Gregoire Garcon, a podiatrist and sneaker designer from Sunny Isles Beach, Florida was arrested last week for allegedly attempting to steal government money. Garcon, 56, purportedly tried to cash over a dozen stolen tax refund checks valued at over $110,000 in 2013. He is being held without bail. According to court records, Garcon allegedly tried to cash the checks at the beginning of 2013. He reportedly gave the checks to an associate who agreed to have them cashed in Tampa in exchange for 45 percent of their monetary value, but the associate’s Tampa contact turned out to be an undercover agent from the Internal Revenue Service (IRS). Garcon reportedly confessed to the alleged crime while being interviewed by IRS agents from the Criminal Investigations Division last year. He told the agents that he had lost a lot of money after his divorce, and he needed the stolen money to provide for his three children aged 14, 15, and 19. If found guilty for his alleged crimes,…
Gregoire Garcon of Broward, Florida Arrested for Theft of Government Money
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Justice Breyer dissents alone(!) in California capital case concerning long delays before execution
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Shortage of competency restoration beds a sudden, longstanding crisis
Texas' failure to finance mental-health services to sufficiently supply the vast volumes demanded by the justice system - in particular "forensic" beds for competency restoration at state mental hospitals - belatedly is receiving attention. Edgar Walters at the Texas Tribune has a fine story detailing the quandary state officials find themselves in regarding funding for criminal defendants' competency restoration at state mental hospitals. Here's an excerpt, which will ring familiar to long-time Grits readers:State public health officials say there were 388 people on waiting lists for state hospitals as of April 1.“Almost all of our state hospitals are currently at capacity, and we are admitting patients as soon as other patients are discharged,” said Christine Mann, a spokeswoman for the Department of State Health Services.Meanwhile, more than half of state hospital beds go to people who have been ordered there under a…
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Dear Loretta Lynch: Give Refugee Kids A Lawyer
On April 29, 2016, 177 children’s rights, civil rights, human rights, faith-based, and immigrants’ rights organizations and legal service providers sent a letter to Attorney General Loretta Lynch a letter to condemn the practice of detaining and deporting children, and demanding that every child facing deportation is given a lawyer.We cannot continue to pretend that immigration detention is not incarceration. In fact, it's worse - because we take liberties away from people who did not commit a crime - subjecting them to a legal process against which they have no hope to defend themselves. To add insult to injury, an immigration judge (in his official capacity) actually said 3-year olds can learn immigration law.We are a country that jails little kids. We call the jails "family residential centers." We allow companies to run them for profit. This is a blight on our society. We point fingers at the despotic regimes around the world,…
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United Shades of America Visits San Quentin
CNN's new series, United Shades of America with comedian and social commentator W. Kamau Bell, airing on Sunday evenings is worth watching. Two episodes aired last night: one on the KKK and one on San Quentin. In the KKK episode, Bell meets... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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When the police can search you (Part Three- car stops)
This is a multi-part blog post written by a criminal defense attorney dedicated to explaining the circumstances in which the police are allowed to search a person, his car, or his home. Parts one and two were about when the police can search you after they encounter suspicious activity in the street. Part one described the rules under the federal constitution and part two described the rules under New York’s constitution. This post is intended to explain the circumstances under which a police can search your car after they’ve pulled you over. This is only a general post about the issues associated with these circumstances and is not intended to substitute legal advice. As a preliminary matter, the police have the legal right to pull over any car any time they observe a traffic infraction. This may seem like common sense, but the implication of this rule means that the police can pull you over for a traffic infraction even though they really want…
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Kickbacks and Conspiracies
The U.S. Supreme Court, 5-3, upheld a conviction for conspiracy to violate the Hobbs Act, the federal extortion law, in a case involving a kickback scheme in which crooked police officers referred damaged cars to a particular body shop in return for payments. The case is Ocasio v. United States. Justice Alito wrote the opinion of the Court, joined by Justices Kennedy, Ginsbury, Breyer, and Kagan. Justice Breyer wrote a separate concurrence saying that a key precedent, Evans v. United States, may well have been wrongly decided, but since the defendant did not ask the Court to overrule it, he loses. Justice Thomas would go ahead and overrule Evans. Justice Sotomayor, joined by Chief Justice Roberts, would rule for the defendant without overruling Evans.The next scheduled public session, and therefore the next likely day for release of opinions, is two weeks from today, Monday, May 16.
