5-21-2013 Colorado:
A group called the American Indian Movement in Pueblo said police weren’t doing enough to solve recent attacks.
Residents took matters into their own hands and chased down...
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Colorado mob attacks man falsely thought to be child molester
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Senator calls for access to more sex offender information
5-21-2013 Massachusetts:
In the wake of charges brought in about a horrific child sex abuse case at a Wakefield home day care facility, lawmakers are considering legislation to increase...
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Leaving an Accident Scene in Utah
If you are behind the wheel and an accident occurs, there are some steps you need to take in order to avoid certain criminal charges for leaving an accident scene. Accident Scene Involving Injury When you’re driving and are involved in an accident when you think an injury may have occurred, you are required to [...]
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Sex offender list closer to stripping job details
5-21-2013 Texas:
An online registry of convicted sex offenders in Texas would no longer include employer information under a bill inching closer to Gov. Rick Perry's desk.
The House on Monday...
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Pennsylvania bill would require busing where sex offenders live
You have to question how some lawmakers get elected? 5-21-2013 Pennsylvania:
A Pennsylvania lawmaker has introduced a bill that would require schools to provide busing to any of their students if...
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Homeless sex offenders present challenge to police
5-21-2013 New Hampshire:
Some address information for offenders not specific
Convicted sex offenders are required to keep police informed of their whereabouts, but when sex offenders are...
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Real Estate Investors Admit Rigging Bids at Foreclosure Auctions
Robert M. Brannon, Laurel, Mississippi, and his son, Jason R. Brannon, Mobile, Alabama, both real estate investors, were sentenced in U.S. District Court for the Southern District of Alabama in Mobile, for their participation in conspiracies to rig bids and commit mail fraud at public real estate foreclosure auctions in southern Alabama. The defendants were [...]
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Conspirator Jailed for Lying to Obtain Mortgages
Safieh Fard, 52, Escondido, Calif., was sentenced to 63 months in prison by U.S. District Judge Cormac J. Carney. Fard was also ordered to pay $594,000 in restitution to the Internal Revenue Service (IRS) for unpaid individual income taxes. Fard was convicted by a Santa Ana, California, jury on November 21, 2012, of one count [...]
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$27 Million ATM Ponzi Scheme Results in Prison For California Brothers, Woman
Two California brothers and a woman who lived with them were sentenced for masterminding a $27 million Ponzi scheme based on video advertisement screens mounted on ATMs and vending machines. Alan G. Flesher, 65, Wayne D. Flesher, 62, and Nancy Carol Khalial, 65, (the "Trio") received sentences of 210 months, 72 months, and 48 months, respectively. Flesher's sentence was significantly higher than his two co-defendants as he was recognized as the leader of the scheme. Under statutory sentencing guidelines, each of the Trio had faced up to 340 years in federal prison after pleading guilty last year to seventeen counts of mail fraud.
From 2001 to 2005, the Trio operated Unlimited Cash Inc. ("Unlimited Cash") and Douglas Network Enterprises Inc. ("DNE"). Potential investors were promised lucrative returns made possible through the placement of Ad Toppers - video monitors capable of displaying video advertisements - on vending machines and ATMs. The Ad Toppers would show advertisements for popular companies such as Coca-Cola, Gold’s Gym, and Paramount Pictures, taking in a portion of ATM transaction fees and advertisement revenue. Based on these promises, nearly 800 investors invested more than $40 million with the two companies.
However, contrary to their representations, the Trio did not use a majority of the funds raised to place ATMs and Ad Toppers. Rather, investor funds were used for a multitude of unauthorized purposes, including personal salaries, sales commissions and payments to existing investors - a classic hallmark of a Ponzi scheme. In addition to the prison sentences, the court also ordered a total of $27.4 million in restitution - the estimated amount of investor losses.
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Accounting Firm Ordered to Pay $180,000 in Sanctions For Withholding Documents Relating to Seattle's 'Mini-Madoff'
A federal judge ruled that an accounting firm should pay $180,000 in legal fees resulting from multiple failures to respond to a subpoena issued by the trustee overseeing a massive Seattle Ponzi scheme whose mastermind became known as Seattle's 'Mini-Madoff'. Moss Adams, the nation's 12th-largest accounting firm, had been asked to produce documents relating to its dealings with Darren Berg, who pled guilty in July 2011 to running a $150 million Ponzi scheme. Moss Adams, which counted Berg as a client for ten years, had been found in contempt in April for failing to timely produce thousands of documents.
