake City, Utah

Salt Lake City, UT Utah Financial Advisor Pleads Guilty to Tax Evasion, Securities Fraud and Wire Fraud - Defrauded Investors Out of More than $10 Million and Caused Tax Loss of Over $1 Million

A St. George, Utah, financial advisor pleaded guilty on October 30, 2017 to his role in selling fraudulent tax-avoidance and investment strategies to his clients.

According to documents an... More...
   $0 (10-31-2017 - UT)

United States of America ex rel Donald Little and Kurosh Motaghed v. Triumph Gear Systems, Inc.

United States Court of Appeals for the Tenth Circuit

Denver, Colorado

This appeal arises from the efforts of several whistleblowers to navigate the
procedural minefield of the False Claims Act (FCA). See 31 U.S.C. §§ 3729-3733. In
2012, Joe Blyn commenced this FCA action by filing a sealed complaint in the district
court. The complaint named Donald Little as Blyn’s counsel of record. Months later,
Little filed an amended complaint that named himself ... More...
   $0 (09-18-2017 - UT)

United States of America v. Gabriel Seth Joseph

Gabriel Joseph purchased a home for $3.4 million through a company that he
controlled and then sold it to himself five days later for $7 million. Using the
fraudulently inflated value, he received a loan and line of credit from Washington
Mutual (“WaMu”) totaling $5,659,357.88. After Joseph defaulted, WaMu purchased
the property in foreclosure. With an outstanding principal balance... More...
   $0 (08-10-2017 - UT)

United States of America v. Donald Ray Fritcher

Federal Courthouse - Salt Lake City, Utah

Salt Lake City, UT - Salt Lake City Man Sentenced to 330 Months in Federal Prison for Distribution of Child Pornography

Donald Ray Fritcher, age 36, of Salt Lake City, will spend 330 months in federal prison after pleading guilty to distribution of child pornography. U.S. District Judge Dale A. Kimball, who imposed the sentence, also placed Fritcher on supervised release for life when he ... More...
   $0 (07-31-2017 - UT)

United States of America v. Jason Taylor

Federal Courthouse - Salt Lake City, Utah

Salt Lake City, UT - Taylor Pleads Guilty to Contempt of Court after Forging Letter to Avoid Reporting to Federal Prison

Jason Taylor, age 42, of Highland, Utah, convicted last year of bilking thousands of credit card customers and the banks that issued the credit cards out of hundreds of thousands of dollars, pleaded guilty to contempt of court Tuesday afternoon in U.S. District Court.... More...
   $0 (04-17-2017 - UT)

The Estate of James D. Reed v. Daniel Love

In June 2009, as part of a federal law-enforcement investigation known as
“Operation Cerberus,” FBI and Bureau of Land Management (“BLM”) agents
arrested twenty-three people and searched twelve properties in and near three Utah
cities—Blanding, Monticello, and Moab. The operation targeted persons possessing
and trafficking in Native American artifacts illegally taken from the Four ... More...
   $0 (02-14-2017 - UT)

United States of America v. Donald Bowers

Defendant Donald Bowers was previously involved in a civil trade secret
misappropriation case that was litigated in the United States District Court for the District
of Utah. During the course of that litigation, Bowers willfully and repeatedly violated a
permanent injunction issued by the district court presiding over the case, and also refused
to purge himself of civil contempt. ... More...
   $0 (02-12-2017 - UT)

United States of America v. Adam Michael Webber

Salt Lake City, UT - Utah Business Owner Convicted of Dealing in Firearms without a License and Filing False Tax Returns

Convicted of Illegally Selling Firearms and Underreporting More than $10 Million in Gross Receipts

A Salt Lake County, Utah, man was convicted by a federal jury of one count of dealing in firearms without a license and five counts of filing false tax returns.More...
   $0 (10-04-2016 - UT)

United States of America v. Dr. Simmon Lee Wilcox

Salt Lake City, UT - r. Wilcox Sentenced to 100 Months in Federal Prison for Distribution of Oxycodone Convictions