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City of Houston Enforcement Pre-empted
On Friday, April 29, 2016, the Texas Supreme Court handed down an important decision, very favorable to industry, involving the City of Houston’s over-the-top criminal enforcement program. While this one involved the Texas Clean Air Act (“TCAA”), it will have an across-the-board impact on future enforcement actions by the City of Houston. For those of you outside of Texas, the City of Houston’s environment enforcement division is a HUGE money maker for Houston – bringing in more in penalties and fines that any other enforcement program in the city, including traffic fines and drug-related enforcement. Houston is the country’s fourth largest metropolitan area. A little background - in 1992, the Houston enacted an air-quality ordinance to regulate air pollution from facilities that were not already regulated under the TCAA. In 2007, Houston amended the 1992 ordinance to establish its own air-quality regulatory-compliance program…
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Opinion on showing required for Hobbs Act conviction
Justice Alito delivered the opinion of the Court in Ocasio v. United States. Justice Breyer filed a concurring opinion. Justice Thomas dissented. Justice Sotomayor, joined by Chief Justice Roberts, also dissented.
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At SCOTUS, "age-old principes of conspiracy law" produces brand new division of Justices
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Dissent from denial of cert in case about delay in imposing death penalty
Justice Breyer's dissent in Boyer v. Davis is here.
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How to Remove Your Name from SORA (Sex Offender Registry)
Anyone who is a registered sex offender knows the negative impact it has on your life. Most sex offenders are shunned by society, have problems finding employment or housing, and face other tough issues. Whether you’ve been required to register for 15 years or a lifetime, any time at all spend on the Sex Offender Registry, or SORA, is too much time. Is there a way to get off the list? Perhaps. We’ve included what you need to know below. First of all, who’s eligible to petition for removal from SORA? There are basically four scenarios in which someone who has been convicted and is currently on the sex offender registry can petition for removal from SORA through the trial court. These include: Romeo & Juliet (consent cases) Juvenile offenders (determination) SORA registrants convicted of crimes that no longer require registration Tier I and Tier III offenders no longer considered a threat to public safety It is important to note…
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Amending the ALI Sexual Assault Draft: Penalties
With the American Law Institute’s annual meeting scheduled to begin May 16, critics of the draft provisions on sexual assault are doubtless considering what amendments to offer. Without slighting the other possibilities, let me suggest one: reverting to the approach...
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Who Dunnit? Determining Who’s At Fault in a Car Crash
Maryland, like most states, uses a fault system to determine who is liable for an accident. That determination dictates who must pay for any injuries, property damage or losses suffered by the other party. If you’ve been involved in a car accident in Maryland, it’s important to understand the basics of liability and how to protect yourself and your rights. Here’s what you need to know: What Are the Parts of a Car Accident Claim? Randolph Rice, a Maryland personal injury lawyer, looks at two factors when evaluating a potential car accident claim: liability and damages. Each part plays an essential role in determining who’s at fault in a car accident and the potential value of a claim. Liability Liability means who caused the accident through either negligence or carelessness. In order to have a successful car accident case in Baltimore, you need to prove that the other driver did, or failed to do, something that led to the collision. Examples might…
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The Government Should Dismiss Meritless Qui Tam Suits - The Case of US ex rel Thomas v. Black and Veatch Special Projects Corp.
