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. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT