Patrick McCarty

A Minot man charged with embezzling more than $1.5 million from the Minot branch of a trucking company made his initial appearance in North Central District Court on Thursday, May 21.

According to the Minot Police Department, Patrick. O. McCarty, 49, Minot, was arrested on Wednesday, May 20, for theft by deception-over $50,000, a Class A felony. McCarty made his initial appearance before Judge Todd Cresap over ITV.

According to court documents, the investigation began after the district manager for the Minot branch of Wilbur-Ellis contacted Minot Police after discrepancies were discovered in two invoices requesting payment for services submitted by a company called PM Trucking. Investigators later determined PM Trucking had allegedly submitted approximately 157 fraudulent invoices dating back to 2014 for freight deliveries that never occurred. According to the affidavit of probable cause, the reporting party eventually determined PM Trucking’s business address was McCarty’s residential address.

Investigators determined McCarty allegedly used his position within the company to gain knowledge of and circumvent the company’s verification process, allowing fraudulent invoices to be submitted and processed. Additionally, the investigation eventually established the most recent check payment had been deposited on April 27 at a Minot bank.

According to the affidavit of probable cause, the bank in question confirmed the account was under the name of PM Trucking and Patrick McCarty, and had an account balance of $0.00.

McCarty informed Cresap he intended to apply for a public defender.

In regard to bond, Assistant Ward County State’s Attorney Logan Simons said after a review of similar cases in North Dakota, the state would be requesting a cash or corporate surety bond of $100,000 post 10%. Additionally, Simons requested a distance provision from Wilbur Ellis’s Minot Branch location, but Cresap demurred noting his preference that the business handle that itself.

Indigent defender Jeffery Holt spoke on McCarty’s behalf for the hearing, arguing he had no criminal history apart from a parking ticket, had medical issues and wasn’t a flight risk. Holt asked for a cash or corporate surety bond of $50,000 post 10%, but Cresap disagreed that McCarty’s lack of criminal history should be given much weight.

“You don’t run into this kind of case all that often, and when you do, it’s a situation oftentimes when it’s someone with no record who has been getting away with things for quite a while. I don’t know whether these things are true or not, but they certainly are serious. This would not be the only type of file where you can’t really rely on a criminal record to set bond. So I think the bond has to reflect the seriousness of the allegations,” Cresap said, concluding the State’s recommended bond wasn’t unreasonable.

McCarty’s preliminary hearing and possible arraignment are scheduled for June 25.