In December of last year, we wrote about the murder of 71-year-old David Maurer, an Ann Arbor man living in a senior community who had been robbed and was found dead inside his apartment. Now, one of the three defendants in the case has pleaded guilty to second-degree murder. Mark Paling, a 19-year-old resident of […]
19-year-old Accused of November 2013 Murder of 71-year-old Ann Arbor Man Pleads Guilty to Second-Degree Murder
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Could Oklahoma ruling declaring drug secrecy unconstitutional impact execution plans nationwide?
The question in the title of this post is prompted by this new Reuters article, headlined "U.S. executions set for possible delay after Oklahoma court decision." Here are excerpts: An Oklahoma judge ruled on Wednesday the state's secrecy on its...
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New Illinois law makes speeding 26 mph over the limit a crime
Illinois tollway drivers are finding out that state laws on speeding aren’t what they used to be. Drivers used to have to worry about misdemeanor charges only when speeding more than 30 MPH over the limit. But under a new law in 2014, a motorist can get a misdemeanor driving even slower than that. The […]
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Time Running Out for Man Sentenced to Death in Iraq
Osama Jamal Abdallah Mahdi, a 32-year-old father of two, has now spent more than two years on death row in Iraq for a crime he says he didn't commit.
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9 Alarm fire in Back Bay brownstone in Boston claims two firefighter's lives
Lieut. Edward Walsh and firefighter Michael Kennedy were killed battling a large fire which started in the basement of a brownstone and spread quickly to the upper levels of the building.
The fire is still being investigated and cause at this time remains unknown. A large explosion occurred as the fire grew and high winds accelerated the spread of fire.
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Jersey Drunk Driving Update: Odd Driver Behavior is a Red Flag for Police
Just like everyone else, police officers are human. And while patrolmen do have many special skills, as well as years of training in criminology and law enforcement, they are not psychics; however, they do know what to look for when it comes to human behavior on Garden State roadways. As DWI defense lawyers, the attorneys at my firm meet a near constant stream of people who have been charged with traffic infractions and other offenses. On the whole, few of these individuals ever expected to be awaiting a court date to determine whether or not they will be convicted of drinking and driving.
What most people do not realize -- at least not until it is too late -- is that local and state patrolmen have a keen eye for the telltale hints that a motorist may not be paying complete attention to the job of driving. Whether that sign is a poorly executed turn, driving noticeably below the posted speed limit or drifting repeatedly outside of one's lane, a seasoned officer can probably anticipate the outcome of many a routine traffic stop. Unfortunately for most drivers, what is a routine occurrence for a cop is hardly a typical experience for the average person.
There are a variety of strange activities and odd behaviors on the road that can garner a police officer's immediate attention and, in the process, get a driver in very hot water. Especially if an individual has had a drink or two prior to the traffic stop, which might leave the odor of alcohol on the driver's breath, there is a strong chance that the officer is going to suspect some kind of intoxication, at least initially. But, once again, it can often be some minor driving mistake that betrays a motorist and triggers a roadside police stop.
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SEC Alleges "Cloud Computing" Company Was $65 Million Pyramid, Ponzi Scheme
The Securities and Exchange Commission ("Commission") announced that it had initiated an emergency enforcement action and obtained an asset freeze against a California company that purportedly specialized in cloud computing but was, according to the Commission, a massive Pyramid and Ponzi scheme that targeted members of the Asian and Latino community. Defendants World Capital Market Inc., WCM 777 Inc., WCM777 Ltd. d/b/a WCM777 Enterprises, Inc. (the 'WCM Entities"), and Phil Ming Xu were charged with multiple violations of federal securities laws in a complaint filed yesterday and unsealed today in a California district court. The Commission is seeking injunctive relief, disgorgement of ill-gotten gains, and civil monetary penalties. In addition, the Commission is seeking appointment of a Receiver over the WCm Entities.
According to the Commission, Xu formed the WCM Entities in March 2012, identifying himself as the founder, chairman, and president in documents distributed to investors. WCM was described as a "global merchant investment bank," and represented that it was in partnership with over 700 investment organizations including Siemens, Denny's, and Goldman Sachs. WCM777 Inc. was a wholly-owned subsidiary of WCM, opening and maintaining bank accounts in the name of WCM777.
Beginning in March 2013, the WCM Entities began soliciting investors to purchase purported service packages and membership units in various cloud-based computing services. In addition to computing services, each "package" offered investors returns in the form of cash and "points." Investors could earn cash and "points" through referring new members, and were then able to redeem the "points" by either exchanging the "points" for goods and services offered by the WCM Entities or by converting the "points" into equity for the upcoming initial public offering of various companies the WCM Entities planned to bring public, including WCM7.com.
Investors purchasing cloud-based computing packages were given the choice of five different membership levels, which in turn allowed members to purchase even more "World Cloud Media Products." Each of the five service packages promised investors returns of at least 100% in 100 days, with the fifth, or highest, level promising returns of 160% within 100 days. The various levels carried descriptions ranging from "junior distributor" to "director." In order to keep the scheme going and to control the possibility of massive cash withdrawals, investors were encouraged to accumulate point balances, with Defendant Xu allegedly posting on WCM777's online forum that those who took cash withdrawals were required to pay income tax in their respective countries.
