State v. Oxborrow

Kenneth Oxborrow (defendant) ran a pyramid scheme that defrauded over 500 investors of millions of dollars, funneling stolen money into luxury purchases and continuing to solicit investors even after being served a cease-and-desist order. After his attorney proactively approached prosecutors, Oxborrow pleaded guilty to first-degree theft and violating the cease-and-desist order. Though the presumptive sentencing ranges were only 0-90 days and 0-12 months, the trial court imposed an exceptional sentence of consecutive 10- and 5-year terms (15 years total, below the 20-year maximum available), citing statutory aggravating factors like multiple victims, extraordinary monetary loss, sophistication, and abuse of trust. Oxborrow appealed, arguing the sentence was clearly excessive and the court lacked authority to impose consecutive terms.