STATE V. OXBORROW
723 P.2d 1123 (1986)
NATURE OF THE CASE: This was an appeal from a sentence imposed for a pyramid scheme.
FACTS: Oxborrow (D) initiated a pyramid scheme that raked in over $58 million dollars
with the promise of returns of up to 2% per week on commodity investments. Eventually the
scheme fell apart and over $13 million was unaccounted for and over 500 investors lost
everything they put into the scheme. D led the high life during these episodes and bilked
his customers by displaying large pictures of Jesus and other Christian items on prominent
display throughout his home and office. D also purchased two Rolls Royce cars, a Cadillac
limo, several airplanes, and an oceanside resort cabin, decorated his office and home with
fine leather furniture, expensive antiques, and imported Chinese rugs. A cease and desist
order was issued but D ignored that and took another $1 million. D hired an attorney and
pled guilty to theft and willful violation of the cease and desist order. Under SRA, the
crimes carried a 90-day and 12 months limit and the statutory maximum of 10 years in each
case. D had no prior criminal record. The Prosecutor recommended concurrent 10 year and
5-year sentences. The trial judge ordered consecutive 10 and 5-year sentences. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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