MCA 45-7-102(a)(iv)…or other communication designed to influence the outcome on the basis of considerations other than those authorized by law.
The Deschamps family has been in the Missoula Valley for 145 years, nine generations. The family lines are way too many to delineate here. Suffice it to say, David Deschamps is related to Judge Robert L “Dusty” Deschamps. David Deschamps decided he wanted to sell life and disability insurance. The only problem being he has a felony conviction for bad check writing. He was sentenced to five years with the Department of Corrections with 2 years suspended. There was another warrant out for bad checks after the sentence was pronounced.
David Deschamps took and successfully passed his life producer exam. He then took and passed his health producer exam. (An insurance producer is a general term applied to anyone who engages in the sale of insurance products. Producers must be licensed by the state in which they wish to sell insurance). David Deschamps then made application to the Montana State Auditor and Commissioner of Insurance for a resident, individual (life and disability) producer exam. David marked "no" in response to question 10 of his application asking whether had "ever" been convicted of a felony. David's application was rejected due to a criminal history check and he requested a contested case hearing. During the hearing, Deschamps admitted that, although he knew he had a felony bad check conviction, he represented that he had never been convicted of a felony in his application for an individual producer license. He said he did not believe his criminal conviction would show up on his criminal history check. Deschamps testified that the reason he wrote bad checks, for which he was convicted, was that he ran out of money in his trust account and just kept spending. Deschamps testified that he was currently experiencing financial bind and financial strain. He really needed this insurance license. I don't see what could go wrong here. Deschamps lying on an application in relation to handling another's money in a fiduciary way. What could go wrong?
David Deschamps’ application for individual producer license is denied for having attempted to obtain the license through misrepresentation or fraud including, but not limited to, providing incorrect, misleading, incomplete, or materially untrue information by failing to disclose his felony conviction. Fourth Judicial District Judge, Robert L “Dusty” Deschamps, on behalf of Respondent David Deschamps, states that it was some sort of naivety by David and requests consideration of the Insurance Commissioner of excusing David’s mistakes.
Judge Deschamps, using his influence as a District Court Judge, requests the Montana Insurance Commission to disregard MCA 33-1-311, 33-1-311(3), 33-1-311(2), 33-1-102(1), 33-17-201, 33-17-102(9), 33-17-1001(b), 37-1-203, 33-17-1001(1)(b).
David Deschamps blows through his trust account, gets hit with a felony charge because he can’t quit spending, is in a financial bind, and lies on his application. Judge Deschamps requests considerations other than those authorized by law and requests the Insurance Commissioner to disregard Montana laws based on David’s naivety. Judge Deschamps asks the State to give David a license to be in a fiduciary position to accept money for insurance from unsuspecting citizens of Montana. Every defendant appearing before Judge Deschamps should use the defense of “naivety”. Judge Deschamps has set the standard for the defense.
IMPROPER INFLUENCE IN OFFICIAL AND POLITICAL MATTERS:
MCA 45-7-102(a)(iv)…or other communication designed to influence the outcome on the basis of considerations other than those authorized by law.
David Deschamps’ felony conviction for writing a bad check is a crime involving financial dishonesty and bears a close relationship to the occupation of an insurance producer, who is required to handle clients money and make truthful and accurate representations to the client. The offense underlying the conviction relates to the public health, welfare and safety as it applies to the licensure of transacting life, disability and health insurance with consumers.
Judge Robert L. “Dusty” Deschamps is guilty of the offense of IMPROPER INFLUENCE IN OFFICIAL AND POLITICAL MATTERS as defined in Montana Code Annotated 45-7-102(a)(iv). Missoula, is this what you really want?