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Dueling Mortgage Fraud Schemes Land Perp in Prison

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Mortgage Fraud Blog. Sergey Shchirskiy, 41, Sacramento, California, was sentenced to seven years and 10 months in prison for his participation in two mortgage fraud schemes and one tax fraud scheme. According to court documents, Shchirskiy pleaded guilty to one count of wire fraud in each of the two mortgage fraud cases, as well as one count of conspiracy […] The post Dueling Mortgage Fraud Schemes Land Perp in Prison appeared first on Mortgage Fraud Blog.

Fentanyl Drug Crime Prosecutions on the Rise

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We have noticed a dramatic spike in the number of fentanyl, furanyl fentanyl and other synthetic opioid prosecutions by the Department of Justice in states across the country. In fact,… read more → The post Fentanyl Drug Crime Prosecutions on the Rise appeared first on Pate & Johnson Law Firm.

Foreclosure Avoidance Scam Mastermind Indicted

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Mortgage Fraud Blog. Michael “Mickey” Henschel, 68, Van Nuys, California was indicted on an 11-counts for his alleged role as the mastermind of a foreclosure-avoidance scam that targeted distressed homeowner.  He was arrested on federal charges that he orchestrated a bankruptcy fraud scheme that brought in more than $7 million from victims. Henschel was ordered detained pending trial. According to the indictment unsealed […] The post Foreclosure Avoidance Scam Mastermind Indicted appeared first on Mortgage Fraud Blog.

Reverse Mortgage Schemers Charged

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Mortgage Fraud Blog. Mark Steven Diamond, 60, Chicago, Illinois, a mortgage loan originator with offices in Chicago and Calumet City, was indicted and arraigned on federal fraud charges for his alleged role in a scheme to bilk elderly homeowners out of millions of dollars.  According to the indictment, he engaged in a home repair and loan fraud scheme that […] The post Reverse Mortgage Schemers Charged appeared first on Mortgage Fraud Blog.

Maryland Mod Fraud Conviction and Pleas

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Mortgage Fraud Blog. Ana Maritza Gomez, 44, Hyattsville, Maryland, was convicted by a federal jury of one count of conspiracy to commit mail and wire fraud and five counts of mail fraud arising from a scheme to defraud victims through a foreclosure rescue fraud scam. Two co-defendants, Rene De Jesus De Leon, 48, Silver Spring, Maryland, and Pedrina Rodriguez Bonilla, 38, Silver Spring, […] The post Maryland Mod Fraud Conviction and Pleas appeared first on Mortgage Fraud Blog.

Guilty Plea in Shotgunning Case

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Mortgage Fraud Blog. Rafael Popoteur, 65, Ridgefield Park, New Jersey, pleaded guilty to an information charging him with conspiring to commit bank fraud between 2012 and 2014.  He admitted his role in a scheme to use false information and simultaneous loan applications at multiple banks to fraudulently obtain home equity lines of credit, a practice known as “shotgunning,” According […] The post Guilty Plea in Shotgunning Case appeared first on Mortgage Fraud Blog.

"Will Trump Use Science to Fight Crime?"

Rethinking criminal punishment: UT professor's new book

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It's time to change the way that criminals are punished in the American criminal justice system, argues William R. Kelly in his latest book, "From Retribution to Public Safety: Disruptive Innovation of American Criminal Justice.""For decades, we've been asking, 'What is the crime committed, and how much punishment do they deserve?'" said Kelly in a recent interview. "We're saying, ask a different question: 'How do we keep them from coming back?'"This is the third book authored by Kelly, a University of Texas professor and director of the university's Center for Criminology and Criminal Justice Research, and his first collaboration. Contributing authors were U.S. District Judge Robert Pitman, a former U.S. Attorney, and Dr. William Streusand, a psychiatrist.In the book, the trio gives evidence of what Kelly calls the "clear, understandable relationship" between criminality and factors like mental…

SCOTUSblog begins symposium on OT 2016 death penalty decisions

Phillips on Sexual Assault Survivor Stories

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Dana Erin Phillips (York University, Osgoode Hall Law School, Students) has posted Let's Talk about Sexual Assault: Survivor Stories and the Law in the Jian Ghomeshi Media Discourse (Osgoode Hall Law Journal, Vol. 54(4), Forthcoming) on SSRN. Here is the...