The trustee in charge of recovering funds for Berg's investors served a subpoena on Moss Adams shortly after Berg was arrested in July 2010. While nearly 12,000 pages of documents were initially produced in response to the subpoena, Moss Adams would eventually make several additional supplemental productions of thousands of pages of additional responsive documents over the next two years. This included additional emails, billing records, voicemails, and Berg's tax returns. Finally, after the engagement of a third-party to assist in discovery efforts, Moss Adams made their last production in January 2013 of another 1,200 pages of documents.
The trustee's counsel sought sanctions against Moss Adams, arguing that their failure to fully comply with the subpoena had significantly hampered their efforts to gain a thorough understanding of Berg's scheme, especially since crucial documents such as Berg's tax records and other financial documents were not produced until much later after the deadline for compliance. Additionally, due to restrictions in place with Moss Adams file retention systems, the failure to timely respond to the subpoena meant that some documents had been lost forever. This was especially prejudicial, argued the trustee's attorneys, since they believed that those records may have bolstered their claim that a Moss Adams employee had an inappropriate relationship with Berg that may have helped to further Berg's scheme.
The federal judge overseeing the case, United States District Judge Karen A. Overstreet, agreed that these shortcomings significantly hampered the trustee's ability to accurately ascertain the financial status of Berg's financial empire. As Judge Overstreet concluded,
"Moss Adams’ failure to fully comply with the Subpoena hampered the Trustee both with regard to his duties to marshal the estates’ assets and his efforts to evaluate the estates’ claims against Moss Adams."
While the trustee had sought up to $277,000 in legal fees, Judge Overstreet ruled that $180,000 was an appropriate amount in sanctions. Moss Adams' counsel has filed a motion asking the judge to reconsider her ruling.
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"Judge Criticizes ‘High Error Rate’ of New York Police Stops"
From the New York Times: After listening to two months of testimony on the New York Police Department’s stop-and-frisk practices, Judge Shira A. Scheindlin left little doubt about her views of their effectiveness in helping detect criminal behavior. . ....
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I-84 blocked from Broadway exit to Gowen exit
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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IDAHO STATE POLICE NEWS RELEASE
District 3 Patrol 700 S. Stratford Dr., Meridian 83642
(208) 846-7550
Fax (208) 846-7520
For Immediate Release: 5/21/2013 9:20 p.m.
Please direct questions to the District Office
The Idaho State Police and Ada County Sheriff's Office will be blocking Interstate 84 from the Broadway exit to the Gowen exit, both eastbound and westbound, while Idaho Power replaces a power pole. The interstate will be blocked for approximately half an hour, starting at 9:20 pm.
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Tuesday Night Open Thread
Ryan Lizza at the New Yorker has details of the Government's investigation of Fox News Reporter James Rosen. DOJ also got phone records.
In South Africa, Oscar Pistorius' brother Carl was acquitted of culpable homicide and lesser charges...
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Update: I-84 blocked from Broadway exit to Gowen exit
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
IDAHO STATE POLICE NEWS RELEASE
District 3 Patrol 700 S. Stratford Dr., Meridian 83642
(208) 846-7550
Fax (208) 846-7520
For Immediate Release: 5/21/2013 9:20 p.m.
Please direct questions to the District Office
*****Update*****
The interstate has been re-opened.
*****End of update*****
The Idaho State Police and Ada County Sheriff's Office will be blocking Interstate 84 from the Broadway exit to the Gowen exit, both eastbound and westbound, while Idaho Power replaces a power pole. The interstate will be blocked for approximately half an hour, starting at 9:20 pm.
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"How quickly can and will (hundreds of) imprisoned crack defendants file "Blewett claims"?"
Doug Berman at Sentencing Law & Policy discusses the implications of a Sixth Circuit case declaring that the reduced mandatory minimum crack sentences set out in the Fair Sentencing Act of 2010 must be applied even to those offenders sentenced...
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Andrew Santana of Miami, Florida Arrested for Aggravated Assault with a Deadly Weapon
Andrew Santana of Miami, Florida was arrested Friday after he was accused of intentionally crashing into another vehicle during a bout of road rage, news sources report. The other vehicle reportedly contained a family of four; luckily, it does not appear as though anyone was seriously injured. Santana, 30, was booked into the Port St. Lucie County Jail on charges of leaving the scene of a traffic crash and aggravated assault with a deadly weapon. It is unclear whether he qualified for bail bond. The press did not list a lawyer for Santana.
According to reports, Kelley and Karen Holloway and their children, ages 5 and 10, were traveling near along Port St. Lucie Boulevard Friday evening. They came to a stop at the red-light intersection of Veterans Memorial Parkway. Santana's vehicle pulled up behind the family's car and began to spin its tires, sources say,
When the light turned green, the family proceeded onward. Santana allegedly followed close behind, then pulled up next to them and began to shout expletives at them. Sources say Santana then slammed his GMC truck into the side of victims' vehicle. The collision reportedly smashed off the victims' side-view mirror.
