| Probable cause affidavit: |
SUBMITTED BY: GALLANT, DAVID 0063 (AR08106665) DEFENDANT DID COMMIT THE OFFENSE OF ORGANIZED SCHEME TO DEFRAUD, TO WIT: ON 120908, THE VICTIM REPORTED A FRAUD TO the CITRUS COUNTY SHERIFF'S OFFICE (CASE NUMBER 08120366). YOUR AFFIANT BEGAN TO INVESTIGATE THROUGH BANK DOCUMENTS AND DISCOVERED that IN AUGUST, 2008, THE VICTIM OPENED A SAVINGS AND CHECKING ACCOUNT WHICH WAS PERFORMED BY THE DEFENDANT, WHO WAS EMPLOYED AT THE VICTIM'S BANKING INSTITUTION. ON 102808, $10,000.00 OF THE VICTIM'S SAVINGS HAD BEEN TRANSFERRED TO THE VICTIM'S CHECKING ACCOUNT WHERE AN AUTOMATED TELLER MACHINE (ATM) CARD WAS ALSO PURCHASED. THROUGH MY INVESTIGATION, YOUR AFFIANT WAS ABLE TO DETERMINE THAT THE DEFENDANT/BANK EMPLOYEE WAS A POSSIBLE SUSPECT IN THIS FRAUD. THROUGH BANK DOCUMENTS, YOUR AFFIANT WAS ABLE TO DETERMINE THAT SEVERAL CHARGES THROUGHOUT CITRUS COUNTY FLORIDA WERE MADE TO LOCAL MERCHANTS; ONE SUCH MERCHANT BEING WAL MART, LOCATED IN INVERNESS, FLORIDA. ON 121108, YOUR AFFIANT RESPONDED TO WAL MART SHOPPING PLAZA, IN INVERNESS, WHERE HE MET WITH LOSS PREVENTION OFFICERS. WITH THE DATES, TIMES, AND ATM CHECKING ACCOUNT NUMBER, THEY WERE ABLE TO PRODUCE VIDEO. YOUR AFFIANT OBSERVED ON THE VIDEO THAT ON 112708, AT 1907:02 HOURS, THE DEFENDANT PURCHASE A $1,163.88, 42" LCD TELEVISION. BY VIEWING SAID VIDEO, YOUR AFFIANT WAS ABLE TO POSITIVELY IDENTIFY THE DEFENDANT AS SHE WAS LEAVING THE STORE. ON 121208, YOUR AFFIANT RESPONDED TO REGIONS BANK, IN INVERNESS, AT WHICH TIME, I MET WITH BANK EMPLOYEE OFFICIALS AND ADVISED THEM I NEEDED TO SPEAK WITH THE DEFENDANT. I READ THE DEFENDANT HER MIRANDA WARNINGS FROM A PRE-PREPARED CARD. THE DEFENDANT DID ADMIT TO TRANSFERRING THE VICTIM'S FUNDS FROM HIS SAVINGS ACCOUNT TO HIS CHECKING ACCOUNT AND THEN OBTAINING THE VICTIM'S ATM CARD AND FROM 110308 TO 112708, USED THE CARD TO PURCHASE $7,219.42 WORTH OF ITEMS. THE DEFENDANT COMMITTED "SCHEME TO DEFRAUD" IN A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE OR MORE PERSONS OR WITH THE INTENT TO OBTAIN PROPERTY FROM ONE OR MORE PERSONS BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS, OR PROMISES OR WILLFUL MISREPRESENTATIONS OF A FUTURE ACT. THE DEFENDANT TEMPORARILY OR PERMANENTLY DEPRIVED THE VICTIM OF THE RIGHT TO THEIR FUNDS AND APPROPRIATED the FUNDS TO HER OWN USE NOT ENTITLED THERETO, AND DID THIS WITHOUT THE VICTIM'S KNOWLEDGE OR CONSENT. THEREFORE, YOUR AFFIANT BELIEVES HE HAS PROBABLE CAUSES FOR THE ABOVE CHARGE. *NOT-EXEMPT* . |
