Printed By:   22425	PAGE: 
Printed Date: 06/28/2022
Ft. Smith Police
Offense Report
INCIDENT NUMBER: 190068926-00

--------------- INCIDENT INFORMATION ---------------
 
Report Date: 11/01/2019	Time:  10:07
Reporting Officer: 21695 (KAIN)
Reviewed By Officer: 21695 (KAIN)
Investigating Officer: 4700 (JONES)
Officer Making Rpt: 21695 (KAIN)
Supervisor: 21695 (KAIN)
Occur/Earliest Date / Time: 04/05/2019 00:01
Location: 304 S 14 ST, FORT SMITH, AR 72901-0000
Latest Poss Date / Time: 08/30/2019 23:59
Assoc Offense #: 
RD: 0901	Beat: 09	Shift: 1
CA: 01
Damaged Amount: 	Stolen Amount: 	Stolen Amount: 
Disposition: ADULT-EXCEPTIONALLY	Dispo Date: 01/08/2020
 
-------------------- OFFENSES ----------------------
 
Offense: 95000  (INCIDENT)
	IBR: 	Att/Comp: C	UCR: 3000	Arson UCR: 
 
---------- Attachments ----------
 
Folder\File Name	Type	    Size
20191101132751.pdf	PDF	     55/MB
hiram & joe.wav	WAV	    372/MB
 
--------------------- VICTIM -----------------------
 
Victim #1
Name: BOLDING CONSTRUCTION COMPANY
Juvenile ?: NO
Home Address: 340 S 13 ST, FORT SMITH, AR 72901-0000
SSN: 	DOB: 	Sex: 	Race: 
Hgt: 	Wgt: 	Hair: 	Eye: 
Driver's License: 	State: 
Employer: 
Emp Address: 

	--- Home Contact ---
	CELL #	XXXXXXXXXXXXXX

 
-------------- OTHER INVOLVED PARTIES --------------
 
Complainant #2
Name: AVERY,MAXIMUS TYRANNUS
Juvenile ?: NO
Home Address: 304 S 14 ST, FORT SMITH, AR 72901-0000
SSN: 	DOB: XXXXXXXXXX	Sex: M	Race: W
Hgt: 5'11	Wgt: 	Hair: 	Eye: HAZ
Driver's License: XXXXXXXXX	State: AR
Employer: 
Emp Address: 

	--- Home Contact ---
	CELL #	XXXXXXXXXXXXXX

 
---------------------- SUSPECT ---------------------
 
Suspect #1
Date and Time Last Updated: 11/1/2019 10:16:45 AM   Officer Reported ID: 21695
Name: GUENTHER,JUSTIN 
Juvenile ?: NO
Home Address: 
SSN: 	DOB: 	Sex: M	Race: W
Hgt: 	Wgt: 	Hair: 	Eye: 
Driver's License: 	State: 
Employer: 
Emp Address: 

	--- Home Contact ---
	CELL #	XXXXXXXXXXXXXX

 

 INCIDENT NARRATIVE 

On 11/01/19 Maximus Avery came to the Fort Smith Police Department to file a report on behalf of Bolding Construction Company. Max said that an employee of his, Justin Guenther, has been using the company checking account for a job that the company is not working on. Max said that Justin has been trying to make his own company, and has been paying for the costs of jobs for that company with Bolding's money. Max showed me copies of at least six checks that Justin wrote out, see attachment. The total amount is for $85,300. 

1) 1928, wrote 4/05/19, $5900, cashed 4/12/19 6:10pm
2) 2021, wrote 5/07/19, $10,000, cashed 5/08/19 1:02pm
3) 2108, wrote 5/24/19, $16,400, cashed 5/30/19 7:30am
4) 2193, wrote 6/19/19, $26,000, cashed 6/20/19 3:47pm
5) 2410, wrote 8/16/19, $15,000, cashed 8/20/19 11:06am
6) 2462, wrote 8/30/19, $12,000, cashed 9/05/19 6:13pm

Approved by: Sgt. McCoy 4256

INCIDENT SUPPLEMENTS 

    #:1  Date/Time Entered: 11/04/2019 13:55  Officer: JONES, BRADLEY WAYNE 
On 11/1/19, I spoke with Maximus regarding this report. He stated Justin Guenther, a previous employee of his company Bolding Construction, had used his own business account to pay for a business ran by Justin. Maximus stated while Justin was employed with him, Justin was a signer on the business account. Justin is alleged to opened his own construction business without knowledge to Maximus. Justin then used Maximus business account to fund Justins own business expenses. The memo of the checks show "Hicks Cabin." According to Maximus Hicks Cabin refers to Dave Hicks cabin in Tenkiller, AR. 

    #:2  Date/Time Entered: 11/20/2019 14:48  Officer: JONES, BRADLEY WAYNE 
On 11/20/19, I met with Max and Dennis regarding this report. Through this meeting, they asked what they needed to provide to further investigate this matter. I provided them with details that would help if they were provided. Max stated he would get to working on compiling all the needed items and get back with me when they're ready.

    #:3  Date/Time Entered: 01/08/2020 17:43  Officer: JONES, BRADLEY WAYNE 
On 1/8/20, I still have not received the documents as the employees stated they would provide. I also have not heard any response from the employees. I will clear this adult exceptionally and if the victim brings the documents at a later date, this can be reopened.

______________________________________
OFFENSE REPORT REVIEWED BY KAIN, CAJUN ON 11/1/2019 1:28:04 PM

______________________________________
OFFENSE REPORT APPROVED BY KAIN, CAJUN ON 11/1/2019 1:28:04 PM