This should be good. I have just Started googling, LOL!
Worthless Check Program Coordinator
Linwood Wilson
DURHAM, NC -- Herald-Sun, February 4, 2006
Bad check unit will not keep lax guidelines
By John Stevenson
A state investigation into possible financial irregularities has spurred the district attorney's worthless-check program to re-examine the way it does business, chief prosecutor Mike Nifong says. Nifong confirmed last week that the program no longer will deal with bad checks that are more than 2 years old, and will stop working with people who already have bad-check warrants against them. In fact, the program was not supposed to do either of those things in the first place, Nifong said. But he conceded that the guidelines were relaxed in recent years to boost collections, unclog crowded court dockets and help merchants who otherwise might be cheated out of hard-earned dollars.
An ongoing investigation by the SBI, however, means the original guidelines will be strictly enforced from now on, Nifong said. The SBI recently confirmed that a probe was in progress. The agency provided no further details. Without elaborating, Nifong said he called for the investigation after "a few anomalies" came to his attention late last year. It is not known how much money -- if any -- may have gone missing from the worthless-check program. Officials said neither of two current program employees is suspected of wrongdoing. The investigation focuses on one or more past staff members, the officials said.
The program uses a carrot-and-stick approach in its attempt to recover money for victims of bad checks. The carrot: Check writers escape criminal prosecution if they pay up. The stick: Those who don't pay are threatened with court action that could permanently mar their records and hinder employment prospects. But Nifong, who has been chief prosecutor for less than a year and who didn't personally relax the guidelines, said it probably was a bad idea when program coordinators started trying to collect from people who already had criminal warrants against them. Once warrants are issued, the stick-and-carrot formula becomes meaningless, he said. Similarly, it made no sense to threaten people whose worthless checks were more than 24 months old, since the law imposes a two-year statute of limitations on misdemeanor prosecutions, Nifong said. "The new program coordinators are being very careful not to accept checks that might run up against the statutory barrier," he said. "That should have been done all along."
Lisa Price, who resigned in November, was in charge of the program when guidelines were relaxed. Her attorney, Scott Holmes, said last week that former District Attorney Jim Hardin Jr. allowed the relaxation, which Nifong "never specifically ended." "Therefore, Ms. Price doesn't consider she has done anything wrong," Holmes said. "She's not a lawyer. She didn't know the legalities behind those guidelines. I honestly believe she thought she was doing people a favor and boosting her numbers at the same time. She wanted to make the program as successful as possible and didn't see any legal downside to bringing in as many people as she could." As it turned out, Price had bet-winning results. In 2004, then-DA Hardin wagered she couldn't reach a collection goal of $75,000. She came through with $104,000. Last year, the wager hinged on a target figure of $200,000. More than $202,000 had been collected by mid-November, when Price left her job. No one has suggested that Price is under SBI scrutiny. "She has no reason to believe she is a target of this investigation," Holmes said. "She looks forward to having this cloud of suspicion removed from her good name so that she can maintain her professional integrity."
Wanda Martin of Durham was one of those the SBI quizzed as part of its probe. She told The Herald-Sun three weeks ago that she paid $800 to $1,000 in cash into the worthless-check program and got neither a receipt nor credit for it. Since then, a search of court files revealed other Martin run-ins with the law. For example, more than $1,360 in unpaid worthless checks remained on her record as of the middle of last week. Some date back to 2001. She also has pending court dates this month and next on charges of driving while her license was revoked, obtaining property by false pretenses, breaking and entering, and larceny. "She's no angel," defense lawyer Kerry Sutton said of Martin. "But she's doing the best she can." Despite Martin's claim that she was wronged by the worthless-check program, Sutton had nothing negative to say about the collection effort. "To the best of my knowledge, the people working in the program have always done an excellent job," she said. "DA Nifong did the right thing in turning the investigation over to the SBI, and I believe they are doing their best to figure out what -- if anything -- happened here. Ms. Martin is continuing to cooperate with that investigation."
DURHAM, NC -- Herald-Sun, January 26, 2006
Missing money claim probed
By John Stevenson
The SBI is investigating a worthless-check collection program operated by the Durham County District Attorney's Office. A spokeswoman for the state Department of Justice confirmed this week that the SBI recently stepped in at the request of District Attorney Mike Nifong following allegations that large sums of money may have disappeared. The spokeswoman, Noelle Talley, provided no further details.
Nifong said he could not discuss the inquiry. "I have no dog in that fight," he said. "I cannot comment on that." But Nifong said in general terms that those who run the worthless-check program are not supposed to handle cash. "There is no provision for anybody in our office to ever accept money under any circumstances," he added. The money, he said, should be paid into the court clerk's office, and receipts should be issued.
