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Title Crooks Steal Millions, Want Lighter Sentences
Slade Smith
   

Two title crooks awaiting sentencing are seeking reduced sentences for their crimes, according to news reports this week. 

--Elizabeth Sichler stole more than $1.9 million from customers through her business, Priority Search of Kingston, PA, and pled guilty to wire fraud charges last September.  Sichler began stealing from her company's escrow accounts in 2005-- a time when Priority Search was still doing a strong level of business, handling several dozen closings a month.  The amount of transactions was sufficient for Sichler to skim off money from escrow accounts for her own personal use and pay off older obligations with money coming in from newer transactions. 

Then, after business fell off and the business' reliably constant positive escrow balance dried up due to lower transaction volume and Sichler's growing misappropriation, Sichler began to  fail to pay off mortgages-- 58 of them, by the time her business was shut down.

Sichler's misdeeds also included collecting and pocketing title insurance premiums from clients rather than obtaining title insurance policies, failing to record mortgage documents, and kiting checks on almost 200 occasions to cover shortfalls in Priority's escrow accounts.

But now, Sichler says she should get a lighter sentence than the 51 to 63 months that prosecutors are suggesting.  According to a court filing, Sichler has shown "extreme remorse" for her crimes, and had lived an exemplary life prior to her crimes, including many volunteer activities. Her arrest and conviction had taken "a tremendous emotional and physical toll" on her, and "personal shame and embarrassment have essentially destroyed her life," according to the filing.  Sichler was vice chair of the Luzerne County Republican Party at the time of her arrest and resigned her post soon thereafter.

--Brian Madden, former president of Liberty Title Agency, once a large regional title business based in Long Island New York, was paying himself a salary of up to $300,000 a month from Liberty and other title businesses under his control, even as his title businesses went south in 2008 and 2009.  Business revenues unfortunately did not support  the large cash draws he was taking.  Instead, Madden was diverting client escrow funds into regular business accounts, so that he could continue to draw a huge income from his business. 

To cover for this theft, Madden paid old obligations from escrow from incoming client funds for newer transactions.  As part of his crimes, Madden failed to record dozens of documents and failed to pay client's taxes, as he was entrusted to do as part of his duties.

Madden pled guilty to one count of wire fraud and one count of insurance fraud in December 2010.  But now, he is objecting to the level of punishment that prosecutors are seeking to impose on him.  He claims that the losses caused by his crimes fall in a range of between $1 million to $2.5 million, instead of up to $4.7 million as claimed by prosecutors, and that he is therefore entitled to a lesser sentence over 41 to 51 months rather than the 63 to 78 months recommended by prosecutors.



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This is weird. I think the police are playing some mind games to see what story emerges from cousin Joe in Tenesee. If they had proabable cause why not arrrest him when they were there the other day. And what about accessory after the fact or obstruction of justice. Unless bro and? sis Croslin have passed a poygraph with flying colours I doubt the police would believe a word that comes out of these folks mouths. Something's afoot, get them at each others throats.
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They can get out early as long as they are agreeable to spending three days a week sitting in the stocks in front of the Courthouse or Registry of Deeds. Tthey should also be forced to pay for  a large selection of rotten eggs for their victims  to hurl at them as they sit there. 

 

The nerve of these people...I say double their sentences for whining. 

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Personally I think the sentences they are getting are to light to begin with, they steal MILLIONS of dollars, screw up other peoples lives and credit and only have to do 3-4 years in jail, its a joke!!!!

They should get much much much stiffer sentences.

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It was not clear from the article whether the trial was in a federal court, and it has been a while since I have done anything in federal court. However, as I recall there was something called sentencing guidelines. Following trial an investigation was performed examining the injury to victims as well as the the positive contibutions to society made by the defendant. The injuries to victims computed to so many negative points and the defendant's posititive contributions computed to so many positive points. The positive points were deducted from the negative points, and the total of the negative points remaining computed to so many months in prison.

There was a time when the guidelines were mandatory, and federal judges had no discretion in sentencing the defendant to the number of months in prison required by the sentencing guide lines. The federal judges were not happy with it. It is my understanding that the sentencing guidelines are no longer mandatory, but are now advisory, and  allow judges some discretion.

So the defendants in the article can certainly make an argument for leniency, but I think a case can be made for injury to the victims at the sentencing hearing They may even be given a chance to be heard, and explain the injurious  impact on their lives. If I were the judge I would throw the book at the defendants, and give them the maximum...kind of like Judge Roy Bean.

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I know that Madden, the guy from New York, was arguing for a lighter sentence based on the point system that you mention.  I think that the news report said that the prosecutors calculated his score to be 26 points, and his attorney thought he should have only scored 22 points.

Here's my proposal fpr a scoring system for title agent misappropriators:

Steal over $10,000: 2 points
Steal over $100,000: 3 points
Steal over $1 million 5 points

Spend the money only on making your payroll (other than yourself):  -1 point

Otherwise, what did you buy with the money?
Jet ski: 1 point apiece
Bass boat: 2 points
Yacht: 5 points
Pickup truck: 1 point
Mercedes: 3 points
Bentley, Rolls, or Ferrari: 5 points
Vacation to Florida: 1 point
Vacation to Cancun: 2 points
Vacation to Tahiti: 3 points

Pled guilty and cooperated with authorities: -1 point
Went to trial and got convicted: 3 points

Sentence = 1 year per point. 

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