Online Glückspiel im Internet ist für Deutsche häufig strafbar. Das Glückspiel im Internet ist seit Jahren ein großer Trend und bietet vermeintlich schnelle Gewinne mit nur wenigen Klicks. Internationale Anbieter und technische Umgehungsmöglichkeiten lassen das (illegale) Glückspiel im Internet aufblühen. Doch für Teilnehmer aus Deutschland gilt das deutsche Strafrecht auch wenn im Staat des Anbieters eine weniger strenge Rechtslage herrscht. Daran ändert sich auch nichts, wenn der Anbieter im Ausland eine dort gültige Glückspiel-Lizenz besitzt. Schnell benötigt der Teilnehmer eines solchen Glückspiels einen guten Strafverteidiger, denn häufig ist die Teilnahme illegal und strafbar. In einer aktuellen Entscheidung des Amtsgerichts München (Urt. v. 26.9.14, Az. 1115 Cs 254 Js 176411/13) wurde ein 25-jähriger Mann aus München wegen Beteiligung am unerlaubten Glückspiel (§ 285…
Geldstrafe wegen Beteiligung am unerlaubten Glückspiels im Internet
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Credit Card Theft & Fraud in New York: Does the NY Penal Law Require Possession of Actual Credit Card to Establish Felony Grand Larceny or Criminal Possession of Stolen Property
Crimes involving the theft and wrongful use of credit cards and debit cards are the types of offenses that seem to escalate each year. Certainly, the ease by which one can steal or use a stolen credit card is undeniable. While many times it is one’s intent to steal a credit or debit card, it is not atypical for an alleged thief to be arrested for stealing a wallet, purse or pocket book and he or she is not only charged with a misdemeanor, but a felony as well. The reason for this is because in the State of New York from New York City (NYC) to the suburbs of Westchester County and well beyond, it is a violation of New York Penal Law 155.30(4), Fourth Degree Grand Larceny, New York Penal Law 165.45(2), Fourth Degree Criminal Possession of Stolen Property, to merely steal or possess a stolen credit card. You need not know that when you took a person’s bag from a bar in Manhattan or hotel in Brooklyn that the bag contained a credit card. Punishable by up to four years…
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'The Stranger in the Story': Not just lazy writing but bad for public policy
A New York Times' After Deadline column last month had an interesting if IMO incomplete critique of a common journalism practice, aptly titled "The Stranger in the Story."Phillip Corbett, the paper's associate managing editor for standards, lamented "how often [the Times'] feature and enterprise stories rely on that old journalistic staple, the anecdotal lead. It seemed that practically every story discussed for the front page started out by introducing me, by name, to some stranger whose connection to the point of the article would emerge only with time and patience."The column had numerous examples from the Times of this lazy and over-used method just from a single day, though in truth it has become ubiquitous throughout print journalism, not just at the Times. In the past, journalists considered "burying the lede" a faux pas; today it's standard operating procedure. Grits found Corbett's concerns welcome but…
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Real Estate Investor Pleads Guilty to Bid Rigging and Fraud at Public Foreclosure Auctions
Mortgage Fraud Blog. Charles Rock, a Northern California real estate investor, pleaded guilty for his role in bid rigging and fraud at public real estate foreclosure auctions in Northern California. The Defendant was indicted on Dec. 3, 2014, in the U.S. District Court for the Northern District of California in Oakland, California. The indictment alleged that Charles Rock and others agreed not to compete at public foreclosure auctions in Contra Costa County, California, and diverted money to themselves that should have gone to mortgage holders and other beneficiaries. Charles Rock pleaded guilty to one count of bid rigging and two counts of mail fraud. To date, 51 individuals have agreed to plead or have pleaded guilty as a result of the department’s ongoing antitrust investigations into bid rigging and fraud at public real estate foreclosure auctions in Northern California. In addition, 21 real estate investors, including Charles Rock, have been charged in five…
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Case o' The Week: Ninth Takes Stand, Non-Contraband - Gladding and Rule 41(g) Motions, Return of Property in Child porn cases
