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Colorado Springs Men Challenging Fraud Conviction

By: KKTV
Posted: Thu 5:56 AM, Sep 06, 2012

Six men from Colorado Springs serving sentences for software fraud are appealing their convictions.

The men were found guilty of conspiracy to commit fraud as well as mail fraud and wire fraud in 2011. Prosecutors say Kendrick Barnes, Gary L. Walker, Demetrius K. Harper, Clinton A. Stewart, David A. Zirpolo and David A. Banks defrauded staffing companies of over $5.1 million.

Attorneys for the men announced Wednesday the men will appeal the convictions and ask for a new trial. The men maintain their rights to a fair and speedy trial were violated.

According to their lawyers, the men developed web-based software for law enforcement investigations prior to their convictions. The U.S. attorney’s office said they defrauded 42 staffing companies with false statements and false time cards, but the companies set up by the defendants never paid the invoices from those staffing companies.

“We believe our clients didn’t receive a fair trial,” said attorney Gwendolyn Solomon.

The men claim they were not allowed to call certain expert witnesses on their behalf, and their constitutional rights against self-incrimination were compromised during the original trial.

“We feel strongly that the convictions will either be reversed or our clients will be granted a new trial,” Solomon said in a news release Wednesday.

The men have requested to be released pending their appeal. They're hoping the request for release will soon go before the court.


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