As Target Corp. is working feverishly to reassure customers in the wake of a massive security breach that compromised some 40 million credit and debit card accounts at the height of the holiday spending season, it's an appropriate time to discuss penalties for fraud.
Florida is routinely among the states with the most arrests and reports for both fraud and computer-related crime.
Our Daytona Beach defense attorneys know that while this level of breach was unprecedented, credit card fraud is a daily occurrence in Florida. Just as individuals have gotten increasingly creative in terms of how the schemes are carried out, Florida authorities have focused on enforcement and the consequences of conviction.
Per Florida Statute 817.61, fraudulent use of a credit card twice or more to rack up more than $100 worth of goods or services is a third-degree felony, punishable by up to five years in prison. (Less than $100 in charges over a six-month period is a first-degree misdemeanor, punishable by up to one year in jail.)
Florida Credit Card Fraud Arrests Spike
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Gray & Jones on Specialized Theft Statutes
David C. Gray and Chelsea M. Jones (University of Maryland-Francis King Carey School of Law and University of Maryland Francis King Carey School of Law) have posted In Defense of Specialized Theft Statutes (New England Law Review, Vol. 47, p....
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TN - Memphis Police Officer (Matthew Ashmore) Charged With Sexual Exploitation Of A Minor
Matthew AshmoreOriginal Article
12/27/2013
By George Brown
Memphis - A Memphis police officer has been charged with Sexual Exploitation of a Minor.
Memphis police received a complaint from a person who found a cell phone at a business Thursday.
Police say the person saw several images of children, “involved in sexual acts with unknown adult males.”
Memphis Police Department Internet Crimes Against Children investigators obtained a search warrant for the cellular phone and observed the...
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HI - Ex-Maui officer (Kristopher Galon) settles sex assault suit for $20K
Original Article
12/27/2013
By Jennifer Sinco Kelleher
A former Maui police officer who pleaded guilty to sexually assaulting a woman in 2008 has agreed to pay her $20,000 to settle a civil lawsuit.
Kristopher Galon told a magistrate judge in federal court today that he will mail a certified or cashier's check to Cades Schutte LLP, the Honolulu law firm representing the woman.
According to a plea agreement in Galon's criminal case, he picked the woman up in his police car after she was...
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Federal Judge Finds NSA Surveillance Legal
Yin and Yang. Last week, federal Judge Richard J. Leon in Washington ruled the NSA's collection of mass telephone metadata was “almost Orwellian” and probably unconstitutional."
Today, Judge William H. Pauley III in New York rules...
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GREATEST AMERICAN NOVELS
Here we go with our list of the greatest American Novels. This is a herculean task, and when you do a top ten list in this category, it's almost impossible to not leave off a worthy tome. 10. The Old Man and the Sea. Hemingway. A top ten list without Hemingway? Well, actually, conceivably yes. This is his only story we have been able to make it through. Personally, while we admire Hemingway, we just don't like his writing style. But this novel, especially for our locale, resonates. It's a complete little story. Extremely well done. By a great American Novelist. Honourable mention: John Updike and John Irving. Great American novelists. They have novels that easily make the top twenty five. But they can't squeak into the top ten. Also honourable mention: Remains of the Day and 100 Years Of solitude. Two of our our all time favourite novels. Kazuo Ishiguro and Gabriel Garcia Marquez are incomparably great writers. They are giants in the field of fiction. As are Vladimir Nabakov (Lolita) and E.M Forester (A Passage to India, Howard's End). Powerful novels. Spectacular. Life changing. But this is a list of Great American Novels by American authors, so thankfully they don't have to fight to make the list. Sneak Preview: Ulysses, James Joyce. The greatest novel of all time, or un-readable babble? Site Feed
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Fascinating lead-crime-rate forecast that incarceration levels will decline significantly in coming years
Regular readers know I am very intrigued by (but still at least a bit skeptical concerning) the social science research that suggest that lead exposure level better account for variations in violent crime rates than any other single variable. Consequently,...
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CA3: TSA officers get QI for detaining American with Arabic flash cards including "bomb" and "to kill"
TSA officials get qualified immunity for detaining an American at Philadelphia airport after his security screening revealed Arabic language flash cards that included "bomb," "terrorist," "explosion," "an attack," "battle," "to kill," "to target," "to kidnap," and "to wound." They couldn’t be expected to turn a blind eye to that. The security screening also included him being taken away in handcuffs and questioned for four hours. This case, however, is at the outer boundary of the Fourth Amendment and qualified immunity. George v. Rehiel, 2013 U.S. App. LEXIS 25604 (3d Cir. December 24, 2013):
=> Read more!
