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Conviction in Credit Repair Scheme Using Stolen SSNs

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Mortgage Fraud Blog. Benjamin Bland, 41,  Richmond, Virginia, was convicted by a federal jury of conspiracy to commit wire fraud, wire fraud, and social security fraud. According to evidence presented at his five day trial, Bland was the owner and registered agent of a company headquartered in Richmond, Virginia that hosted a website that purported to provide individuals with […] The post Conviction in Credit Repair Scheme Using Stolen SSNs appeared first on Mortgage Fraud Blog.

Ruling: Court Fees and Restitution Should be Returned when Criminal Convictions are Overturned

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When a criminal conviction is invalidated on appeal, the state is obligated to refund fees, court costs and restitution paid by the defendant, the U.S. Supreme Court ruled last month. In Nelson V. Colorado, a violation of due process rights was found under the 14th Amendment. The state’s statute regarding compensation for the exonerated, which allows the retention of conviction-related assessments until the exonerated person proves his or her innocence by clear and convincing evidence in a civil court proceeding. “Is there a risk of erroneous deprivation of defendant’s’ interest in return of their funds if, as Colorado urges, the Exoneration Act is the exclusive remedy? Indeed yes, for the act conditions refund on defendant’s’ proof of innocence by clear and convincing evidence,” Justice Ruth Bader Ginsburg wrote for the majority. “But to get their money back, defendants should not be saddled with any proof burden.” Two…

Can Police Force You To Provide Your Cell Phone and Password?

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HYPOTHETICAL Let’s say that law enforcement seizes your cell phone, believing that it contains evidence of a crime. Let’s further say that they demand that you give them the passcode so that they can get into your phone and retrieve its contents. You tell the officers, “No thank you. I respectfully decline your invitation. My top-notched attorney, Mark Eiglarsh, has warned me not to consent to this type of governmental action.” They then inform the prosecutor of your refusal. The prosecutor then petitions the court to force you to turn over your passcode, arguing that they believe it contains incriminating information. How should the judge rule? ANALYSIS Continue reading →

"Tell the Client's Story: Mitigation in Criminal and Death Penalty Cases"

NYC Bergdorf Goodman Shoplifting Arrest in Excess of $1,000 Ends in Dismissal for Crotty Saland Client

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When you are a professional and your career depends on your name and character, the mere allegations of an arrest can be devastating. An allegation is often the equivalent to a conviction. Whether you work in banking and finance, you are regulated by FINRA or the FDIC, you are an attorney of physician that maintains a professional license, or the product you sell is “you,” an arrest in New York for a crime of fraud, deceit or theft is life altering in the most adverse way. Recently, a client arrested for stealing clothing from Bergdorf Goodmans in Manhattan faced such a embarrassing dilemma when she was accused of shoplifting gloves retailing for well north of $1,000.00. Technically a felony shoplift as a class “E” felony of Fourth Degree Grand Larceny, New York Penal Law 155.30, our client was fortunate enough to receive a Desk Appearance Ticket (DAT) for Petit Larceny, a class “A” misdemeanor. While the criminal complaint ultimately…

BAC test evidence and DUI

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In Birchfield v. North Dakota, the Supreme Court held that breath tests, but not blood tests, may be administered without a warrant as a search incident to lawful arrest for drunk driving.  The Court also held that motorists may not be criminally punished for refusing to submit to a blood test on the basis of legally implied consent.  In Missouri v. McNeely, a plurality of the Court held that the natural dissipation of alcohol in a motorist's blood stream alone does not create a per se exigency that would justify a non-consensual blood draw without a warrant.Criminal Justice Legal Foundation filed a brief in a companion case to Birchfield arguing that a motorist's statutorily implied consent to submit to a search of his or her breath, blood, or urine after lawful arrest for suspicion of DUI falls within the consent exception to the Fourth Amendment's warrant requirement.  We argued that requiring all law enforcement officers to secure a warrant…

Third Degree Assault and Obstruction of Breathing Circulation Dismissed: New York Criminal Lawyers Keep Client’s Record Clean

