South Carolina Criminal Lawyer Blog

Myrtle Beach bike week began in full on Friday, May 9th, 2008. Unfortunately it was only 24 hours into Bike Week before the a motorcycle death occurred. There are usually several motorcycle related accidents during Bike Week. Many of the accidents are caused by local drivers who are not adapted to motorcycles being on many of the local roads around Myrtle Beach.
This accident was on Kings Highway near The Dunes Country Club where a motorcycle rider hit the side of a truck. The driver of the motorcycle was killed on the scene and a passenger is still in critical condition. The driver of the truck was cited for DUI and will most likely be indicted for DUI Manslaughter. The names of the individuals have not been released as of this afternoon.
Two distinct cases will come from this death. There will be a felony indictment for the DUI Manslaughter and a wrongful death case. A good defense lawyer must be aware of the two cases and the possible ramifications of closing one or the other without considering its effect on the entire situation. I have defended clients for DUIs and DUI manslaughter charges many times. The main theories of defense for these types of case are few and very technical. The first defense is an incorrect reading on the breath machine or blood draw. The breath test is a key piece of evidence in these cases. The next key piece of evidence is any improper driving actions. You must be able to defend your clients driving pattern and any traffic violation that occurred prior to the accident.
I have also represent families of individuals killed by DUI drivers. This wrongful death action is brought on behalf of the estate of the deceased. It is important to have a good investigator research the activities of the defendant driver before the accident occurred. Credit card bills, cellular phone calls, and any evidence showing the defendant's actions before the accident will be critical. The defendant's prior arrests, drinking problems, local bartenders will need to be investigated. Our office has handled DUI Manslaughters from both the Plaintiff and the Defense lawyer position.

Posted by Russell Mace | Permalink | Email This Post

Posted In: DUI & TRAFFIC

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DEA officers in Seattle, Washington recently arrested several members of a Mexican Drug ring. The arrests were related to Cocaine trafficking. The DEA agents seized over 36 pounds of cocaine and have alleged that the Drug ring was distributing over 30 kilograms of cocaine per month. The DEA code named the investigation "Operation Pink Tiger" based on the fact that the cocaine was being shipped in pink cellophane. The DEA is infamous for giving code names to drug investigations. There were also ties to a Mexican restaurant where the alleged drug leader was employed. The Mexican drug cartels are also very active in South Carolina. As previously mentioned South Carolina has become a distribution state for cocaine because of its central location between Miami and New York. Seattle is a much larger city than Charleston, Columbia or Myrtle Beach. However, the Mexican drug cartels are now functioning in almost every state and city.
The amount of cocaine involved the DEA investigation will activate a federal minimum mandatory prison term of 10 years. The federal sentencing guidelines will be used to give a range of months that the defendants will face. The guideline range will be based on the amount of cocaine, any prior convictions, relevant conduct, and the nature of the facts alleged in the indictment. The Federal Sentence guidelines apply to every federal indictment. The lawyers defending this case will have to ensure that a complete investigation is completed by the DEA. Much of the case will depend on statements made by codefendants and possible informants.

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Posted In: Drug Trafficking

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Congressman John Conyers recently sent a letter to the acting DEA administrator questioning the DEAs aggressive enforcement of marijuana laws against medical growers and users in California. Obviously Congressman Conyers does not fully understand the forfeiture provisions of our federal laws related to drug indictments. The DEA is able to seize millions of dollars of assets even if a defendant is found not guilty of any violation of federal law. There is a civil forfeiture provision that follows the civil burden of proof instead of the criminal standard of beyond a reasonable doubt. The use of this forfeiture tool has only recently been used in South Carolina. It has been as standard tool for indictments in Miami and Florida in general. Defense lawyers usually will represent a client in the civil forfeiture proceeding as well as the criminal indictment.
The DEA has stated that medical usage of marijuana is not recognized by the federal government. The DEA has failed to understand that the 50 states of this country can grant their citizens more rights than the federal government. The expansion of the DEAs power over the years has come to mean that the DEA has control over all drugs in this country. This includes the DEAs power to decide which drugs will be scheduled as illegal for distribution to the public, i.e., cocaine, heroin, ectasy,
In theory the DEA could make asthma inhalers illegal or change the schedule level for the inhalers. Thereby controlling the use of the product to their desires and not to the desires of the medical doctors prescribing the inhaler. Medical doctors, not DEA Administrators or agents, are the proper party to determine what products are safe for the public.
California State Representative Carole Migden has introduced a resolutions to end federal raids in states that have legalized medical marijuana. More people are hurt and killed by alcohol than any other drug. Yet the abuse of alcohol carries no penalty unless the abuse is behind the wheel of a car. (DUI)

