Woman sentenced for participation in fraud

Published 10:42 am Monday, September 18, 2017

A woman who prosecutors said was part of a credit card fraud ring will spend the next three years on probation.

Cass County Circuit Court Judge Mark Herman sentenced Toni Marie Hall, 32, of Elkhart, to court supervision on charges of stealing and retaining a financial transaction device without consent, possession of a controlled substance, and conducting a criminal enterprise. Hall was also sentenced to five days in Cass County Jail, and was given credit for five days already served.

The charges stem from an Oct. 15, 2016, theft complaint in Edwardsburg. The complaint alleged that someone was taking items from mailboxes. Police then stopped a vehicle between Redfield Road and Fir Road, in which Hall was a passenger.

After a search of the vehicle, officers uncovered a wallet filled with credit cards not in the name of Hall or the driver of the vehicle, among other items, including Adderall pills and other controlled substances. One of the other items found was a ledger, which led investigators to believe that Hall was part of a credit card fraud ring.

Toni Marie Hall

An emotional Hall apologized to the court for her actions at sentencing, claiming that drug addiction played a role in her behavior.

“I have been completely sober [since her arrest],” Hall said. “I just ask the court to allow me to remain in a drug free environment, I can have complete control over my alcohol and drug addictions. I just want to be a better mom to my three children and to be a part of their lives.”

Herman sentenced Hall to probation in the Swift and Sure Sanctions Probation Program, which was a recommended sentence for Hall.

The Swift and Sure program places Hall on probation with the stipulation that if she does not successfully complete the program, she will go to prison. The program requires close monitoring as well as frequent drug and alcohol tests.

Prosecutor Tiffiny Vohwinkle opposed the Swift and Sure recommendation, saying that Hall’s theft was calculated. Vohwinkle instead recommended a prison sentence for Hall.

“This didn’t affect just a few people,” Vohwinkle said. “There are at least nine victims in the presentence report, and that’s just what officers were able to find. In the ledger, there were many more names. The best way to describe it is that it is a well-organized theft ring. They had plans for where they would steal and how they would use the numbers to commit this identify theft, which is a major issue in this community and this country.”

Despite Vohwinkle’s remarks, Herman went with the recommendation to place Hall into the Swift and Sure program.

“Quite frankly, I was ready to incarcerate you today as requested by the prosecutor,” Herman said. “You have three children who deserve a better mother than you’ve been. If your children mean anything to you, you’ll make changes now or you’ll be out of their lives.”

Herman warned Hall that the Swift and Sure program is not a get out of jail free card, but that she will need to work hard in order to turn her life around or she will likely end up in prison.

“If you don’t participate, you’ll be back in front of this court and this prosecutor,” Herman said. “You already know what she’s going to recommend.”