To reassure potential investors, the WCM Entities featured a section on their website that included the question whether "WCM777 is a Ponzi game," responding that "we are not a Ponzi game company. We are creating a new business model."T
The WCM Entities have increasingly been the subject of state securities regulators for engaging in unregistered securities offerings, and have since consented to orders in California and Colorado relating to these offerings. Additionally, according to the Commission, the WCM Entities had no source of revenues other than money received from new investors through the sale of service packages. Thus, the success of the WCM Entities depended almost entirely on the recruitment of new investors to sustain operations - which inevitably will lead to the situation where incoming funds dry up and existing obligations will dwarf cash on hand. According to the Commission,the WCM Entities operated a classic Pyramid scheme that had no source of revenue other than soliciting new investors. Additionally, the WCM Entities made Ponzi-style payments to investors by using investor funds as the source of over $4 million of payments of purported "returns" to investors.
Nor did the WCM Entities have the purported extensive connections with numerous multi-national companies. For example, despite claiming to have a partnership with well known companies including Denny's, Goldman Sachs, and Siemens, the WCM Entities did not have any relationship with any of the entities, and in several cases were using the respective company's logo without permission.
Defendants raised more than $65 million from investors worldwide, including nearly $30 million from investors in the United States. However, rather than being used for cloud-based services, investor funds were used for a variety of unauthorized purposes, including (i) the purchase of nearly $14 million in real estate in the United States, including two golf courses; (ii) "playing" the stock market; (iii) various unrelated investments in an oil and gas company and a rough diamond merchant.
According to Patrickpretty.com, a Twitter account belonging to Xu contained an entry on March 14, 2014, that an employee known as "Liu," or "Tiger," had taken more than $30 million in "ecash." The veracity of that claim remains unknown.
A copy of the Commission's complaint is below:
comp-pr2014-60
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Why Rape Is Sincerely Hilarious
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Former Prosecutor Due For Release After Serving Four Years For $45 Million Ponzi Scheme
A former prosecutor and part-time magistrate judge who encouraged his investors to call him "judge" is scheduled to be released next week after serving over four years in federal prison for a massive Ponzi scheme that raised more than $45 million from nearly 10,000 victims. Bryant E. "Bry" Behrmann, 67, is set to be released from a halfway house after being sentenced to a six-year term in September 2009.
Behrmann, along with business partner Larry "Buck Hunter," operated Global Online Direct ("GID"), which held itself out to investors as a buyer of distressed inventory. GID told investors that, through its "Secured Profit Inventory Program," it could promise the payment of daily interest rates of as much as 1.00% through the "Big Dawgs Club." These returns translated into annual returns ranging from 65% to 1,800%, which were purportedly made possible through the purchase and subsequent resale of excess inventory at flea markets, retail storefronts, and online actions such as eBay and Yahoo. Investors were recruited primarily through the internet, and were advised of Behrmann's previous background as a county prosecutor and later part-time magistrate judge as a sign of the scheme's legitimacy. In total, approximately 9,400 investors entrusted nearly $46 million with the men.
However, investors were not told that Behrmann's law license was suspended in 1999 after the Idaho Supreme Court found that he had engaged in "conduct involving dishonesty, fraud, deceit or misrepresentation." Civil and criminal authorities soon alleged that GID was nothing more than a Ponzi scheme that used incoming investor funds to pay returns to existing investors. After several states issued cease and desist orders, Hunter and Behrmann were charged with securities fraud in 2007, and GID was subsequently placed in receivership. Hunter and Behrmann later pleaded guilty to money laundering charges resulting from the purchase of personal homes for their family members using shceme funds, and in September 2009 were handed down six-year prison sentences.
According to the Idaho Stateman, Hunter is scheduled to be released from a halfway house in June.
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Sealing Records in Las Vegas
How to Seal Your Criminal Record in Las Vegas During this tough economic climate, having a criminal record may prevent you from obtaining employment, being approved for a loan, or even leasing an apartment. This is true even if the crime was a minor offense that happened years ago. A criminal record will follow and […]
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A Poor Choice of Dirty Old Words
After the internet came down like a load of bricks on my senior Judge buddy, Rich Kopf, an amazing duality emerged. He used the phrase “dirty old man” to describe himself, and it became a litmus test of generational understanding. This became clear when two of the WaPo Conspirators, Nita Farahanny and the Chief Conspirator himself, […]
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WA: Gang colors in fleeing car was RS for a stop after a gang shooting
After a gang shooting call between two rival gangs with only a color and size of a car, the officer saw a likely candidate on a lightly traveled street heading away from the scene, the driver wearing a hat in the colors of one gang. That was reasonable suspicion for at least a stop. State v. Duncan, 2014 Wash. App. LEXIS 706 (March 25, 2014).