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Posted In: Drug Charges

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The FBI has defined White Collar Crime as an economic crime. Many definitions of white collar crime include the characteristics of the defendant as being wealthy to the crime being one of deceit. This typically is embezzlement, bank fraud, or what most consider economic crime. The Enron case was the typical example of white collar crime; very wealthy defendants charged with fraud. This accounting fraud has become a new breed of indictment in recent years. South Carolina has rarely used this as a basis for an indictment. Many South Carolina white collar crimes are related to bank fraud, wire fraud and recently mortgage fraud. Many lawyers in South Carolina have not had to defend clients for white collar crime. In Miami, white collar crime is a popular indictment. Sophisticated transactions can be mistaken for fraudulent actions if viewed in the wrong light. A good criminal defense lawyer will know how to represent a white collar defendant in the best possible way.
South Carolina has one of the lowest percentage of white collar crime indictments in the country. This will change as South Carolina continues to grow. The recent explosion of development in Myrtle Beach, Charleston and Greenville will create an environment for the expansion of the investigations by the United States Attorney for South Carolina. This expansion will included white collar crimes investigations. As mentioned in earlier discussions, mortgage fraud will be a white collar crime ripe for indictments.

Continue reading " South Carolina White Collar Crime: Accounting Fraud " »

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Posted In: White Collar Crime

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The South Carolina legislature is in the process of passing new legislation that would require a state license for mortgage lenders. South Carolina and Indiana are the only two states that do not require a license for mortgage lenders. This new law will also provide for criminal penalties. The FBI has previously ranked South Carolina as one of the top ten states for mortgage fraud. Although this new law, The Mortgage Lending Act, will provide state law enforcement with a new tool, there are still federal mortgage laws that can affect mortgage brokers and mortgage lenders for their actions in the past several years. Mortgage fraud will be a target for the United States Attorney in the coming months. The more foreclosures and mortgage defaults that occur, the more the government will be investigating the lending practices of mortgage companies. These mortgage fraud indictments will be hard for a criminal defense attorney to defend. Most juries will not have sympathy for mortgage brokers or lenders. The borrower will be extremely sympathetic to a jury. With the mortgage fraud indictment there may also be the conspiracy count, a possible RICO count, and a wire or mail fraud count depending on how the mortgage was completed. Recent over developed areas will be targets for federal investigations. Myrtle Beach, Charleston, Miami Beach, and Miami have suffered losses with recent real down cycles.
Criminal defense lawyers representing mortgage companies or lenders must be aware of possible forfeiture counts and defenses to fraud. The key witness to this case will be the borrower who is seeking to get out of a substantial debt. Many borrowers over extended during the real estate boom of the past 10 years. The legitimate mortgage broker or mortgage company may be the scapegoat to a troubled borrower. The mortgage broker decisions will be evaluated by what information is provided to banks and lenders. Any false statements on mortgage or loan documents that a broker or mortgage company was aware of or had a duty to investigate will form the basis for an investigation. Once major lenders begin complaining about false statements they were provided in the lending process, the mail or wire fraud indictment becomes a real possibility.
A Federal Court in Atlanta sentenced five defendants to federal prison for mortgage fraud in April of this year. One defendant was from Hilton Head, South Carolina. The indictment charged bank fraud, wire fraud, conspiracy and money laundering. The group used inflated mortgage loans to unqualified straw borrowers. These unqualified borrowers were paid hundreds of thousands of dollars for their participation in the fraud. The use of false qualifying information is key to these indictments. The lending information passed on to the lending company will be the star exhibit in the trial. This case is just the beginning of the United States Attorney aggressively prosecuting mortgage fraud cases. Just as when Enron cost the public millions of dollars, the more the real estate market hurts the country, the more indictments will be served. Mortgage fraud and wire fraud defenses can be presented by prior actions of the defendants in their lending process and the very hard defense of lack of knowledge. Federal case law provides for a deliberate ignorance instruction. This instruction allows the prosecutor to tell the jury that a defendant charged with fraud intentionally ignored facts that would have lead a normal person to question the information being provided. In other words a mortgage broker or company would need to almost polygraph the borrower on the information they provide on the loan. If the borrower comes in with fake documents, false tax returns and other documents to support the loan, the mortgage broker may still be held accountable. I have been the defense lawyer for individuals charged with fraud and know very well the difficulties with fighting the government on these charges