Sources say the family pulled to the side of the road and parked; Santana parked as well and exited his vehicle. Reports say Santana shouted at the victims, telling them to exit their vehicle as well. Kelly Holloway, who reports say uses crutches to walk, got out of the vehicle and confronted Santana. At that point, Santana climbed back into his vehicle and left the scene, reports say.
Worried about their children, the Holloways called police and reported the incident. Detectives tracked down and arrested Santana later that evening. It is unclear whether anyone was injured.
In other news, Eduardo Rodriguez of Pierson was arrested Monday after he was accused of breaking into a schoolmate's home with the intention of raping her, a press release form the Volusia County Sheriff's Office says. Rodriguez, 18, was booked into the county jail on charges stemming from the incident. His bail bond was set at $101,000. It is unclear whether he hired legal representation.
According to reports, the incident occurred around 1:00 Monday morning at the victim's home. Rodriguez allegedly disguised himself with a bandana and climbed through the victim's bedroom window. Sources say he then lifted a blanket off the victim and touched her leg. "I woke up, and I felt something. I felt him looking at me. I woke up, and he was right there," the victim said.
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Dallas County Bond Schedule
Most criminal defendants never planned on getting arrested. But if you are a forward looking recreational drug user or retailer, It may help to know how much bail money you need to set aside when LEO shows up. I've attached a copy of the Dallas County recommended bond schedule to help you plan ahead.
bond schedule.docx
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S.D.N.Y.: White collar records warrant failed particularity and good faith
Particularity and overbreadth in white collar crime: a rare granting of suppression in a no-fault insurance scheme search warrant. The particularity requirement protects important values. The good faith exception does not apply here. United States v. Zemlyansky, 2013 U.S. Dist. LEXIS 71818 (S.D.N.Y. May 20, 2013) (Oetken, J.):
[...] Read more!
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D.Nev.: Reliance on telephonic search warrant was in good faith
Reliance on a telephonic search warrant looking for evidence of a mugging by defendant was objectively reasonable and would not be suppressed. United States v. Davis, 2013 U.S. Dist. LEXIS 71696 (D. Nev. April 23, 2013).*
Knowledge of a warrant out for defendant is justification for a stop. United States v. Harper, 2013 U.S. Dist. LEXIS 71727 (W.D. Ark. May 21, 2013),* R&R 2013 U.S. Dist. LEXIS 71729 (W.D. Ark. April 4, 2013).*
Defendant’s coerced consent claim fails. United States v. Brown, 2013 U.S. Dist. LEXIS 71336 (S.D. Ga. April 16, 2013).*
Defendant had no standing in what was described as an unlivable crack house. United States v. Anderson, 2013 U.S. Dist. LEXIS 72144 (E.D. Tex. May 10, 2013).*
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9th Circuit orders hard drive reformatting just in case hard drives contained encrypted files
The Ninth Circuit recently upheld an order allowing the government to reformat the hard drives on a computer before returning them because the drives might have contained encrypted files, and those encrypted files might have violated the defendant's supervised release. (United States v. Spink, No. 12-30068 (9th Cir. 2013)).
The defendant had been accused of violating the terms of his supervised release by use of his computer by possessing images of bestiality or zoophilia (he had previously owned at least 52 such websites). However, it appears as though the computers had either been erased, or the defendant had encrypted files on the computer. As no evidence was apparently found (from the little facts in the opinion), the computers had been ordered to be returned.
However, after the order, the government argued that they should be able to erase the hard drives in case there were files encrypted on the drive that would violate the defendant's release.
The government professed that it could not determine whether the computers' hard drives appeared to be blank because they had been erased or because they contained encrypted information that the government could not access.
The Ninth Circuit affirmed the decision to allow the hard drives to be erased, holding:
If the hard drives have been erased, there is no harm to Spink from the government wiping the hard drives again before it returns the computers. However, if there is encrypted data, Spink presumably has the ability to access those materials, and he has not offered to access the files in the presence of the Probation Office. Moreover, if the hard drives contain encrypted materials, those materials are likely to be the type of materials that Spink is prohibited from possessing under the conditions of his supervised release.
As I've argued many times before, I think the assumption that encryption is only used to do illegal or improper acts is erroneous and a very harmful idea for courts to consider. Does a locked door to your house imply that you are hiding illegal items in your home?![]()
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More Pages to Explore .....
