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California Loan Broker Indicted for Wire Fraud

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Mortgage Fraud Blog. Hooshang Noori, a loan broker who operated Finance for Americans, Corp, doing business as Pacific Realty, Lake Forest, California, was indicted on one count of wire fraud in the Central District of California. According to the indictment, Noori submitted loan applications to Lone Oak Fund LLC, on behalf of his purported client M.G. and M.G.’s […] The post California Loan Broker Indicted for Wire Fraud appeared first on Mortgage Fraud Blog.

New Jersey DWI Charge When Not Driving

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If you or someone you love has been charged with a DWI, you must not delay in reaching out to a skilled New Jersey DWI attorney who can protect your rights. With years of experience, we will thoroughly examine the facts of your case and determine a legal strategy accordingly. These cases are complex, and having the right attorney on your side can make all of the difference in your case. The offense of driving while intoxicated (DWI) in New Jersey consists of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. Commercial drivers are legally intoxicated if their BAC is 0.04 percent or higher. Drivers under the age of 21 will be considered to be legally impaired if their BAC is 0.02 percent or higher. Thus, the legal limit varies depending on the type of driver you are. There is a misconception among motorists that police must witness the defendant driving a motor vehicle in order to be convicted for a DWI, but this is actually not the…

MN Supreme Court – You Don’t Have To Take To Steal

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What constitutes stealing in Minnesota? When it comes to shoplifting, you aren’t legally considered a shoplifter until you leave the store with the unpaid merchandise, so slipping something into your purse while you’re shopping isn’t considered stealing. However, the Minnesota Supreme Court recently ruled that the same laws don’t apply to motor vehicles. Yesterday, the Minnesota Supreme Court reversed the decision of two lower courts which had previously ruled that a person needs to physically move a car in order for it to be considered car theft. The state’s top court ruled that car theft still occurs even if the perpetrator never actually takes the car anywhere. Odd Car Theft Case Here’s a breakdown of the case in question. Back in December of 2014, a Worthington man left his car idling in his driveway in order to let it warm up on a cold winter morning. While it was idling, the man witnessed Somsalao Thonesavanh jump in his vehicle. The…

Safety Tips for Dealing With Angry, Aggressive Drivers

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We have all encountered angry, aggressive drivers, honking their horn and tailgating others in the midst of traffic. In some situations, that may even be us. Aggressive driving is a common problem on roads through San Jose and across the U.S., and it is also a leading contributing factor in car accidents and injuries. To protect yourself, it is important to be aware of the potential dangers, as well as steps you can take to keep cool yourself when behind the wheel. Car Accidents Due to Aggressive Driving The Insurance Information Institute (III) states that while situations involving road rage make headlines, such as when one driver pulls a gun or crashes into another, aggressive driving is far more common and dangerous. It is a leading contributing factor in more than half of all fatal car accidents throughout the country, responsible for close to 20,000 motor vehicle deaths each year. Common types of aggressive driving behaviors include: Speeding and going too fast…

Police Chases Kill Thousands of Bystanders

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We often read about police chases that escalate and end up in accidents that cause serious injuries and even deaths. What is less well known is the grim toll bystanders or people who were in the wrong place at the wrong time pay for these police pursuits. An article in USA Today in 2015 revealed more than 5,000 bystanders and passengers lost their lives in police car chases from 1979 to 2013. Police chases kill thousands of bystanders Other media outlets pointed out the death toll from police chases is considerably higher than that of floods and tornadoes in the United States. While the death toll has hit four figures, the number of bystanders seriously injured has risen into tens of thousands. Often these police chases occur at high speeds. There is little time for other motorists, pedestrians or cyclists to react to get out of the way. The USA Today report suggested many of these chases occurred as officers pursued people wanted for minor traffic infractions. Most bystanders…

Appleman on Local Democracy, Community Adjudication, and Criminal Justice

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Laura I Appleman (Willamette University College of Law) has posted Local Democracy, Community Adjudication, and Criminal Justice (Northwestern University Law Review, Vol. 111, No. 6, 2017) on SSRN. Here is the abstract: Many of our criminal justice woes can be...

The USA is in the same category as ... ?

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Yesterday I posted a comment, the 16th, to Bill's August 30 post "Is the United States Isolated in Using the Death Penalty?"  Knowing that comment threads have diminishing audiences, I thought I would copy it as a post:In death penalty debates, the anti side regularly asserts that having the death penalty places the United States in the same category with despotic regimes. Nonsense. Any rational system of classification begins with the most important distinctions at the top, separating the major categories. Biological classification, for example, begins with separating plants from animals, only later gets down to separating felines from canines, and later still separates dogs from wolves. If you wanted to classify countries by their legal systems, you would begin with such major distinctions as (1) providing due process of law, (2) not criminalizing political dissent, free exercise of religion, etc., and (3) democratic adoption of the governing…