Wright on Prosecutors

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Ronald F. Wright (Wake Forest University - School of Law) has posted Prosecutors, Flying Blind and Flying Solo (Chapter in Academy for Justice: A Report on Scholarship and Criminal Justice Reform (Erik Luna ed., Forthcoming)) on SSRN. Here is the...

Arlington Heights Police Announce “Specialized Traffic Enforcement Campaign” for 4th of July Weekend

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The Arlington Heights Police Department has announced that they will have a Traffic Enforcement Campaign in place from June 26 to July 9, 2017. The Traffic Enforcement Campaign coincides with the upcoming Fourth of July weekend. The Traffic Enforcement Campaign will check motorists and vehicles for seatbelt violations, DUI driving, and a roadside safety checkpoint. The first roadside safety checkpoint will take place on June 28th on Arlington Heights Road just south of Algonquin Road. A roadside safety checkpoint is a way that the police can look inside your vehicle and pull you over to the side if they smell something, or see something inside the car, or suspect that the driver is up to no good. What the Arlington Heights Police are planning on doing this weekend is commonly known as a “Police Roadblock.” The Arlington Heights Police will be looking for people that are not wearing their seatbelts and are Driving Under the Influence of Alcohol or Drugs. The…

Time’s Up: Supreme Court Affirms Three-Year Deadline for Opting Out of Section 11 Class Actions

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On June 26, 2017, the U.S. Supreme Court issued a decision that will have a significant effect on securities class action litigation, changing the strategic calculus for both institutional plaintiffs and defendants. In California Public Employees’ Retirement System v. Anz Securities, Inc., No. 16-373, 582 U.S. ___ (2017) , the Court held that American Pipe tolling does not apply to the 3-year statute of repose for private damage claims under the Securities Act of 1933.  Thus, the filing of a class action complaint under Section 11 of the Securities Act of 1933 does not toll the three-year statute of repose for individual claims that may be brought by putative class members who later decide to opt out of a class-wide settlement. CalPERS arose out of two public securities offerings issued by Lehman Brothers Holdings in 2007 and 2008.  In September 2008, with Lehman in bankruptcy, a Section 11 class action was filed against Anz Securities and other underwriters to…

San Diego Authorities Ordered to Return $100,000 Seized from Medical Marijuana Distributor

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Earlier this month, Superior Court Judge Tamila E. Ipema issued a court order that the San Diego County District Attorney, Bonnie Dumanis, must return $100,000 of seized assets back to a medical marijuana businessman and his family. Over a year ago, DEA agents raided James Slatic’s business, but did not charge anyone with a crime. They used sledgehammers to break open the front door of Med-West Distribution, Slatic’s business that supplied a collective of medical pot shops with cannabis oils used for vaping as well as marijuana-laced edibles, topical creams, and other products. The agents seized all of the inventory, business records, and just over $324,000 in cash (a separate forfeiture proceeding for those funds is ongoing). A few days after the raid, the District Attorney’s office also froze Slatic’s personal bank account, along with the accounts of his wife and two stepdaughters, alleging that the money was illegal drug profits. They took $55,000…

