I thought that, while folks continue to vigorously debate how Colorado prosecutors should deal with mass murderer James Holmes in the comments to this recent post, it would also be interesting to hear how readers might sentence a very different...
You be the sentencing judge: what is a fair and effective sentence of 86-year-old mercy killer?
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"Toward a Common Law of Plea Bargaining"
The title of this post is the title of this notable new article by Wesley Oliver available via SSRN. Here is the abstract: This article contends that Missouri v. Frye and Lafler v. Cooper, holding that defendants have a right...
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Upcoming 2013 Federal Sentencing Guidelines Seminar
22nd Annual National Seminar on Federal Sentencing Guidelines, May 22-24, 2013 - Orlando, Florida - here (esp)
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Driver Charged with Felony DUI by West Columbia Police
A 24-year-old Columbia, South Carolina man is charged with Felony DUI after a car accident that left one person dead. The man was taken from the hospital to the Lexington County Detention Center. The crash occurred around midnight on Meeting Street and Sunset Boulevard. A felony DUI charged in South Carolina requires that the state [...]
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Zimmerman Case: Attorney Warfare and Witness 8
As I wrote the other day, George Zimmerman attorney Mark O'Mara filed a motion for sanctions against Florida prosecutors for withholding information favorable to the defense. It was a very civilized pleading, supported by factual instances, letters and e-mails.
Late yesterday, in response, the state filed one of the most scurrilous,...
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Man Ejected From Motorcycle in DUI Related Crash
A Kershaw, South Carolina woman is being charged with Felony DUI after her van collided with a motorcycle, killing the driver. South Carolina Deputies report that the man was driving along Highway 341, and smashed into a van as the woman was pulling out of a driveway. Thereafter, the man was tossed from the bike [...]
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Two notable resentencing stories via the New York Times
Continuing its recent notable extra interest in an array of modern sentencing stories, today's New York Times has two pieces that are both must reads for all sentencing fans. And because neither story enables simply summarization, I will just here...
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FBI: “Former U.S. Soldier Charged with Conspiring to Use Destructive Device While Fighting with al Qaeda-Affiliated Group in Syria”
The Federal Bureau of Investigation (FBI) on March 28, 2013 released the following: “ALEXANDRIA, VA— Eric Harroun, 30, of Phoenix, was arrested and charged with conspiring to use a rocket propelled grenade (RPG) while fighting with the al Nusrah Front, an organization commonly referred to as “al Qaeda in Iraq” and designated as a foreign [...]![]()
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What should I do to prepare for my pre-trial to two charges I am falsely being accused of?
Free legal answers from attorneys - I am being charged with two separate cases but, they are being put together. One is a switchblade charge. I called the
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Can a person be charged for previous incidents before they were arrested in domestic violence cases?
Free legal answers from attorneys - My husband and I had been arguing loudly for a few days. On the day we stopped arguing the police came and said there w
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“OFAC Removes 11 Names From Sanctions Lists”
The Wall Street Journal on March 28, 2013 released the following: “By Samuel Rubenfeld The U.S. Treasury Department’s Office of Foreign Assets Control removed 10 people and a company from its blacklists on drug traffickers. The 10 people separately petitioned OFAC to remove their names from the blacklists, and they provided “sufficient information” for OFAC [...]![]()
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Florida Lawyer's mugshot ironically ends up next to his ad
Filed under the "any publicity is good publicity" school of thought, a Florida lawyer's marketing plan backfires when his mug shot is featured next to his legal ad.
According to a blurb in the aba (American Bar Association) journal, Florida DUI Lawyer Thomas L. Edwards was arrested on multiple charges including Driving Under the Influence, Reckless Driving, and two counts of leaving the scene of an accident with property damage among others.
In an ironic marketing twist, the lawyer's mugshot ended up next to his Gainesville law firm ad where he is seen smiling (though in a nice suit instead of jail garb). Making matters worse, this same attorney was interviewed by The Gainesville Sun back in 2007 when the subject of bad-looking mug shots came up.
Mr. Edwards was quoted as saying:
"Mug shots, unfortunately, are never good pictures. They've usually got people who are in compromised positions," said Gainesville defense attorney Thomas Edwards.
"They arrest you and you're not looking so good. They're not going to give you a plastic comb. They are not going to concern themselves if you look like crap."
Short of someone turning themselves in at the jail, most people can't prepare for getting their mug shot taken, Edwards said.
Legally, he added, there's nothing a defense lawyer can do about a bad mug shot except make sure it doesn't prejudice a jury that will hear the case.
Based on his calm, smiling mugshot, this DUI attorney might have practiced looking good for the camera.
LEGAL ANALYSIS
While it is common to read articles about celebrities and politicians getting special treatment when breaking the law, the reality for lawyers, doctors or other professionals is often different. While most people assume that the "good old boys" club protects its own, that is usually not the case.
Here in Pinellas County, if an assistant state attorney or public defender gets arrested, many times the case will be transferred nearby (such as Hillsborough) to avoid the appearance of impropriety. These same lawyers, rather then getting kid glove treatment are often judged harsher then others would be. This is because the media is sure to report on these arrests and the aftermath.
In this case, it is too early to guess what may happen. Mr. Edwards was asked to comment and through his assistant gave the following statement: "Under the American criminal justice system all individuals are presumed innocent until proven guilty."