The federal government of the United States can simultaneously process and analyze millions of text messages and emails in its vast, secret server farms. It can probably manage C:\dir > print.txt United States v. Gladding, 2014 WL 7399113 (9thCir. Dec. 31, 2014), decision available here.Hon. Judge Carlos T. BeaPlayers:Decision by Judge Bea, joined by Judges O’Scannlain and Fernandez. Notable win by AFPD Carolyn Wiggin, ED California FPD. Facts: Gladding was convicted of possession of child porn. Id. at *1. He conceded that the seized computers should be forfeited under 18 USC § 2253. Id. However, Gladding asked for the return of copies of noncontraband computer files –personal pictures of his family, and email. Id. The government agreed to do so at the change of plea, but when negotiations broke down later Gladding filed a motion to return the noncontraband files under Fed. Rule Crim. Proc. 41(g). Id. When the…
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2 Indicted for Advanced Fee Loan Scheme
Mortgage Fraud Blog. David C. Jackson, also known as “C. David Manns,” “Charles Jackson” and “Andrew D. Smithson,” 53, and Alex Hurt, also known as “Alex Dante,” 45, have been indicted and charged with various offenses related to an advance fee loan fraud scheme that defrauded individuals out of several million dollars. Jackson, who has resided in Maryland, Ohio and Pennsylvania, has been detained since his arrest on a criminal complaint on August 26, 2014. Hurt, recently of Dover, Massachusetts, has been ordered to report to the District of Connecticut for his arraignment. As alleged in the indictment and in previously-filed court documents, in approximately September 2009, Jackson, using the alias “C. David Manns,” established Jalin Realty Capital Advisors, LLC, using a business address in Dayton, Ohio. In 2011, Jackson changed the name of his business to American Capital Holdings, LLC, using business addresses in…
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Attempted Tampering with Physical Evidence ...cont
As the statute dictates, an essential element of the crime of Tampering with Physical Evidence is that the defendant believed that the physical evidence is about to be produced or used in an official or prospective official proceeding and that the criminal defendant intended to prevent such production or use. Determining whether the allegations in an accusatory instrument are sufficient to maintain such a charge is a factual inquiry for the reviewing court. The defendant argues that the accusatory instrument is insufficient because it: 1) fails to establish that the defendant believed any physical evidence was about to be used in an official proceeding; 2) fails to establish that the defendant had an intent to prevent the production of such physical evidence; and 3) provides only conclusory allegations as to the defendant's purported possession of a marijuana cigar. The People do not address any of the specific arguments raised by the defendant in their response. For the…
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Utah Drug Bust Leaves Three Facing Criminal Charges
In October of 2014, Back NET (the Wasatch Back Narcotics Enforcement Team) performed surveillance at a Heber City, Utah motel, the M-Star, where they suspected drugs were being sold from a motel room. Agents with Back NET then obtained a search warrant which resulted in a sting operation that led to the arrest of a man and two women. According to an article at KUTV.com, Brien Mills was arrested on a street in the city, and was allegedly in possession of drug paraphernalia and methamphetamine. He was arrested. Meanwhile, police went to the M-Star Motel, where they discovered what they called a “large quantity” of drugs, mostly methamphetamine. A spokesman for the Heber City police said that “There was meth everywhere,” and that one of the officers in searching the motel room bumped into a lamp. A baggie containing meth fell out of the lamp. The two women, Allyson Vavro and Tiffany Monson, were arrested. Investigators allege that the two women were…
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Fifth DUI Offense Results in Melrose Man Being Rescued from Freezing River