Dear Readers:Last week the 10th Circuit affirmed the District Court's grant of summary judgment in favor of the defendant in US ex rel Thomas v. Black and Veatch Special Projects Corp., 2016 WL 1612857 (10th Cir.). I previously covered the District Court's decision.Black and Veatch is a great case that addresses whether and when a defendant's "false certification" of its compliance with a government contract is material to the government's decision to pay on that contract. As the Court explained, "liability [under the False Claims Act (FCA)] does not arise merely because a false statement is included in the claim; rather, the false statement must be material to the government's decision to pay out moneys to the claimant." Here, the Court essentially found that the false certification regarding minor breaches of the contract was not material to the government's decision to continue paying on the contract because the…
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High on Aerosol Dust Clean? No DUI Charges with Synthetic Drugs
Synthetic drugs are causing a real dilemma for states striving to enforce laws against driving under the influence. Depending on the type of drug a driver uses to get high, prosecutors can find it next to impossible to obtain a DUI conviction. Is that fair? How can states standardize how they handle and punish drug DUI cases? What safeguards should be in place to protect defendants? An Associate Press article recently analyzed the case of 18-year-old Kristian Roggio, who suffered fatal injuries when another driver crossed a road in Brooklyn and collided with her car. Police maintain that the offending driver got high after inhaling aerosol dust cleaner, and they charged him with vehicular manslaughter. However, the New York Supreme Court threw out those charges, because that particular substance didn’t appear on the state’s list of banned substances. The Court decided that case nine years ago, but problems regarding how to identify and prosecute drug DUIs in New…
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JUDGE ROSA RODRIGUEZ DRAWS AN OPPONENT .....
THE CAPTAIN REPORTS:BREAKING NEWS CONTINUES ... JUDGE ROSA RODRIGUEZ HAS OPPOSITION .....In what's now becoming a regular occurrence over the past few days, another long time Incumbent Judge has drawn an opponent.Early on it was the likes of County Court Judges Ed Newman and Fred Seraphin, and Circuit Court Judges Jason Bloch and Robert Luck.In the past couple of days, add Incumbent Judges Wendell Graham, Nushin Sayfie, and now Rosa Rodriguez to that list. WHO'S NEXT ?!Today, attorney Jorge A. Lopez has filed to run against the three time incumbent Judge Rodriguez.Judge Rosa Rodriguez was first elected to the Circuit Court bench in 1998. She was reelected in 2004 and 2010. She is running to retain her seat. In 1998, Rodriguez defeated attorney Ann Mason-Parker by 54% to 46% to win her race. She ran unopposed in '04 and '10.Attorney Jorge A. Lopez has been a member of The Florida Bar for 19 years. He has an office in Coral Gables.…
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New Mexico Governor Announces Program to Monitor DWI Cases and Hold Courts Accountable
Last month, New Mexico Governor Susana Martinez announced an initiative that will put volunteer monitors in courtrooms to police DWIs and report findings on social media to indicate whether offenders were let off too easily. Governor Martinez said this is a way to hold offenders and judges accountable. The volunteers will attend DWI hearings and report on how the courts are handling drunk driving. They will then send details regarding the sentences to state officials, who will identify repeat DWI offenders and judges in tweets and Facebook posts. The program, spearheaded by Mothers Against Drunk Driving (MADD), is part of the Governor’s executive initiative to combat DWIs. Governor Martinez stated that “[t]oo many lives have been shattered by drunk drivers.” She believes that the criminal justice system fails New Mexico citizens by letting criminals off too easily. She said that by “shining a light on our courtrooms, New Mexicans can see…
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Journalism Is Not a Crime
Journalism is not a crime, yet the principles of free speech and a free press are threatened right across the world. To mark World Press Freedom Day on 3 May, we’re highlighting nine cases of journalists who have been locked up, tortured, threatened or even killed just for speaking out. Muhammad Bekzhanov, Uzbekistan In 1999, Uzbekistani security forces tortured journalist Muhammad Bekzhanov, editor of a banned opposition newspaper. They beat him with rubber truncheons, suffocated him and gave him electric shocks until he confessed to “anti-state” offences. A judge used Muhammad’s ‘confession’ to send him to prison, where he remains to this day. He is one of the world’s longest-imprisoned journalists. Urge the President of Uzbekistan to release Muhammad and investigate his torture. Khadija Ismayilova, Azerbaijan Khadija Ismayilova is an award-winning investigative reporter who exposed corruption in Azerbaijan, including among…
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N.D.Fla.: FBI had PC there was CP on electronic storage media hidden in plastic bags in a woodpile
“[A]pplying the totality of the circumstances test the Court has little difficulty concluding there was sufficient probable cause to search the electronic storage media provided to the F.B.I. For starters, a simple examination of the items to be searched evidences … Continue reading →
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