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“FBI, HHS agents raid Fla. health care insurer”
The Miami Herald on March 28, 2013 released the following: “THE ASSOCIATED PRESS ST. PETERSBURG, Fla. — Agents with the FBI and Department of Health and Human Services have executed search warrants at the St. Petersburg offices of a health care insurance company under investigation for possible fraud and mismanagement. Officials with the two agencies [...]![]()
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Four Jefferson County Men Indicted on Federal Criminal Charges Alleging Federal Mail Fraud Crimes
The Federal Bureau of Investigation (FBI) on March 27, 2013 released the following: “BEAUMONT, TX— Four Port Arthur, Texas men have been indicted and arrested in connection with a mail fraud scheme in the Eastern District of Texas, announced U.S. Attorney John M. Bales today. An indictment was returned by a federal grand jury on [...]![]()
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“SAC Capital portfolio manager pleads not guilty in NYC insider trading case”
The Washington Post on March 29, 2013 released the following: “By Associated Press NEW YORK — A portfolio manager for the hedge fund operator SAC Capital Advisors has pleaded not guilty to federal charges in an insider trading probe. The FBI arrested Michael Steinberg at 6 a.m. Friday at his home in New York City. [...]![]()
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Tonight on Moyers & Company - The Death Penalty's Fatal Flaws
Tonight's edition of the PBS program Moyers & Company is," The Death Penalty's Fatal Flaws." The program airs tonight on most PBS stations. You can check the broadcast time in your market. Fifty years ago, the Supreme Court’s landmark decision...
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Gershon Barkany Charged by a Criminal Complaint Alleging He Defrauded Investors of $50 Million in a Real Estate Ponzi Scheme
The Federal Bureau of Investigation (FBI) on March 28, 2013 released the following: “Far Rockaway Man Charged with Defrauding Victims of $50 Million in a Real Estate Ponzi Scheme Earlier today, FBI agents arrested Gershon Barkany based on a criminal complaint alleging that the Far Rockaway man defrauded investors by promising to use their money [...]![]()
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How Jury Trials and NCAA Basketball Games Are Similar
Why are jury trials and picking a bracket of winning college basketball teams in the NCAA basketball tournament similar? Courtrooms and Basketball Courts They both involve a number of variables such as a judge, jurors and lawyers. Each of the latter three can have different moods, prejudices and talents just like a group of players [...]
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Very Weird Case Out of New York -- Will Your Los Angeles Medicare Fraud Case Be As Bizarre?
Even “straightforward” Los Angeles Medicare fraud schemes often become surprisingly dynamic.![staged-accident-los-angeles-insurance-fraud.jpg]()
Perhaps you and an associate billed the state or federal government for wheelchairs that you never delivered to patients. Or maybe you constructed a scheme to collect Social Security numbers and patient data and then use that information to purchase pharmaceuticals to sell to a third market supplier.
Even the most carefully wrought, well-protected plans have a funny way of coming undone and leading to surprises not only for investigators but also for defendants themselves.
Consider, for a good example, a case out of the Northern District of New York, where a Utica woman, Cynthia Morgan, was just sentenced to over two years in prison and a compulsory restitution of $1.4 million for her role in a healthcare and insurance fraud scam.
Morgan plead guilty to her charges in August 2012. She and her husband and three associates set up a staged car accident in March 2006. They fake a collision between a Ryder truck and her Ford van. Morgan was not hurt. But she acted hurt and submitted false claims for insurance and disability benefits and personal injury damages.
She collected over $100,000 from Mutual of Omaha and then sued in Civil Court for her “personal injures.” She succeeded and collected $30,000 in that matter.
It sounds like a ridiculous situation -- and it demonstrates the creative lengths to which people will go to perpetrate Southern California white collar crimes like insurance fraud.
Unfortunately, when you get caught, investigators will not only follow up on your trail and figure out what you did (or allegedly did), but they will also unmask other "bad stuff" that maybe you didn't even occurred. For instance, perhaps an associate committed additional criminal acts while operating under the aegis of your scheme. You didn’t know about those acts. But because of your criminal affiliation, you could still be punished for them.
Coming up with an effective and appropriate Southern California criminal defense strategy is neither intuitive, nor simple. Let the team here at the Kraut Law Group assess your case for free and help you come up with an insightful and effective plan to go forward.
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Perhaps you and an associate billed the state or federal government for wheelchairs that you never delivered to patients. Or maybe you constructed a scheme to collect Social Security numbers and patient data and then use that information to purchase pharmaceuticals to sell to a third market supplier.
Even the most carefully wrought, well-protected plans have a funny way of coming undone and leading to surprises not only for investigators but also for defendants themselves.
Consider, for a good example, a case out of the Northern District of New York, where a Utica woman, Cynthia Morgan, was just sentenced to over two years in prison and a compulsory restitution of $1.4 million for her role in a healthcare and insurance fraud scam.
Morgan plead guilty to her charges in August 2012. She and her husband and three associates set up a staged car accident in March 2006. They fake a collision between a Ryder truck and her Ford van. Morgan was not hurt. But she acted hurt and submitted false claims for insurance and disability benefits and personal injury damages.
She collected over $100,000 from Mutual of Omaha and then sued in Civil Court for her “personal injures.” She succeeded and collected $30,000 in that matter.
It sounds like a ridiculous situation -- and it demonstrates the creative lengths to which people will go to perpetrate Southern California white collar crimes like insurance fraud.
Unfortunately, when you get caught, investigators will not only follow up on your trail and figure out what you did (or allegedly did), but they will also unmask other "bad stuff" that maybe you didn't even occurred. For instance, perhaps an associate committed additional criminal acts while operating under the aegis of your scheme. You didn’t know about those acts. But because of your criminal affiliation, you could still be punished for them.
Coming up with an effective and appropriate Southern California criminal defense strategy is neither intuitive, nor simple. Let the team here at the Kraut Law Group assess your case for free and help you come up with an insightful and effective plan to go forward.
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Federal Sentencing Guidelines Seminar May 22-24 in Orlando
Info available at White Collar Crime Prof Blog.
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More Pages to Explore .....
