Significantly Reduced Federal Sentence
Mr. Ventura represented a client charged by a Federal Indictment with conspiracy to commit mail fraud, as a result of a multiple year investigation of defrauding motor vehicle insurance carriers. Mr. Ventura’s client was labeled as a “runner” for his role in the conspiracy. As a runner, the client and several other co-defendants, were accused of persuading and delivering individuals, who had allegedly sustained injuries as the result of a car accident, to a Chiropractor to obtain allegedly unnecessary and overpriced medical treatment.
Through investigation and negotiation, Mr. Ventura was able to reduce the amount of insurance companies’ losses attributed to his client’s participation in the conspiracy. Further, Mr. Ventura succeeded in arguing for a single month of home detention and two-year probationary sentence for his client, in lieu of the federal guideline prison sentence of 8-14 months.
Dismissal of Fourth Degree DWI – Operate Motor Vehicle Under Influence of Controlled Substance
Mr. Ventura’s client was injured in a single vehicle (motorcycle) crash, while touring northern Minnesota with friends. The accident was immediately investigated by a Minnesota State Trooper, who was informed by a witness that the motorcycle operator had used narcotics prior to driving. The trooper sought and obtained a warrant to compel a blood draw from Mr. Ventura’s client for drug testing. The motorcycle operator was taken by ambulance and treated for the injuries sustained in the accident at a nearby hospital. The hospital drew and tested the client’s blood to assist in proper medical treatment, including administration of medications.
Mr. Ventura reviewed the police reports, which he noted did not include a Drug Recognition Evaluation report. He obtained and reviewed hospital records, witness interviews, and the BCA laboratory analysis of the collected blood sample, and was able to overcome the trace drug findings in the State’s blood draw. Additionally, Mr. Ventura effectively argued that the State had not met its burden of proof, beyond a reasonable doubt, to support the issuance of charges against his client.
Mr. Ventura was able to persuade the Prosecuting Attorney to dismiss the charges and agree to move the Court to seal the investigation and Court records, so that it cannot affect his client in the future.
Minnesota Supreme Court Victory!
Mr. Ventura effectively challenged the forfeiture of motor vehicle insurance proceeds on behalf of his client. The client’s crashed and totaled vehicle was forfeited as a result of the client’s son’s Second Degree Driving While Impaired charge. On behalf of the police department, the County Attorney attempted to seize and forfeit more than $25,000.00 in insurance proceeds directly from the insurance company, which the client was entitled to as part of the insurance contract obtained for the vehicle that was totaled in the crash.
Unfortunately, the District Court Judge ruled against Mr. Ventura’s client and awarded all of the insurance proceeds to the police department. Mr. Ventura appealed the District Court Judge’s Order to the Minnesota Court of Appeals. The Court of Appeals overturned the District Court Judge’s decision and awarded all of the insurance proceeds to Mr. Ventura’s client. After the Court of Appeals decision, on behalf of the police department, the County Attorney petitioned the Minnesota Supreme Court for review. After written and oral arguments, the Minnesota Supreme Court unanimously affirmed the Court of Appeals decision to award all insurance proceeds to Mr. Ventura’s client.
Excellent Federal Sentence Obtained
Mr. Ventura was successful in representing his client in a federal drug conspiracy case. The Government’s allegations were that the client was involved in a conspiracy to distribute and the distribution of methamphetamine. Mr. Ventura’s client was apprehended selling approximately one pound of methamphetamine to a confidential informant.
As a result of the client’s participation in the conspiracy, the client was facing a mandatory minimum ten-year prison sentence. Through tactful negotiation and persuasive sentencing arguments, Mr. Ventura succeeded in reducing his client’s sentence to only three years imprisonment.