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There is no better feeling than vindicating or exonerating a client who comes to you passionately asserting that the crime he or she is accused of is a crime that he or she did not commit. Yes, a complainant can make an allegation, but as we all know assertions made by one party are not always true. In most cases, because the police were not at the scene of an incident when you committed an alleged crime, the police officer or detective has to make a decision as to whether or not there is probable cause to make an arrest. Sometimes right in their determination and sometimes wrong, unfortunately for those who fall into the latter category of arrests, a pending criminal case can, and often does, disrupt your life as the matter winds through the New York City or other courts from arraignment to resolution. For a recent client defended by the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC, what started off as a horrific evening in jail in…

Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter (EDÖB) veröffentlicht Hinweise zum Swiss-US Privacy Shield

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Am 2. Mai 2017 veröffentlichte der Eidgenössische Datenschutz- und Öffentlichkeitsbeauftragte (EDÖB) auf seiner Webseite Hinweise zum Swiss-US Privacy Shield. Danach können sich amerikanische Unternehmen auf der Privacy Shield-Webseite des US-Departement of Commerce (DOC) registrieren und die Zertifizierungsvoraussetzungen erfüllen. Die Webseite enthält auch eine Übersicht mit FAQ.Im Zusammenhang mit dem Swiss-US Privacy Shield sollten schweizerische Unternehmen gemäss EDÖB  u.a. folgende Hinweise beachten:(i) Schweizer Unternehmen können bei der Datenübermittlung an amerikanische Unternehmen nur von den erleichterten Bedingungen profitieren, wenn letztere für das Swiss-US Privacy Shield zertifiziert sind und den EDÖB demzufolge als Aufsichtsorgan anerkennen. Eine Zertifizierung für das EU-US Privacy Shield genügt nicht.(ii) Bevor Schweizer Unternehmen Personendaten an amerikanische Unternehmen…

News Scan

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Crackdown on Drug Cartels Underway:  The recent arrests of 23 cartel operatives along the New Mexico and Texas border with Mexico is an indication of things to come regarding border enforcement.  Joseph J. Kolb of Fox News reports that members of the Sinaloa Cartel, once headed by Joaquin "El Chapo" Guzman, were caught with 64 kilos of meth, 30 kilos of heroin, 20 kilos of pot, and 17 kilos of coke, along with firearms, vehicles, and over $100,000 in cash.  At a press conference announcing the bust, Doña Ana County Sheriff Enrique Vigil said to cartel leaders, "We're going to make sure that you're always looking over your shoulder.  We're going to be knocking on your doors soon--it's just a matter of time."  Vigil reflects the new attitude of border state law enforcement and ICE officers who now believe that the new administration has their back. Celebrating the LA Riots:  Twenty-five years ago, after…

Courrege on Drugged Driving

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Charles S Courrege (Southern University Law Center, Students) has posted Drugged Driving: How the Legalization of Marijuana Has Impaired the Ability of the Louisiana DWI Law (Southern University Law Review (Forthcoming)) on SSRN. Here is the abstract: Marijuana is now...

Woman Arrested For Puppy Smuggling and Fake Pet Rescue

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Nine puppies are up for adoption following a bust on a puppy smuggling and Fake Pet Rescue operation. Fake Pet Rescue Results in Woman Arrested For Puppy Smuggling The nine dogs were among 19 puppies in 42-year-old Megan Ann Hoechstetter’s possession when she was arrested an charged with 20 misdemeanor counts of keeping an animal without proper care and two misdemeanor counts of animal abuse by a caretaker. According to Irvine police’s Kim Mohr, Hoechstetter set up a fake rescue service online to sell dogs she allegedly received from Mexico who had not received proper care as part of a “puppy flipping” operation. Between March 21, 2014 and March 1, 2017, Hoechstetter, operating under the business name of “Pawlosophy,” failed to provide appropriate care for more than 100 puppies, according to the Orange County District Attorney’s Office. Sick Puppies Several families within Orange County reported that shortly after they had received…

Florida legislative debate provides interesting sign of the modern mandatory-minimum drug sentencing times

Bill to Seal Florida Criminal Records of People Found Not Guilty Goes to Governor

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Florida lawmakers decided in favor of a measure that would wipe clean criminal records of those who are arrested, but later found “not guilty.” That would include some high-profile individuals such as Casey Anthony and George Zimmerman. However, the act is really intended to help those lesser-known individuals who are arrested on charges they beat or were later dropped. Supporters of the bill say it would allow these individuals to apply for jobs or rent apartments without having to worry that their online mugshot or a dropped criminal charges will surface in a background check. The bill sailed through the state legislature, and is on its way to the governor’s desk. Rep. Scott Plakon (R-Longwood) was quoted by the Orlando Sentinel as saying the fact that these charges plague people whose guilt was never proven in the eyes of the law is “tragic.”  Both the state Senate and House passed the measure unanimously. If Gov. Rick Scott gives his…