Dr. Simmon Lee Wilcox, age 60, of Las Vegas, who was found guilty in January of one count of conspiracy to distribute oxycodone and one count of distribution of oxycodone following a trial in U.S. District Court in Salt Lake City, will serve 100 months in federal prison.
... More...
   $0 (05-10-2016 - UT)

United States of America v. Dr. Simmon Lee Wilcox

Salt Lake City, UT - Jury Finds St. George Doctor Guilty Of Narcotics Trafficking Offenses After Eight-Day Federal Trial

A jury concluded an eight-day trial in U.S. District Court by finding Dr. Simmon Lee Wilcox, age 60, of Las Vegas, guilty of one count of conspiracy to distribute oxycodone and one count of distribution of oxycodone. The jury acquitted Wilcox on three counts of distri... More...
   $0 (02-01-2016 - UT)

United States of America v. Roger Stanley Bliss

Salt Lake City, UT - Bliss Sentenced To 12 Months In Federal Prison After Efforts To Obstruct SEC Case Pending Against Him

Roger Stanley Bliss, age 57, of Bountiful, Utah, will serve 12 months and one day in federal prison for his efforts to corruptly influence and obstruct the administration of justice in a Securities and Exchange Commission case filed against him in U.S. District Court ... More...
   $0 (01-11-2016 - UT)

United States of America v. Jacob J. Kilgore

Salt Lake City, UT - Kilgore Pleads Guilty To Three Counts Of Conspiracy To Commit Health Care Fraud Agreement Includes A 60-Month Federal Prison Sentence

Jacob J. Kilgore, a former owner of a Salt Lake City durable medical equipment company, pleaded guilty in U.S. District Court late Monday afternoon to three counts of conspiracy to commit health care fraud as a part of Medicare fraud sc... More...
   $0 (11-09-2015 - UT)

Vincent v. Utah Plastic Surgery Society

The facts alleged by Plaintiffs are fully set out in the district court’s order.
Relevant to this appeal, Plaintiffs allege the individual Defendants are all
members of the Utah Plastic Surgery Society (the “Society”) and certified as
plastic surgeons by The American Board of Plastic Surgery (the “Board”). The
Society is alleged to be an unincorporated entity headquartered in Uta... More...
   $0 (09-07-2015 - UT)

Raymond L. Zisumbo v. Ogden Regional Medical Center

Within a month after Raymond Zisumbo complained to his supervisor at Ogden
Regional Medical Center (ORMC) about alleged race discrimination in the workplace,
2
ORMC investigated Zisumbo for submitting apparently fraudulent letters to his
supervisor months earlier. After confirming that at least one of the letters was falsified,
ORMC terminated Zisumbo’s employment. Zisumbo sued... More...
   $0 (09-04-2015 - UT)

Edward Swabb v. Zagg, Inc.

Plaintiffs appeal the district court’s dismissal of a securities class action against
ZAGG, Inc. and its former CEO and Chairman, Robert Pedersen, alleging violations
of the antifraud provisions of the securities laws. The plaintiffs allege Pedersen failed
to disclose in several of ZAGG’s SEC filings the fact that he had pledged nearly half
of his ZAGG shares, amounting to approxim... More...
   $0 (08-18-2015 - UT)

Salt Lake City v. Carrera

In December 2010, in response to a call reporting a potential crime, Salt Lake City Police Officer Jonathan Dew began a search of the house where Mr. Carrera rented a room. During his search, Officer Dew identified himself as a police officer and asked Mr. Carrera to come out of his bedroom. After being asked several times, Mr. Carrera finally joined Officer Dew in the living room. ¶3 Upon enterin... More...   $0 (08-17-2015 - UT)

Robinson v. Paul Ray Taylor, M.D. et al.

