Communications Fraud and Theft from a Utah School District

A southern Utah man was placed being bars Friday for communications fraud as well as theft after he installed audio and video equipment for a school district that was inferior to what they had purchased.

Not what they ordered

Communications Fraud

Photo by: MiNe

An investigation into Dustin Taylor, a former manager of a St. George company that sells audio and video systems began last year after the Washington County School District as well as a local theater company discovered that although they had ordered high quality equipment for their facilities, what ended up being installed was far lower value. Police discovered Taylor had been running his own business on the side and had allegedly taken the better equipment before installing it for a job contract through his side business. Taylor was arrested for communications fraud as well as multiple charges of theft.

Communications fraud

Utah Code 76-10-1801 states “Any person who has devised any scheme or artifice to defraud another or to obtain from another money, property, or anything of value by means of false or fraudulent pretenses, representations, promises, or material omissions, and who communicates directly or indirectly with any person by any means for the purpose of executing or concealing the scheme or artifice is guilty of:

a) A class B misdemeanor when the value of the property ( . . . ) is less than $500;

b) A class A misdemeanor when the value ( . . . ) is [between $500 and $1,500];

c) A third degree felony when the value ( . . . ) is [between $1,500 and $5,000];

d) A second degree felony when the value of the property ( . . . ) exceeds $5,000.

The monetary loss of the customers who were defrauded by Taylor was estimated to be around $34,000.

Theft by deception

Not only did Taylor deceive customers by installing inferior equipment, but he took the high quality equipment from the company he was working for to install elsewhere without their knowledge. As Utah Code 76-6-405 states, he “obtain[ed] or exercise[d] control over property of another person: by deception; and with a purpose to deprive the other person of property.” The charges for theft by deception depend on the value of the item stolen and are identical to the charges by value for communications fraud. In Taylor’s case, the value of the audio and video equipment that Taylor had appropriated and resold or had in his possession was estimated to be as high as $89,000. This resulted in multiple theft charges; each being another second degree felony. Each second degree felony charge for communications fraud and theft is punishable by up to 15 years in prison and a fine of $10,000.

Reduced sentencing for first-time offender

Photo by: Mark Strozier

Photo by: Mark Strozier

It is unknown whether Taylor intentionally concocted a plan to deceive the school district and other companies or if an opportunity to make more money fell into his lap and he thought no one would be the wiser. Either way, what he did was against the law and he risked spending nearly a lifetime in jail, especially if his sentences were to be run consecutively. Fortunately, Taylor had a clean record and was an outstanding citizen prior to his theft and communications fraud charges. This was likely his saving grace.

What a deal

As part of a plea deal that reduced his charges to third degree felonies, Taylor was sentenced for up to five years in prison and a fine of $5,000 for communications fraud and five years each for multiple theft charges as well. The judge also ordered these to be run consecutively. Following this sentencing, the judge changed the sentencing to a single term of a five months and then even further reduced the prison term to 60 days for the 39 year old father of four. After his two months in jail which began Friday, Taylor is ordered to be on probation for three years and offer 100 hours of community service. He was also ordered to write letters of apology to the customers he victimized. For multiple second degree felonies to end in a single two month prison sentence is incredible. The probable explanation for the judge’s mercy, beyond the obvious help of an experienced defense attorney, is likely due to Taylor’s lack of a criminal record prior to the communication fraud and theft charges. For anyone facing charges that seem too immense to handle, don’t lose hope until discussing what a criminal defense attorney can do for you.