State v. Brandt
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The Supreme Court affirmed all but one of Defendant's convictions for six felonies stemming from a Ponzi scheme he devised that defrauded investors of $2 million, holding that one of the convictions violated the "multiple charges statute," Mont. Code Ann. 46-11-410, but the rest of the convictions may stand.
Defendant was convicted of exploitation of an older person (common scheme), theft by embezzlement, (common scheme), failure to register as a securities salesperson (common scheme), failure to register a security (common scheme), fraudulent practices (common scheme), and operating a pyramid promotion scheme (common scheme). Defendant appealed, arguing that section 46-11-410(2)(a) precluded his convictions on five of the six counts with which he was charged because they were "included offenses" or "specific instances" of fraudulent practices. The Supreme Court held (1) Defendant's conviction for theft by embezzlement violates section 46-11-410 and must be vacated; but (2) Defendant's remaining convictions do not violate the multiple charges statute.
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