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CA - One in four GPS devices on criminals in L.A. County were faulty
Original Article
12/27/2013
By Paige St. John
Probation department audit says violent felons released in L.A. County could roam undetected for days and sometimes weeks.
One in every four GPS devices used to track serious criminals released in Los Angeles County has proved to be faulty, according to a probation department audit — allowing violent felons to roam undetected for days or, in some cases, weeks.
The problems included batteries that wouldn't hold a charge and defective electronics...
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CA4: A sales receipt found in a search was “indicia of occupancy” under SW
A mall jewelry store was robbed and watches worth $275,000 were stolen. Two men were arrested, and a third got away. Information was later developed on defendant, and a search warrant was obtained for his house which included “indicia of occupancy.” A bag was looked in and it had a cash sales receipt for a Louis Vuitton belt for $461 for the day after the robbery in the name of an alias defendant used. “The fact that the warrant does not explicitly mention receipts is not determinative: ‘law enforcement officers may seize an item pursuant to a warrant even if the warrant does not expressly mention and painstakingly describe it.’” United States v. Dargan, 2013 U.S. App. LEXIS 25613 (4th Cir. December 24, 2013).
In the trial court, defendant argued lack of consent. On appeal he argued that the probation officer lacked authority. That’s changing the argument. State v. Howard, 2013-Ohio-5691, 2013 Ohio App. LEXIS 5951 (5th Dist. December 6, 2013).*
“[A] request for consent to search a container is not itself an interrogation, Detective Cavaletti did not violate the Fifth Amendment when he asked Defendant for consent to search the cameras and the black box.” Further questioning about the box was interrogation. State v. Beasley, 2013 Mo. App. LEXIS 1540 (Mo. App. December 24, 2013).*
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NC - Brian’s Story - December, 2013
The following was sent to us via the USER STORY form and posted with the users permission.
By Stella:
Is this a well thought out plan to destroy someone who bravely comes forth exposing corruption? This is our true story. What do you think? He had many obstacles in his path but just like David versus Goliath the giant, he continued to fight for American’s freedom. He had autism and brittle diabetes but his strength of defining right from wrong made him push forward to inform other Americans...
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CA9: Gov't failed to prove necessity of impoundment of vehicle leading to inventory
The government failed to support inventory after impoundment by showing it was even necessary. All the record shows is the street names in Los Angeles where the vehicle was stopped, and including Google street maps in the brief is rejected as a method of supplementing the record on appeal. Because of the district court's prejudicial comments about the suppression issue at the hearing, the case is remanded and will be reassigned to another judge for a new suppression hearing. United States v. Burgos, 2013 U.S. App. LEXIS 25558 (9th Cir. December 23, 2013):
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AR - Woman sexually assaulted after government database reveals her home address to cop (Jamison Stiles)
Jamison StilesOriginal Article
And people from the public continue to use the online sex offender registry (hit-list) to hunt down, harass and/or murder ex-sex offenders and their families. We wonder how many females who are on the list have been targeted as well, harassed, beaten or sexually abused?
FAYETTEVILLE - The U.S. government insists that it gathers our personal information for the purpose of “safety.”
But a woman recently experienced the opposite of “safety” after she was sexually...
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FL3: Anonymous tip good enough for search for gun at school
Anonymous tip of possession of a gun at school was sufficient under T.L.O. for search of a book bag in school. A loaded gun was found. K.P. v. State, 2013 Fla. App. LEXIS 20333 (Fla. 3d DCA December 26, 2013):
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Folter mit Weihnachtsmusik rund um die Uhr
Wenn dieser Tage dreimal täglich „Last Christmas“ von Wham! im Radio gedudelt wurde, bleibt uns die Möglichkeit, das Radio abzuschalten. Nicht so als Gefängnisinsasse, wenn rund um die Uhr – Tag und Nacht – die Zellen mit Weihnachtsmusik beschallt werden. So geschehen dieses Jahr (und ebenso in den letzten) im Maricopa County Gefängnis im US-Bundesstaat […]Original: Folter mit Weihnachtsmusik rund um die Uhr
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New Year's Partiers Can Avoid DUIs
In Birmingham, Alabama, nationwide, and throughout the world, drinkers and partiers will be ringing in the New Year with celebrations. For many folks, this means champagne, wine, and a host of other alcoholic beverages. While you may be looking forward to letting loose, remember to be wary of DUI checkpoints and other operations to catch drunk drivers this New Year’s eve and into the morning of January 1st.
