ILNews

Evidence supports felony inmate fraud conviction

Back to TopCommentsE-mailPrintBookmark and Share

Finding that a defendant obtained a future interest in bail money as well as his release from prison – which constitute property under Indiana law – the Indiana Court of Appeals upheld Elnesto Ray Valle’s Class C felony inmate fraud conviction. Valle convinced a stranger to pay his bail.

Valle was in jail in Grant County on a drug charge and shared a cell with his friend Edward Jay Brummett. Valle contacted his cousin and asked her to pretend to be related to Brummett in order to get money from Brummett’s inmate commissary account to be used to bail Valle out of jail. Valle forged forms, but the plot failed. Valle then tried reaching a friend, but dialed the wrong number and struck up a conversation with Peter Barrett. Valle eventually convinced Barrett, a complete stranger, to pay Valle’s bail with his credit card. He said he could pay Barrett back after being released.

The bail money was posted with the clerk of the court, and Barrett never received money back directly from Valle. He was also charged a $75 service fee for using his credit card.

Valle was charged with and convicted of various counts as a result of his schemes. He only challenged on appeal his inmate fraud conviction and aggregate 16-year sentence. Valle argued the state didn’t provide sufficient evidence to support the conviction under I.C. 35-43-5-20 because he did not obtain money or property from his misrepresentations.

In Elnesto Ray Valle v. State of Indiana, 27A02-1209-CR-772, the judges found Valle’s future interest in the bail money constitutes property for the purposes of inmate fraud. When he posted bail, Barrett agreed to a provision that said the funds will become the property of the defendant and returned to Valle.

“That the bail money, less the $75 service fee, was ultimately ordered returned to Peter is of no matter. Had Valle’s plan not been thwarted, he would have been entitled to the bail money if returned by the court,” Judge Cale Bradford wrote.

The appeals court also agreed with the state that Valle obtained property in the form of his release from jail. It also upheld his sentence, pointing to his lengthy criminal history – both as a juvenile and as an adult. Valle also took advantage of Barrett, whom the court found was “mentally incapacitated.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT