Justia White Collar Crime Opinion Summaries

The case involves Neldia Marie Puccinelli, who was accused of embezzling funds from her employer, ProMark, between 2006 and 2009. After her employment was terminated, ProMark filed a civil suit against her, which was settled with an agreement that Puccinelli would transfer certain personal property to ProMark and make 84 monthly payments of $350. In 2011, the State filed criminal charges against Puccinelli for theft by embezzlement. She entered a plea agreement, which consolidated the three counts into one and recommended a fully suspended sentence with restitution consistent with the civil settlement agreement.The District Court rejected the plea agreement, speculating that Puccinelli would stop paying restitution if given a probationary sentence. The court imposed a 10-year commitment to the Montana Women’s Prison, with 5 years suspended, and ordered Puccinelli to pay $67,235 in restitution. Puccinelli's disability payments were suspended during her incarceration, which led to financial instability for her household. Upon release, Puccinelli resumed making regular payments towards restitution.In 2022, five months before Puccinelli was set to discharge her probation, the State filed a Petition for Revocation of Suspended Sentence, alleging Puccinelli violated the restitution conditions of her sentence. The District Court determined Puccinelli had violated the terms and conditions of her suspended sentence as she had not “completely paid restitution.” The court revoked her suspended sentence and committed her to the Department of Corrections for five years, all suspended, with “the same conditions and restitution requirements as was in the original Judgment with no credit for street time.”The Supreme Court of the State of Montana reversed the District Court's decision, finding that the lower court had abused its discretion when it revoked Puccinelli’s suspended sentence based on her failure to pay full restitution. The Supreme Court concluded that the violation should have been characterized as a compliance violation, which should have been excused pursuant to § 46-18-203(6)(b), MCA. The case was remanded to the District Court to vacate the August 25, 2022 Judgment on Revocation of Suspended Sentence and dismiss the petition for revocation. View "State v. Puccinelli" on Justia Law

In a split decision, the Supreme Court reversed Defendant's negligent homicide convictions but upheld his convictions on nine counts of criminal endangerment and eleven counts of criminal distribution of dangerous drugs, holding that there was insufficient evidence to establish that Defendant's actions in prescribing narcotics was the cause in fact of the deaths of two of his patients.After a jury trial, Defendant, a licensed medical doctor, was convicted of several crimes related to the repeated prescribing of copious amounts of opiates and other narcotics to eleven individuals. Two of Defendant's patients died from drug overdoses. The Supreme Court reversed in part and affirmed in part the convictions, holding (1) the State did not present sufficient evidence to establish that Defendant's actions were the direct cause of the two drug overdose deaths; and (2) Defendant was operating outside the bounds of a professional medical practice, and therefore, the exemption for medical practitioners acting within the course of a professional practice did not apply to the facts of this case. View "State v. Christensen" on Justia Law

Defendant entered a plea agreement in which he agreed to plead guilty to two counts of felony theft and to pay restitution for the loss incurred as a result of his fraudulent acts. At issue was whether the district court erred in issuing a restitution order where the State failed to submit sworn victim affidavits as required by 46-18-242(1)(b), MCA. The court held that defendant failed to preserve his objection to the pre-sentencing investigation report's omission of victim affidavits where, except for his lone objection on the date of sentencing, defendant did not alert the trial court of any claim that victim affidavits were required for an order of restitution in his case; where defendant's plea agreement expressly consented to the court's determination of restitution upon hearing; where his own filings acknowledged the accuracy of the surrender penalty figures; and where his pre-sentencing briefs stated the dispute in terms of legal argument regarding the measure of loss, which the parties had agreed to submit to the court for resolution, a ruling he did not challenge on appeal.