Sentencing Enhancement for Proximity to School Bus Stop in Washington Drug Case

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Drug possession, manufacture, or sale that occurs in certain public places carries enhanced penalties under Washington law. Prison time or fines may be as much as double as what is otherwise allowed. Under RCW 69.50.435, locations that can result in sentencing enhancements include schools, school buses, public parks, certain public housing projects, public transit vehicles and public transit vehicle stop shelters, and certain civic centers and the surrounding areas.  Seattle drug crime attorneys understand the importance of location in drug cases.  Additionally, the statute allows for an enhancement if the offense occurs within a specified distance from school grounds or a school bus route stop. A defendant recently challenged a jury’s verdict related to an enhancement.  He argued the state had not sufficiently proved that the location fell within the statutory definition for the enhancement. A police officer found methamphetamine and paraphernalia in the…

A Reliable Test for Marijuana Related DWI is Unlikely

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NPR and the Wall Street Journal are some of the many news agencies featuring op-ed articles on the problem states and even countries are facing with impaired driving as it relates to marijuana.  Although marijuana is still illegal in Texas at any level, just what constitutes whether or not an individual is impaired, and at what point is the person charged with driving while intoxicated?  These are tough questions but as more states are legalizing cannabis in one form or another it is a problem that needs to be solved and yet may never happen. In Texas, we have the legal level for alcohol set at a 0.08 BAC.  So, what’s the problem with weed?  Unlike alcohol, drugs like THC do not have a relationship between the levels of the drug in the tissues and what is considered impairment.  To make matters worse, the method of ingestion can also vary the level of impairment.  Our bodies process marijuana differently when we smoke the marijuana versus…

Blue Sky Laws: A Hidden Danger to Criminal Prosecution

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One form of criminal prosecution that has been on the rise throughout the state of Michigan has to do with the famed “Blue Sky Laws” which has consistently presented issues in the white collar sect of criminal prosecution. While the laws were put into place to protect investors, the application of the laws have led to a tremendous amount of confusion. The leader in criminal defense in the State of Michigan is Scott Grabel of Grabel and Associates. One of the ways that Grabel has earned his reputation is through the defense of “White Collar” crimes. Grabel, along with other leaders in the field provided insight on the matter. Let’s build an understanding of the law and then explore the practical application of the statutes in place. To begin, there are federal requirements to the law. Securities are subject to state registration requirements under state securities laws. In our state we have several registration exemptions for offerings to a limited…

Reilly on Corporate Deferred Prosecution

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Peter R. Reilly (Texas A&M University School of Law) has posted Corporate Deferred Prosecution as Discretionary Injustice (Utah Law Review, Vol. 2017, No. 5, 2017) on SSRN. Here is the abstract: A recent federal appellate court ruling of first impression...

Polk County, Florida Sheriff Grady Judd Exploits Hurricane Irma

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America has known its fair share of dirty, corrupt, and violent sheriffs, e.g., former Athens County, Ohio Sheriff Pat Kelly; former Maricopa County, Arizona Sheriff Joe Arpaio; former Milwaukee County Sheriff David Clarke; and former Hidalgo County, Texas Sheriff Lupe Trevino. All of these top cops were forced from office by criminal prosecution, voter disgust, and/or resignation. They cheated the communities they were elected to serve and protect, and routinely abused the presumed innocent jail inmates under their supervision.   All these bad cops are gone but there are more out there on the law enforcement landscape, like Polk County, Florida Sheriff Grady Judd. Since his election in 2004, Sheriff Judd has stirred his fair share of controversies:   In 2006, he and his deputies pumped 68 bullets into a suspected cop killer (and would have shot him more but Judd said “that’s all the bullets we had”) In 2012, the sheriff was sued for his mistreatment…

Police Warn of Gang Related Round Rock Crime Spree

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Crime in Round Rock makes fewer headlines than in larger cities like San Antonio and Austin. However, recent reports linked gang activity to a Round Rock crime spree. A report on the TV station KXAN alluded to evidence that was recovered from the scene of a 7-Eleven Robbery in Round Rock on May. Police said on the same morning as the robbery a teen allegedly murdered a man in the parking lot of an apartment complex in Pflugerville. The report said police in Pflugerville linked Robert Joseph Uribe to the killing of Jose Avidan Martinez, a 20-year-old who was discovered with a gunshot wound in the Place Apartments. Uribe was arrested and incarcerated in the Williamson County Jail on a $1 million bond. He is also said to have fired shots into the 7-Eleven store. KXAN reported nobody was injured. Witnesses told police he met the victim Martinez on the same morning as the killing took place. No reason was given for the alleged meeting. Round Rock crime spree sparks concern…

ICOs Facing an Uncertain Future

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This week, in a joint statement issued by the People’s Bank of China, the securities and banking regulators, and other government agencies, the Chinese government declared that initial coin offerings (ICOs) constitute “illegal open financing behavior” and immediately froze all ICO activity.  The joint statement explained that the tokens issued in ICOs do not have legal and monetary properties, do not have the legal status equivalent to money, and cannot be circulated as a currency in market use. Moreover, the Chinese government also ordered that companies should repatriate all funds received from past ICOs to investors, and the companies were further warned that the relevant investigative agencies would ensure compliance. Interestingly, the joint statement did not specify the method of repatriation. This raises a thorny issue of how to refund investors that paid in other virtual currencies (e.g. Bitcoin) for their tokens because the refund transaction in…

Some Computer Searches May be Unconstitutional

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In today’s electronic world, law enforcement officials investigating crimes often seek warrants to search and seize electronic devices that they believe contain incriminating evidence. However, people also store highly personal… read more → The post Some Computer Searches May be Unconstitutional appeared first on Pate & Johnson Law Firm.