Driving Under The Influence Of Marijuana In California

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WILL THE LEGALIZATION OF MARIJUANA INCREASE THE DANGER ON CALIFORNIA ROADS? Here’s the headline: “Legalizing Marijuana for Recreational Use Results in Increased Crashes.” So says the Insurance Institute for Highway Safety(IIHS). Based on a recent Highway Loss Data Institute (HLDI) study that studied crash data since 2014 in the first three states to legalize marijuana, Colorado, Oregon, and Washington, as compared to data in control states without legalized recreational marijuana, Idaho, Montana, Nevada, Utah and Wyoming. According to the study, the collision claim frequencies in Colorado, Oregon, and Washington are approximately three percent higher than would be indicated if the states had not legalized the recreational use of marijuana. Three percent does not sound like a lot but is still considered significant. Even though the study tried to account for variables such as weather, driver demographics, and so on, the astute reader might wonder how the study…

DOCTORS CHARGED WITH MURDER FOR PRESCRIBING OPIATES

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The opioid epidemic in this country couldn’t have happened without the doctors. Now, I am not saying all doctors are bad, I am just stating a fact. I am not imputing motivation, but I suspect money had something to do with the fact that some doctors found a good business model in pain relief. And, I am sure some doctors thought they were doing a good thing to prescribe opioids to their patients who were suffering from tremendous pain — after all, the pharmaceutical companies marketed the opioids as wonder drugs with negligible risk of addiction. But about ten years ago, the consequences of all these legal opioid prescriptions became tragically evident. This country is now struggling with an opioid crisis and overdose deaths are rising at rapid rates every year. What about those doctors who prescribe opioids at to patients that overdose and die? Is the doctor the proximate cause of a person’s death? While there have been numerous instances of doctors across the…

Robinson on Command Responsibility

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Darryl Robinson (Queen's University - Faculty of Law) has posted A Justification of Command Responsibility (Criminal Law Forum, Forthcoming) on SSRN. Here is the abstract: In this article, I advance a culpability-based justification for command responsibility. Command responsibility has attracted...

//blawgsearch75.rssing.com/chan-6519914/article25638-live.html

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US v. Perez-Silvan, No. 16-10177 (6-28-17)(O'Scannlain w/Christensen; Owens concurring). The 9th affirmed a +16 enhancement for a Tennessee conviction for agg assault. The 9th goes through the Tennessee statute and the mens rea required for recklessness, finding that there is a knowingly component. The 9th also looks at the divisibility.Owens, concurring, urges the Sentencing Commission to continue to simplify the guidelines, applauding the recent reworking of 2L1.2.  "I continue to urge the Commission to simplify the Guidelines to avoid the frequent sentencing adventures more complicated than reconstructing the Staff of Ra in the Map Room to locate the Well of the Souls. Cf. Almanza-Arenas v. Lynch, 815 F.3d 469, 482-83 (9th Cir. 2016)(en banc)(Owens, J., concurring); Raiders of the Lost Ark (Paramount Pictures 1981)(19).Kudos to Myrna Beards of Tucson for a spirited appeal.The decision is…

News Scan

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Uber Driver Rapes Unconscious Passenger:  An habitual felon has been charged with raping a passenger who fell unconscious as he was driving her home.  Richard Winton Richard of the Los Angeles Times reports that Alaric Spence has been arrested for the June 26 kidnapping and sexual assault of the 24-year-old passenger.  After the passenger passed out in the back seat, Spence, who has five felony drug priors, drove to a motel and was caught on security video carrying her into a room.  While California law forbids hiring drivers who have had a felony conviction within seven years, in 2014 California's Proposition 47 converted most drug and property felonies to misdemeanors.  Any recent convictions Spence may have gotten for stealing a gun or TV, or transporting less than $900 worth of drugs, would not have been reported to Uber.  Earlier this month an Uber driver in the Bay Area was arrested for sexual battery of a passenger.  In April…

Probation Violations: What Happens When You Break the Rules

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Probation is an alternative to going to jail or prison. Instead of being incarcerated, the person remains free for the amount of time they’re sentenced to probation. Typically, probation is ordered for one to three years, but sometimes longer. Texas two types of probation: straight probation and deferred adjudication. Have you violated an order of more > The post Probation Violations: What Happens When You Break the Rules appeared first on The Law Office of Matthew D. Sharp.
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