On Sunday morning January 4, a Melrose, Massachusetts man was eventually arrested for a fifth drunken driving offense and other charges following a chase that led to the man having to be rescued from the Malden River, according to a news article at the Boston Globe. John Kellum, the 42-year-old man who had been reported to police to be driving while intoxicated, led police on a wild chase that resulted in damage to police cruisers and parked cars before Kellum’s pickup truck eventually ended up in the river. Melrose police spokesman John Guilfoil said that police arrived on the scene at about 1:30 in the morning; Kellum had already crashed into two vehicles parked along the street. He then allegedly rammed a police cruiser before driving off. As police officers pursued him at what they called a “safe distance,” Kellum drove his pickup truck at a police cruiser, causing it to strike a curb as the officer attempted to swerve away from the suspect’s truck;…
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Woman Alleges Sexual Assault by Uber Driver in Chicago in November
On Monday December 29, Chicago Police announced that formal charges had been filed against 30-year-old Maxime Fohounhedo, an Uber driver, for allegedly sexually assaulting a 22-year-old woman who called for the cab service back in November following a night out with friends. According to the Business Insider, the victim had been drinking and requested the cab service at about 2:30 a.m. on November 16. Upon getting into the cab, she fell asleep. Fohounhedo then allegedly told her to sit in the front seat of the cab, as he was not familiar with the area of her destination. The woman claims that she was “super” drunk in a text to a friend, however she woke up in an apartment and found Fohounhedo on top of her. She told the friend she later texted to remind her to follow through to make certain this “never happens again.” Assistant state’s attorney Robert Mack said that after the sexual assault, Fohounhedo drove the woman home in his cab and told her…
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A Cold, Dark Heart in Wyoming
Recently an inmate in Wyoming was released after serving 24 years in prison for a crime he did not commit. Many states recognize the injustice suffered by the wrongfully imprisoned and require the state compensate the victim. When our system of justice fails it can have disastrous consequences for those victimized. The criminal justice system is not infallible, and when it makes a mistake that costs a person most of his adult life there is a method of providing monetary compensation. In Wyoming the State Legislature decides if the innocent is worthy of compensation and how much. In this case, Mr. Andrew "A.J." Johnson had a criminal record prior to his being incarcerated for 24 years for a crime he did not commit. You might think that spending 24 years in prison is worth some kind of compensation. You might think that 24 years of your life spent wasting away in a prison cell, when you are innocent of the crime charged, would be worthy of some type of compensation by…
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Dzhokhar Tsarnaev Trial: Jury Selection Begins
Prospective jurors arrived at the federal courthouse in Boston this morning to fill out lengthy juror questionnaires for the trial of Dzhokhar Tsarnaev. In December, the Government and defense agreed on the explanatory remarks the judge should... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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The MTA To Install “Collision Avoidance Devices” on NYC Buses
The Metropolitan Transportation Authority has announced that beginning in the fall of 2015, buses in New York City will be equipped with “collision avoidance devices”, which will alert bus drivers to the location of pedestrians, bicyclists and motor vehicles which are in the operator’s blind spots. The system will utilize radar and sensors with speakers mounted on the exteriors of the buses, and will sound warnings to pedestrians and others as the bus is turning, to stay clear of the direct area. Transit authorities in Los Angeles, Baltimore and Portland have either adopted the program or tested it, with the two main providers being ProTran from Newtown, New Jersey, and Clever Devices, with headquarters located in Long Island. In 2010, the Cleveland Regional Transit Authority installed the devices on 400 buses after averaging six pedestrian deaths a year. Since 2010, there have apparently been no pedestrian fatalities reported in Cleveland. Ironically,…
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Woman Sues Ex-Husband’s Estate for Wrongful Death
A Michigan woman has sued her ex-husband’s estate for wrongful death after he killed their daughter and himself. Apparently, Gary Volkers slit his daughter’s throat and then turned a pistol on himself. The mother of the slain girl and ex-wife …The post Woman Sues Ex-Husband’s Estate for Wrongful Death appeared first on Personal Injury Attorney CO | Colorado Springs Lawyers.