Dr. Taylor began treating Mr. Robinson in 2003 for chronic back pain and degenerative disc disease. Over the next three years, Dr. Taylor prescribed various pain medications to treat Mr. Robinson’s pain, including methadone, Lortab, and Demerol. Mr.
1 Dr. Taylor also challenges the trial court’s decision allowing the jury to consider punitive damages and its refusal to apply the health car... More...
   $0 (08-12-2015 - UT)

United States of America v. Teri Ann Jarvis

Salt Lake City, UT - Clearfield Woman Pleads Guilty To Mail, Wire Fraud And Identity Theft In Embezzlement Schemes Involving Two Employers

Sentenced To 42 Months In Federal Prison

Teri Ann Jarvis, age 41, of Clearfield, charged in a federal indictment returned in February with mail fraud, aggravated identity theft, and wire fraud in connection with embezzlement schemes involving ... More...
   $0 (08-02-2015 - UT)

United States of America v. Jeffrey Charles Zander

Defendant Jeffrey Zander was convicted of two counts of mail fraud, two counts of
wire fraud, one count of money laundering, and three counts of willful failure to file
federal tax returns. He was sentenced to sixty-eight months of imprisonment and ordered
to pay $202,543.92 in restitution to the Paiute Indian Tribe of Utah, the main victim of his
fraud. On appeal, he challenges ... More...
   $0 (07-25-2015 - UT)

United States of America v. Ryan Lynn Cook

SALT LAKE CITY, UT – Ryan Lynn Cook, age 35, of Highland, Utah, pleaded guilty Thursday morning in federal court to one count of securities fraud in connection with an investment scheme involving his company, HelpMed, Inc.

Cook was president and owner of HelpMed, a Utah company organized in April 2011 in Utah. He represented to potential investors that HelpMed provided medi... More...
   $0 (06-19-2015 - UT)

United States of America v. Paul Ben Zaccardi

SALT LAKE CITY, UT – A Sandy, Utah, resident was sentenced serve two years in prison for tax evasion, filing false claims for federal income tax refunds, and filing fictitious financial obligations with the U.S. government. Paul Ben Zaccardi was also ordered to pay restitution to the Internal Revenue Service (IRS) and to serve a four-year term of supervised release upon his release f... More...   $0 (05-27-2015 - UT)

United States of America v. Orbit Medical, Inc. and Rehab Medical, Inc.

SALT LAKE CITY – Orbit Medical Inc. and Rehab Medical Inc. will pay $7.5 million to resolve allegations that Orbit submitted false claims to federal health care programs for power wheelchairs and accessories, the Justice Department announced today. Orbit Medical and Rehab Medical, a partial successor of Orbit, are durable medical equipment suppliers based in Salt Lake City, Utah and Indianapoli... More...   $0 (05-27-2015 - UT)

United States of America v. Randy Olshen

SALT LAKE CITY, UT – Randy Olshen, age 52, of Newport Beach, Calif., indicted by a federal grand jury in September on charges of mail fraud, wire fraud, and money laundering in connection with an investment fraud scheme, entered guilty pleas to money laundering and wire fraud. At times relevant to the charges in the case, Olshen maintained a residence in Summit County, Utah.

Olshe... More...
   $0 (05-18-2015 - UT)

United States of America v. Lorenzo Puentes

SALT LAKE CITY, UT – Lorenzo Puentes, age 38, of Ogden, pleaded guilty in federal court in Salt Lake City to assault on a federal officer with a dangerous weapon and discharging a firearm during a crime of violence.

U.S. District Judge Dee Benson accepted the guilty pleas and imposed a sentence of 150 months, including 30 months for the assault conviction and 120 months for ... More...
   $0 (05-22-2015 - UT)

United States of America v. Michael E. Pettit

In 2013, Defendant-Appellant Michael E. Pettit was indicted on one count
of possession of cocaine with intent to distribute, in violation of 21 U.S.C.
§ 841(a)(1), after police discovered 2.5 kilograms of cocaine hidden in a vehicle
he was driving. Mr. Pettit filed a motion to suppress, which the district court
denied following an evidentiary hearing. United States v. Pettit, No.<... More...
   $0 (05-13-2015 - UT)

United States of America v. Jacquelin Boyd, aka Jacquelyn Boyd

SALT LAKE CITY, UT – Jacquelin Boyd, aka Jacquelyn Boyd, age 37, of West Jordan, who pled guilty in January to making a false claim to the IRS, has been sentenced to a year in federal prison. U.S. District Judge Tena Campbell imposed the sentence Wednesday afternoon.