When making plans for New Year’s, consider ways to avoid drunk driving charges and always remember that you do have rights in the event of an arrest. Our Birmingham drunk driving attorneys are experienced with protecting the rights of citizens who have been accused or arrested for drunk driving. We are committed to raising awareness about drunk driving law, deterring drunk driving during the holiday season and protecting the rights of individuals who have been charged.
We wish you a Happy New Year. Here are some tips to help you and your loved ones avoid drunk driving and charges this holiday season:
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So you’ve been shot by the Dallas Police and you want to sue?
19-year-old shot by Dallas police officer sues in federal court for ‘a very large sum of money’ | Dallas Morning News. DMN reports on a very quickly filed lawsuit following yet another DPD shooting. I wonder if the new 72 hour rule for DPD officers will play a role in this case? I get contacted […]
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California Woman Convicted in $9.5 Million Ponzi Scheme
A federal jury convicted a California woman of operating a massive Ponzi scheme that defrauded hundreds of investors out of nearly $10 million. Bich Quyen Nguyen, 59, was convicted of a single count of conspiring to commit wire fraud, which carries a maximum twenty-year prison sentence. Following the jury's verdict, Nguyen was ordered into custody until her sentencing, which is scheduled for March 13, 2014.
Nguyen told potential investors that she was the chief executive officer of a Swedish credit union that offered guaranteed returns as high as 46.2% through 1-year certificates of deposit. These outsized returns were possible, according to Nguyen, from purported high-frequency and high-velocity trading. In addition to Nguyen's promise that returns were guaranteed, investors were assured that Nguyen had "prepared" for the financial crisis and that their funds were safe in "blocked" accounts. To meet Nguyen's minimum investment requirement of $1 million, victims were urged to form investment clubs in order to pool their funds together. In total, Nguyen raised millions of dollars from investors.
However, following an investigation by the Securities and Exchange Commission that found that investor funds were commingled and not used as promised, a federal judge issued an injunction preventing Nguyen and her associates from soliciting investors. Further investigation showed that Nguyen was running a classic Ponzi scheme, using incoming investor funds to make Ponzi-style payments to existing investors.
Another of Nguyen's associates, Johnny Edward Johnson, 70, subsequently pleaded guilty to conspiracy to commit wire fraud and is scheduled to be sentenced on March 28, 2014.
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DRIVING WITH A HANGOVER: AS DANGEROUS AS DRIVING DRUNK?
Everyone knows that driving under the influence of alcohol is dangerous. It impairs our vision, increases our reaction time, and makes it challenging to estimate the distance between us and other drivers or objects on the road. Few people, however, consider the danger of driving under the influence of a hangover the day after a night of heavy drinking. Most people think, 'the alcohol level in my blood is lower than the legal limit, so it is safe to drive'. Think again. Two recent studies have shown that driving with a hangover is nearly as dangerous as driving under the influence of alcohol.
Two separate research teams, one at the University of the West of England, and one at the Utrecht University (Netherlands), conducted studies to determine how operating a vehicle with a hangover affects our driving skills.
For the English study, participants drank to excess the night before, then drive on a closed course for 20 minutes. Researchers made sure that the course had both rural and urban settings and the road simulation test included a number of common driving hazards. The goal of these driving obstacles was to simulate the environment that drivers may encounter during their morning commute.
According to the researchers, hung over drivers displayed significant increases in shifting driving positions, driver errors, slowed reaction times, and speed variations. The study concluded that, while the alcohol may have cleared out of the driver's system, the driver is still prone to making some of the same mistakes that someone would make under the influence of alcohol.
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George Will laments "mandatory minimums as sledgehammers"
This past week, Washington Post columnist George Will made heavy use of recent opinions by Judge John Gleeson to join the chorus of commentators lamenting federal mandatory minimum sentencing statutes. Here are the closing paragraphs from this commentary, headlined "The...
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