Four years ago my husband was wrongfully prosecuted for theft
Your paper wrote an article about him in 2007 that was given false information.
Four years ago my husband was wrongfully prosecuted for theft. In 2005, some people in San Antonio received and opened a check from the US Dept of Treasury, that was addressed to my husband. These people contacted everyone in my husband's family trying to locate him. After my husband got in contact with them they insisted on sending the check to him (the check was in the amount of $20,500). My husband tried taking precautions by calling the U.S. treasury to find out why they would be sending him a check in that amount and they stated that they had no way to look that information up and had no idea what department to transfer him to but that if the check was addressed to him then consult a bank. So, my husband took the check to a bank, the bank instructed him to deposit the check and wait the 14 business days for the verification process to take place. The bank stated that they would be able to know whether or not that the check was his and if it cleared with no problems that the check did belong to him. So my husband followed these instructions as well using all of his own identification (social security number, drivers license, and home address). In 2007, we had detectives show up at our residence stating the check did not in fact belong to my husband and threatened to take us both to jail and have our children removed by family services if my husband did not cooperate and give them a statement to their liking. My husband cooperated as requested, since after being asked 5 or 6 times to leave the detectives refused to leave with out the statement. My husband gave them a recorded statement. Immediately that day we called and hired an attorney to protect my husband. The detectives stated they were heading off the Federal investigators and secret service's fraudulent check scam division. My husband was told that the US Dept of treasury were the ones pressing charges and coming after him. My husband was never served papers, was never booked into jail, or anything but was requested by the attorney we hired to show up for a hearing. My husband again cooperated. Just before going before the judge my husband was counseled by the attorney we hired, he said the prosecutor was dropping the forgery charge because there was no forgery but the theft charge would have to stay. He also informed my husband that he would have to plead guilty to this charge because with out the guilty verdict he could not be court ordered to pay the money back and he would be required to do so. The attorney also stated if my husband did not go along with the plea bargain he would be sentenced to 10 years in prison.
We believe the system failed us and that my husband was railroaded into taking this plea bargain. We also believe there was no crime committed and my husband was wrongfully prosecuted. Since this time my husband has been serving the 3 years of probation he was sentenced to as well as $700 a month in restitution as required. We have lost our house, our jobs, and vehicles trying to keep my husband out of prison.
We found out more in the past year such as, our attorney retired a month after the hearing and was still supposed to be representing my husband he also did not inform my husband of the fact the federal government held the bank liable for not properly verifying the check, the money was removed from the banks FDIC account and the bank even wrote a letter to the Dept of Tres. stating that they believed the money belonged to my husband as well. The detectives lied in their statements quoting my husband, and apparently do their own transcriptions and the recorded statement cannot be located. We are unable to retrieve the court hearing transcription. The prosecutor said to my husband and his attorney after the plea was entered but during court that this should have been a civil matter and he couldn't believe he actually got the court to push it through. This has almost ruined our lives and the lives of our 3 children. I am begging for any assistance or advice because I have never been apart of such an injustice in my life. We are business professionals, not career criminals. We are good honest people and have no idea where to turn. Unfortunately due to all of the personal issues that arose, my husband abscounded probation. He turned himself in. Now the bank is considered the victims and he is nothing but a criminal to justice system in Cleburne County. Our lives were stolen from us and we have to pay. While the bank has no form of punishment being forced upon them and I don't understand why my husband is having an example made of him. Please, Please help me.