Judge Campbell also ordered Boyd to serve 36 months of supervised release when she finishes her prison sente... More...
   $0 (04-15-2015 - UT)

Monica Cecilia Cook v. Department of Commerce, Division of Occupational and Professional Licensing and Board of Nursing

¶1 Monica Cecilia Cook challenges the Department of Commerce’s decision to revoke her Advanced Practice Registered Nurse (APRN) license, revoke her license to prescribe and administer controlled substances, and fine her $5,000 for unprofessional conduct. We approve the decision as to the unprofessional-conduct determination and the fine, but we set aside the Department’s revocation of her lic... More...   $0 (03-19-2015 - UT)

Abby Tiscareno v. Lori Frasier

In November 2003, a child (N.M.) experienced a severe brain injury
that left him permanently disabled. Ms. Abby Tiscareno, N.M.’s daycare
provider at the time, was blamed for this injury and prosecuted for child
abuse. But after two trials, Ms. Tiscareno was acquitted.
Ms. Tiscareno and her husband, Mr. Gillermo Tiscareno, have
invoked 42 U.S.C. § 1983 against two of the def... More...
   $0 (02-23-2015 - UT)

Kevin Faucheaux v. Provo City

¶1 Afraid that his wife, Helen Faucheaux, had overdosed on prescription pills, Kevin Faucheaux called 911. When police
1. The Honorable Russell W. Bench, Senior Judge, sat by special assignment as authorized by law. See generally Utah R. Jud. Admin. 11-201(6).
Faucheaux v. Provo City
20130690-CA 2 2015 UT App 3
officers arrived they concluded that Helen had not overdosed.2 Despite... More...
   $0 (01-02-2015 - UT)

State of Utah v. Richard Arghittu

¶1 The State charged Richard Arghittu with distribution of a
controlled substance analog, money laundering, and participating
in a pattern of unlawful activity. The charges stemmed from his
alleged distribution of a form of synthetic marijuana known as
AM-2201. After Arghittu’s preliminary hearing, a district court
judge, acting as a magistrate, concluded that AM-2201 was no... More...
   $0 (01-29-2015 - UT)

United States of America v. Jacquelin Boyd, aka Jacquelyn Boyd

SALT LAKE CITY - Jacquelin Boyd, aka Jacquelyn Boyd, age 37, of West Jordan, entered a guilty plea to making a false claim to the IRS in U.S. District Court. Boyd admitted that from May 2, 2012, through about Oct. 13, 2012, she worked with others to obtain the names, addresses, social security numbers and other personal identifiers of deceased individuals and used the information to file false an... More...   $0 (01-26-2015 - UT)

United States of America v. Robert Andres

SALT LAKE CITY, UT - A Houston investment manager was sentenced to 56 months in prison for orchestrating a $72 million investment fraud scheme resulting in approximately $40 million in losses to investors. U.S. District Judge Robert J. Shelby imposed the sentence in federal court in Salt Lake City.

Robert Andres, 63, of Houston, Texas, pleaded guilty on Aug. 22, 2013, to wire ... More...
   $0 (01-08-2015 - UT)

United States of America v. Robert Andres

SALT LAKE CITY, UT - A Houston investment manager was sentenced to 56 months in prison for orchestrating a $72 million investment fraud scheme resulting in approximately $40 million in losses to investors. U.S. District Judge Robert J. Shelby imposed the sentence in federal court in Salt Lake City.

Robert Andres, 63, of Houston, Texas, pleaded guilty on Aug. 22, 2013, to wire ... More...
   $0 (12-18-2014 - UT)

Peter David Zappe v. Kristie Bulluck

¶1 Kristie Bullock appeals the district court’s entry of a civil
stalking injunction against her. Bullock argues that the district
court’s ruling was not supported by sufficient evidence and that
the district court erred by prohibiting her from impeaching
petitioner Peter David Zappe with evidence of a prior felony
conviction. We affirm.
Zappe v. Bullock
I. Suffici... More...
   $0 (10-23-2014 - UT)

 
 
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