New trial granted for 2 convicted in break-ins at Las Vegas vault

Two of the 3 erstwhile co-workers convicted of stealing much than $1 cardinal from 24/7 Private Vaults person been granted a caller trial.

The vault company was robbed successful 2012 and burglarized successful 2014, soon aft the institution had filed for bankruptcy.

In a national proceeding Tuesday, U.S. District Judge Andrew Gordon ruled that prosecutors did not beryllium that Sylviane Whitmore and Larry McDaniel knew the institution had filed for bankruptcy.

The uncommon determination lone applies to the lawsuit involving the 2014 burglary and comes conscionable months aft jurors delivered a blameworthy verdict.

McDaniel was convicted of charges stemming from that burglary only, and defence lawyer Todd Leventhal said helium is assured the authorities volition not beryllium its lawsuit a 2nd time.

“Rarely bash judges instrumentality a jury’s determination and conscionable teardrop it up,” Leventhal said. “We’re precise blessed that Judge Gordon did the close happening and overturned a condemnation that I thought was incorrect successful the archetypal place.”

Jurors successful June found Whitmore and Phillip Hurbace blameworthy of readying and carrying retired the 2012 robbery. Hurbace did immoderate enactment for the institution until 2010. Whitmore besides was convicted of wealth laundering and interstate proscription of stolen property.

McDaniel was convicted of wealth laundering and aggregate counts of stolen spot successful transportation with the 2014 burglary.

After the verdict was read, Whitmore hollered into the courtroom.

“I didn’t bash it! I’m sorry, I didn’t bash it,” Whitmore said arsenic she shook her caput and pointed astatine McDaniel. “And neither did he. We’re not guilty.”

The 24/7 Private Vaults gathering stood successful the mediate of a half-vacant portion promenade eastbound of the airport. Its precocious founder, Elliot Shaikin, touted the concern arsenic safer than banks.

Clients had keys to harmless deposit boxes, utilized an iris scan to entree the vault and signed paperwork with an “X” to support their identities secret. Up to $70 cardinal successful currency and valuables were stored there.

But the promises of around-the-clock monitoring by equipped guards were not true, attorneys said.

And however overmuch was taken during the crimes is unknown, arsenic astir of the vault’s customers ne'er came forward.

Prosecutors argued that some the robbery and burglary were wrong jobs and connected the defendants to currency purchases, slope statements and Hurbace’s cognition astir bypassing the information cameras.

Charges were filed against the trio connected April 11, 2017, respective days earlier the five-year statute of limitations for the robbery would person tally out.

The insiders knew erstwhile lone 1 information defender would beryllium connected shift, prosecutors said. They besides knew however to circumvent the information and participate the vault done the ceiling, they argued.

The U.S. attorney’s bureau successful Nevada declined to remark connected the judge’s ruling.

Sentencing successful the lawsuit is scheduled for April 21.

Contact Briana Erickson astatine berickson@reviewjournal.com oregon 702-387-5244. Follow @ByBrianaE connected Twitter.