Sheriff Promises Arrests for Outstanding Warrants at Hurricane Shelter

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While monster Hurricane Irma threatens the Florida peninsula after battering the Bahamas, Floridians everywhere are making plans either to evacuate or hunker down. Those who choose to stay (or are unable to leave) may have only one option from this Category 5 behemoth – a designated shelter.  As our criminal defense lawyers in Fort Lauderdale understand it, one Florida sheriff has made the controversial decision to announce deputies would be checking IDs at the door, and not only would sexual offenders be denied access, but anyone with a warrant would be arrested on site. The Polk County Sheriff announced days ahead of the storm that anyone who shows up at a hurricane shelter with an active warrant will be “escorted to the safe and secure shelter called Polk County Jail.” It should be noted the deputies have no way of knowing the underlying purpose of the warrant – whether it’s a violent felony offense or a non-violent misdemeanor.  The…

$41.7 Million Tick Bite

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Cara Munn was 15 years old when she was paralyzed by a tick bite in China and contracted tick-borne encephalitis on a trip set up through her private boarding school in Lakeville, Connecticut. The state's highest court has decided to uphold the $41.7 million damages awarded to her.Munn claimed that the director of international programs failed to inform the students that the U.S. Center for Disease Control had issued a warning to protect against the disease in forested area of northeastern China, where the students were going to travel. She and other students got lost in the woods going down Mount Panjan and were bitten by insects. Their teachers and chaperones were not with them because they took the cable car down the mountain. Ten days later, Munn was partially paralyzed and semi-comatose. Her symptoms improved, but she is unable to speak, type, or control her facial muscles. Her brain function is also compromised. She did manage to finish high school and enroll in…

News Scan

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Illegal Immigrant Arrested for VA Murder:  A Salvadorian national has been arrested in Georgia for the a gang-related murder in Virginia last month.  Megan Cloherty of WTOP reports that Hector Amaya-Gamez was arrested last Friday for his direct involvement in the August 22 murder of Miguel Angel Ruiz Carrillo in Nokesville, VA.  Amaya-Gomez is believed to be a member of the brutal MS-13 gang and is in the U.S. illegally.  He has been charged with first-degree murder and is awaiting extradition to Virginia for trial and sentencing.   Manson Follower Granted Parole:   A panel of California Parole Board has voted to grant parole for Leslie Van Houten, a former follower of Charles Manson, convicted of murder more than 40 years ago.  John Rogers of the Associated Press reports that Van Houten was the youngest of the Manson cult that participated in the 1969 Tate-La Bianca murders in Southern California.  While she did not participate…

Sex Offenders in Emergency Shelters

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With Hurricane Harvey fresh in our minds, Hurricane Irma is bearing down on Florida. The storm could work its way up the coast to the Carolinas by early next week, possibly following a path similar to last year’s Hurricane Matthew or Hurricane Hugo in 1989. Governor Cooper has declared a state of emergency for all 100 counties, ordering state and local government entities to be prepared and temporarily suspending certain motor vehicle restrictions. A question that sometimes arises when the government sets up emergency shelters is whether registered sex offenders may use them. The sheriff of Polk County, Florida, tweeted yesterday that registrants would not be allowed in shelters there. What is the law in North Carolina? Some states have specific rules about sex offenders in emergency shelters. Louisiana, for example, has a law stating that sex offenders may not knowingly be housed or sheltered in the same area with other evacuees, and that any person who becomes aware of…

DIANA ROSS MERY HURSE (Huirse) TORRES, el DNI y LOS REGISTROS PÚBLICOS

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El jueves –como hoy- de la semana que pasó tuve que salir de casa a las seis de la mañana (vivo en Cieneguilla) para poder llegar, dos horas con quince minutos después a los Registros Públicos y de ahí realizar otras gestiones en el Archivo General de la Nación y en un par de Notarías. Permítanme dejar sentadas por lo menos dos premisas: Ø  Una de las mejores instituciones – a mi juicio y por experiencia propia- del País son los Registros Públicos desde el punto de vista de la información que brindan. Ø  Ninguna institución puede asumir las consecuencias de los olvidos de sus usuarios, particularmente del DNI cuando este resulta INDISPENSABLE para certificar la identidad de quién hace uso de los servicios que brinda cualquier  institución estatal, salvo que el usuario se esté muriendo y aun así no lo atiendan como ya…
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