Neither of two current employees of the worthless-check program is suspected of any wrongdoing. Rather, sources said the investigation focuses on one or more past staff members.
The collection program began in 1998 to aid merchants who might otherwise be cheated. It also helps to unclog crowded court dockets and allows the writers of worthless checks to escape criminal records. Those who pay up through the program are not prosecuted.
Suspicions recently surfaced, however, that some of the collected money was not properly accounted for. It was enough to prompt Nifong to call in the SBI. Wanda Martin of Durham was one of those questioned by state investigators. She said in an interview that she paid between $800 and $1,000 in cash only to find out later she got no credit for it. Martin also got no receipts, and now she is having difficulty in life because several worthless checks remain on her record, she added.
Martin is represented by Durham lawyer Kerry Sutton, who hopes eventually to clear her client's name. "I'm not suggesting she's an angel," the attorney said of Martin. "She's not. But she's doing the best she can." Sutton also applauded Nifong for seeking an investigation. "To the best of my knowledge, it would appear a problem was identified and quickly addressed by Mr. Nifong ...," she said. "I expect the SBI will continue their investigation until they have answers, and I truly hope they find something that will explain what happened here." Sutton said she scoured court computers and paper files on her own, and also talked with various judicial officials, but found no trace of the missing money Martin claims to have paid.
Websleuths Crime Sleuthing Community - DISTRICT ATTORNEY ELECTION-Durham Co
Originally Posted by caffeinatd
I saw this in the online Herald Sun today, wonder if he is looking into Janet's case? Here is the link http://www.heraldsun.com/durham/4-719618.html
Maybe we should email /call him and Nifong to have him start investigating it.
.wow........."snip"..
"DURHAM -- For the first time in two decades, the Durham District Attorney's Office has a genuine investigator to find witnesses to crime, interview them and otherwise ferret out information that prosecutors need to build cases.
He is Linwood Wilson, a former policeman and private eye with decades of experience. Wilson was retired until District Attorney Mike Nifong hired him in December to help run a worthless-check program. Now Wilson spends more time investigating homicides, rapes and robberies than he does chasing bad-check writers. "
..although i'm thrilled to read that durham NOW has someone TO investigate, (if he's given the assignment.)..........i'm shocked that prior to dec.2005, :...........
"For a time after the last investigator died, such work was placed in the hands of junior assistant prosecutors, who did it on the side as part of their on-the-job training. And in recent years, the slot has been filled by a woman whose duties are more secretarial than investigative in nature. "
..no wonder this case has been dragging........LE is over worked, the DA's office is over worked..........( as seems to be the case all over..)
..hopefully this new investigator will get on it----------and we'll see an arrest and conviction SOON.
Remember the cab driver?
Victim gives details of racial slurs and sexual violence - www.ezboard.com
Cab driver arrested
...In another lacrosse case development this week, a cab driver who is an alibi witness for Seligmann was arrested Wednesday on a 2=-year-old misdemeanor larceny charge, accusing him of stealing five pocketbooks from the Hecht's store at Northgate Mall in September 2003.
The cabbie, Moecelden Ahmed Elmostafa, has said he picked up Seligmann and took to him to an ATM and a restaurant during what defense lawyers believe was the relevant time period for the alleged rape in March.
A lawyer for Seligmann, Ernest Conner of Greenville, was quoted Thursday as saying the misdemeanor arrest was an apparent attempt to intimidate Elmostafa in the lacrosse case.
But Linwood Wilson, an investigator for the Durham District Attorney's Office, denied the allegation.
Denies intimidation try
Wilson said the warrant originally was sworn out by a Hecht's security guard, long before the lacrosse incident arose. And when officers attempted to serve the warrant nearly three years ago, Elmostafa could not be found, according to Wilson.
But when the cabbie began giving interviews about the lacrosse case, authorities finally were able to track him down, Wilson added.
"When I did a record check on him, I found there was this unserved warrant," he said. "It was my obligation to have it served. If I had not had it served, there would be people complaining about that, too. It had nothing to do with trying to intimidate the man."
On Thursday, Elmostafa referred all questions to his lawyer, Thomas Loflin, who couldn't be reached for comment.
But The News & Observer of Raleigh reported Thursday that Durham Police Investigator R.D. Clayton, one of the detectives working the lacrosse case, picked up Elmostafa along with another officer.
"The detective asked if I had anything new to say about the lacrosse case," Elmostafa told The News & Observer. "When I said no, they took me to the magistrate."
(end snip)
URL for this article:
www.herald-sun.com/durham/4-733878.html
Gee, wonder who may have fed the Chalmers' story to the media?