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Posted In: Fraud

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Cities in South Carolina, such as Columbia, Hilton Head, Greenville, Spartanburg, Myrtle Beach and Charleston, were seen as minor drug related areas in the South. Florida was the cocaine capital of the Southeast for many decades. In the past several years the amount of cocaine entering South Carolina has increased dramatically. The influx of Mexican drug organizations has increased the flow of drugs. The DEA has been investigating the use of Interstate I-20, I-26, I-95 and I-85 to move drugs across South Carolina. South Carolina is centrally located in between Miami and New York, which allows for the ideal distribution for the East Coast drug trade. Interstate 95 is a one way shot between Miami and New York and has no major cities in South Carolina. Florence is the largest city in South Carolina with direct access to Interstate 95. The Port of Charleston has also been utilized for importing cocaine, marijuana and other drugs into South Carolina.
According to the DEA South Carolina was once considered just a consumer state and not a source state. In the past few years South Carolina has become a transshipment corridor for cocaine, heroin, cannabis and other illegal drugs. Our office has defended many clients for importation of cocaine in Miami, Florence, Charleston, Palm Beach and many other cities throughout the South. In 2007 the DEA seized 477 kilograms of cocaine in South Carolina. This number does not include the seizures by SLED or local law enforcement agencies. The DEA has a smaller presence in South Carolina compared to Texas, Florida or New York. We have a criminal defense office in Miami, Florida. This was the basis for most of our experience in defending drug trafficking cases throughout the Southeast. With the increase in drug charges in South Carolina, we opened up an office in South Carolina to defend individuals indicted for drug trafficking, money laundering and other drug related offenses.
There has also been an increase in meth labs in South Carolina. Many rural areas have been producing crystal meth. The DEA seized 24 meth labs in 2007. The effects of meth in the poor regions of South Carolina have caused an increase in other areas of crime. Crystal Meth is very inexpensive compared to cocaine. Areas like Charleston and Myrtle Beach do not have the high level of crystal meth. Cocaine and marijuana are more prevalent in the metropolitan areas. We have defended clients for meth labs and marijuana grow houses in Florida, Georgia and South Carolina.

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Posted In: Drug Trafficking

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The latest DEA investigation into the selling of drugs at San Diego University has lead to the arrest and possible indictment of dozens of college students. Each student will need a criminal defense attorney and the United States Attorney will most likely prosecute the cases. The Drug Enforcement Administration investigation into drugs sales (especially cocaine) was started when a student at San Diego University died from a cocaine overdose last year. This was the spark that started the investigation. As far as I have seen, 2 students died in the past year at this University from cocaine abuse. From a statistical view, this is a very small number of deaths when compared with alcohol related deaths. The number of DUIs on college campuses compared to drug related facilities is tremendous. The college’s students that were arrest for drug trafficking at San Diego University will have several options once they are indicted.

The DEA and the US Attorney’s Office will most likely try to get the lower level dealers to cooperate against the students who were making the most money on the drug ring. In exchange for shorter prison terms, the lower level drug dealers will have to testify against the leaders of the operation. The students will most likely be charged with several types of federal and possible state law violations. Money Laundering, RICO (Racketeer Influenced and Corrupt Organizations), drug trafficking, possession with the intent to distribute, simple possession, and the one federal count that is included in almost every federal indictment “CONSPIRACY.” Conspiracy is the catch all to a federal indictment. Our office has defended many clients in federal court, and it is extremely rare to be charged in federal court, without a conspiracy count being included. Almost any act, communication, or participation in a criminal act will provide the basis for a federal indictment of conspiracy.

In San Diego, any students that delivered drugs, collected money, sent messages (text, email, telephone calls), provided delivery information or in very general terms participate in the organization could be indicted in this case. There may be several students that will be released and not charge with cocaine related offenses. The best they can all hope for is the hiring of great criminal defense lawyers. We have represented clients in Federal court in Florida, South Carolina, Michigan and Georgia. I know from experience that federal drug trafficking indictments are extremely hard to beat.

Posted by Russell Mace | Permalink | Email This Post

Posted In: Drug Trafficking

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