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Court Won’t Dismiss FCPA and Money Laundering Charges Against Former Alstom Executive
A federal district court judge in Connecticut recently declined to dismiss FCPA and money laundering charges against Lawrence Hoskins ruling that they were sufficiently alleged in the indictment and any factual questions should be decided by a jury. Hoskins was Senior Vice President for the Asia Region of Alstom Holdings, S.A., a French holding company that allegedly acted through its subsidiaries, including Alstom Power U.S. According to prosecutors, Hoskins and three co-defendants, who have already pleaded guilty, conspired to bribe "Indonesian government officials in exchange for their assistance in awarding [a contract to build power stations] to Alstom Power U.S. and its partners” in violation of the Foreign Corrupt Practices Act and other statutes. Hoskins argued that his August 2004 resignation from Alstom Holdings established his withdrawal from the alleged conspiracy, thereby making the conspiracy charge against him time-barred. But Judge Arterton ruled…
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FINAL UPDATE - Northbound I15 Milepost 26 Down to One Lane At This Time
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 1/5/2014 at 1:05 p.m. Please direct questions to the District Office ***FINAL UPDATE***FINAL UPDATE***FINAL UPDATE*** On January 5, 2015, at approximately 9:25 a.m., Idaho State Police investigated a one-vehicle rollover crash on Interstate 15, near milepost 26, south of Downey, ID. Sandra J. Ashley, 29, of Soda Springs, ID., was driving northbound on Interstate 15, in a 2004 Mazda 3. Ashley lost control of the vehicle and drove into the median, where the vehicle rolled. Ashley was transported by air ambulance to Portneuf Medical Center in Pocatello, ID. Transported to Portneuf Medical Center by ground ambulance was passenger Kevin L. Webster, 29, of Bountiful, UT. Neither…
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Virginia Marijuana Possession – Is Odor Enough?
Did you know that if the police claim they smell marijuana in your vehicle that can be a good enough reason for them to search the vehicle? © marketing for Andrew Flusche, 2015. | Permalink | No comment | Add to del.icio.us Post tags: Feed enhanced by Better Feed from Ozh The post Virginia Marijuana Possession – Is Odor Enough? appeared first on Andrew Flusche.
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CIVIL ASSET FORFEITURE INFO
CIVIL ASSET FORFEITURE INFO Who gets the money from asset forfeitures and how is that money used? These questions and more are answered in a report titled Asset Forfeiture in Texas: DPS and County Interaction. (hereinafter “DPS Report.”) Click here to read the report. ASSETS SEIZED BY LAW ENFORCEMENT. The (Texas) Office of Court Administration (OCA), pursuant to a legislative directed, conducted a study to determine how assets that are seized by DPS in criminal investigations are used and divided by various state and federal authorities. Below is a discussion based on the DPS Report. WHAT IS ASSET FORFEITURE? Chapter 59 of the Texas Code of Criminal Procedure authorizes law enforcement officials to seize contraband connected to criminal activity. This law was passed in 1989 and is similar to the federal law on asset forfeiture. Asset forfeiture is considered a civil proceeding (as opposed to a criminal proceeding). Under the statute, law enforcement files a lawsuit…
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Sarch on Knowledge, Recklessness and the Connection Requirement Between Actus Reus and Mens Rea
Alex F. Sarch (University of Southern California - Center for Law and Philosophy) has posted Knowledge, Recklessness and the Connection Requirement Between Actus Reus and Mens Rea on SSRN. Here is the abstract: It is a foundational, but underappreciated principle...
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Another Minnesota Vikings Player Earns DWI
While eight NFL teams are still battling to be crowned Super Bowl champion, the Minnesota Vikings are making headlines for all the wrong reasons. Over the holidays rookie cornerback Jabari Price was arrested for driving under the influence. Perhaps out celebrating the conclusion of his rookie season, Price was stopped by an officer at 3:18am on December 29, the day after the final regular season game. Although details of the traffic stop are lacking, the officer wrote that he “detected impairment in the driver.” Price was asked to preform a Breathalyzer test, and he registered a 0.13 BAC, more than 1.5 times the legal limit. Price was charged with fourth degree DWI, which is a misdemeanor offense. He was released without bail later that same day. He will make his initial appearance at the Hennepin County Courthouse on February 9. Vikings Issue Statement The Vikings issued a statement after learning of Price’s arrest. “We are aware of the…
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