Pacing a car at 33 in a 25 zone may not be ideal, but it’s enough for a stop. State v. Querry, 2014 Iowa App. LEXIS 260 (March 26, 2014).*
The trial judge’s finding defendant couldn’t drive fully on the right side of the road because it was gravel was not clearly erroneous. State v. Keck, 2014 Ind. LEXIS 252 (March 25, 2014).*
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Why Sterling Candlesticks?
This post has absolutely nothing to do with law, police, courts or décolletage. If that’s your only interest here, run away. Fly like the wind. There’s nothing here for you. The wedding of the son of a dear friend of Dr. SJ and I is coming, and so I set out to find our wedding gift […]
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OH1: CI's tip justified protective frisk for gun
The stop was justified, and officers had a CI that said defendant kept a gun in the car. That was enough for a protective frisk. The weapon here was found before a search incident or a search under the automobile exception, but it’s still valid. State v. Jones, 2014-Ohio-1201, 2014 Ohio App. LEXIS 1104 (1st Dist. March 26, 2014).*
Defendant was validly stopped for a lane change violation and a “large firearm” was in plain view on the rear floorboard. State v. Williams, 2014 La. App. LEXIS 819 (La. App. 5 Cir. March 26, 2014).*
Appellant’s property had been unoccupied since 1995, and city inspectors went on the property to take pictures before bringing a nuisance action. He didn’t object at trial, so he couldn’t raise it on appeal. Jumonville v. City of Kenner, 2014 La. App. LEXIS 816 (La. App. 5 Cir. March 26, 2014).*
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CA11: Warrantless cell phone search was harmless based on all the wiretap evidence linking def to Mexican meth cartel
In a Mexican cartel case backed up by wiretaps, defendant was arrested at home with only an arrest warrant. When he was getting dressed to leave for jail, his pants were searched and a set of keys were removed and taken by police. He asked about his cell phones, and the police took them. In light of the evidence of guilt, the seizure of the cell phones and later search was harmless error. United States v. Moreno, 2014 U.S. App. LEXIS 5625 (11th Cir. March 27, 2014).
Defendant was stopped with another for riding their bicycles backwards and forwards in the center of the street after a police car turned the corner and almost ran into them. Officers were just going to talk to them, not arrest them. “The defendant approached the officers and said, ‘Do you want to talk to me? This is all I have.’ At that point, the defendant opened his hand and showed the officers two pills. The officers stated that the pills appeared to be Xanax.” The arrest was valid. State v. Everett, 2014 La. App. LEXIS 834 (La.App. 4 Cir. March 26, 2014).*
The parole officers had reasonable suspicion for a search. United States v. Kyle, 2014 U.S. App. LEXIS 5698 (9th Cir. March 27, 2014).*
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TX1: Standing in a flowerbed to look in kitchen window violated curtilage
Officers entry onto the curtilage to stand in a flowerbed and look in a window was an unreasonable search. Even assuming some such entries are permissible along the sidewalk from the street, this was away from the path, and it was clearly curtilage. The court relies on Jardines. Sayers v. State, 2014 Tex. App. LEXIS 3351 (Tex. App. – Houston (1st Dist.) March 27, 2014):
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GA: Officer’s request to roll up sleeves so he could look at arms was not a seizure
The officer’s request to roll up sleeves so he could look at arms was not a seizure. Defendant could have refused and he was not told he was seized. State v. Richards, 2014 Ga. App. LEXIS 249 (March 27, 2014).
Defendant consented to a seizure and search of his computer knowing that the police wanted it to conduct a forensic examination for child pornography. The consent was voluntary. New v. State, 2014 Ga. App. LEXIS 253 (March 27, 2014).*
The juvenile here was stopped for jaywalking and handcuffed. Officers asked if he had anything illegal on him, and he admitted he had a marking pen, so he was charged with possession of graffiti paraphernalia. Possession of a felt tip pen is not per se a crime, so the arrest was invalid. In re S.F., 2014 Cal. App. LEXIS 284 (4th Dist. February 25, 2014), ordered published March 26, 2014.
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Tsarnaev Defense Seeks Discovery on FBI Visits to Tamerlan
Defense lawyers for Dzhokhar Tsarnaev filed a 23 page motion for discovery Friday. You can read it here.
The motion, which seeks a lot of information about Tamerlan and the family's history, is an attempt to get the Government to turn over...
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NH bill would ban limits on sex offender residency
3-29-2014 New Hampshire:
New Hampshire lawmakers are considering whether to bar municipalities from restricting where the state's more than 2,500 registered sex offenders can live in light of court rulings that found the restrictions are unconstitutional.
The House passed the proposed ban by a vote of 231-97 in February. The bill now moves to the Republican-controlled Senate, where it faces an
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What Happens If I Refuse A Breathalyzer?
If you are pulled over for DUI and you refuse a breathalyzer, the police officer will take your driver’s license and your driving privileges will immediately be suspended for one year. This is called an Administrative License Suspension or ALS. You will then have to wait 30 days before you are allowed to have driving […]
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