Maryland Probation Before Judgment

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What is Maryland Probation Before Judgment? Maryland Probation before judgment, also known as “PBJ” in Maryland is a disposition or outcome a person can receive in a criminal or traffic case in Maryland. A PBJ means a person has not been convicted, even though a Judge or Jury may find a defendant guilty. The Court will strike the “guilty” finding and enter a “probation before judgment.” Probation before judgment is available in most criminal and traffic cases in Maryland. However, some cases and charges are not eligible for a PBJ.  Read more to learn about PBJ, when you can and cannot receive one in Maryland. Who Can Get a PBJ in Maryland? Anyone can received a PBJ in Maryland including a probation before judgment for a driving while under the influence (DUI) or driving while impaired (DWI).  There are situations when a person cannot receive a PBJ in Maryland. Those include: A PBJ for a DUI if you have been convicted or…

After his guilty plea to a civil rights offense, what federal guideline range and ultimate sentence will Michael Slager face for killing Walter Scott?


Middle District of Florida Employs Unique Provisions for False Claims Act Settlements with Compounding Pharmacies

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During the last three years, the U.S. Attorney for the Middle District of Florida ("the District") settled a number of False Claims Act investigations relating to "compounding pharmacies" that sold and marketed compounded pain cream medications that were reimbursed by Tricare. See here and here. The allegations against these pharmacies and their owners were very similar: compounding pharmacy paid kickbacks of one kind or another to marketers and/or physicians to generate prescriptions for compounded pain cream medications that were, in turn, filled by the same pharmacy who profited handsomely due to Tricare's very high rate of reimbursement. The District announced in October 2016 that it had "recovered almost $70 million" from these FCA settlements.The FCA settlements for WELLHealth, Topical Specialists, and North Beaches compound pharmacies included settlement provisions that are rarely, if ever, seen. In these…

Arlen on Corporate Criminal Enforcement

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Jennifer Arlen (New York University School of Law) has posted Corporate Criminal Enforcement in the United States: Using Negotiated Settlements to Turn Potential Corporate Criminals into Corporate Cops on SSRN. Here is the abstract: Corporate criminal enforcement in the United...

Pre-Trial programs can help offenders avoid convictions

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Everybody makes mistakes. For some people, those mistakes bring them into conflict with the law. Thankfully, Florida law recognizes that, in some cases, offenders deserve a second chance. In Pensacola, Milton, Fort Walton, Destin, and all over Northwest Florida, our State courts offer are two programs that defer some offenders away from the criminal justice system who have never been in trouble with the law, generally for certain types of first offenders. Continue reading

Top Ten Favorite Films: #8 Searching For Bobby Fischer

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A story about a chess prodigy not named Bobby Fischer.A story about learning to see the moves before the moves are made.A story about learning to think with both sides of your brain.A story about doing what you have to do versus doing what you love.A story about different types of teaching.A story about the fact that both types of teaching are needed.A story about being a trial lawyer.  Anticipate and prepare.  Prepare and anticipate.  Prepare more thoroughly than anybody anywhere anytime.A story about love of all things and all people.A story about compassion, caring, and forgiveness.

Court Creates New Rules for Mistrials at Punishment Phase

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Legal scholars and sources, such as Black’s Law Dictionary, provide two definitions of a mistrial: first, a trial is brought to an end by the judge before a determination on the merits has been made because a procedural error or serious misconduct; and, second, the trial judge declares a mistrial when the jury is unable to reach a verdict.   Mistrials Governed by Common Law   Unlike in most states, the Texas Code of Criminal Procedure provides sparse information and even less guidance to trial courts when it comes to mistrials. The Texas Court of Criminal Appeals recognized this procedural deficiency nearly fifteen years ago in Rodriquez v. State when it found that the Code provides little guidance concerning mistrials granted because of procedural errors or misconduct. The Court was forced to find that under Article 1.27 of the Code, mistrials are actually governed by common law because there are no statutory provision or regulatory rules governing mistrials.…
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