South Carolina Criminal Lawyer Blog

A Loris Woman has been charged by the Solicitor's Office in Conway with embezzling $150,000.00 from a Linen business. The woman was being investigated by the South Carolina Law Enforcement Division and the Loris Police Department. The woman will have court later this year. Embezzlement is a white collar crime. This means that the crime had not violence and was based on a financial gain. Embezzlement is the acquiring of assets (usually cash) through dishonesty while in a position of control over the assets. In this case it is not clear yet as to the position the defendant held at the company. It is obvious that the defendant had to have been in a position that allowed access to the financial resources of the company. These type of charges will usually require restitution for the amount that is alleged to have been embezzled.

One key piece of evidence will be the defendant's financial status and records. Did the defendant have bank deposits that do not match the income level of the defendant? Law enforcement will seek to build the case on a paper trail of information. It is unclear as to what Myrtle Beach Criminal Defense Attorney will be representing the defendant. One of the first things that should be considered is the defendant's ability to repair the embezzled funds. A determination on whether the solicitor can prove the case must also be considered based on the discovery provided. Our South Carolina Defense Lawyers are experienced in defending embezzlement indictments.

Continue reading " Loris Woman Charged with Embezzlement " »

A Charleston Police Officer was sentenced this week for an incident that occurred 2007 where the officer was charged with violating the civil rights of suspect. The Officer had pursued the suspect in a high speed chase through Charleston. The officer was alleged to have kicked the suspect several times after he was hand cuffed. This allegation brought about a federal investigation into the officer's conduct and then a federal indictment in Charleston. The officer was represented by criminal defense attorneys in Charleston. In this type of situation it is not uncommon for an officer to strike a subject during the arrest. There is a serious danger of harm and even death when a pursuit is on public streets at high speeds. There are several police departments throughout his country that have an unwritten policy regarding fleeing and resisting arrest. This policy at times is called a "Tune Up." The theory is that a defendant may walk on the charges at some point, but he is going to go for a ride to the jail.

In this case the suspect refused to stop and endangered the lives of civilians as well as the police officers. The United States Attorney makes the decision to present this case to the federal grand jury in Charleston. This is not a case that should have been indicted. There were no permenant injuries to the subject and it appears his record was extensive. This was not the case to make an example for the othe police officers in Charleston. Having defended police officers in Miami for very serious violations, this does not come up to the level of a federal indictment. This case could have been handled within the department.

The officer was sentenced in the Federal Courthouse in Charleston by Judge Norton to 8 months in a halfway house and 8 months home detention. All federal judges review the United States Sentencing Guidelines when determining an appropriate sentence. In this case the officer most likely had no prior record and his criminal history was a catagory 1. Judge Norton also noted at the sentencing that the suspect failed to appear and had minor injuires related to the incident. The sentencing phase of this type of federal case is critical. A good Charleston federal defense attorney will prepare a sentencing memorandum to assist the defendant at sentencing. Federal Judges review these defense memorandums prior to sentencing.

Police Officers also have federal rights that go beyond the norm. Garrity is a case that allows officers to cooperate with an internal investigation without criminal prosecution. This right can back fire without a good attorney. Our South Carolina Defense attorneys are experienced in handling Garrity issues.

Continue reading " Charleston Police Officer Sentenced " »

The mortgage crisis, the falling economy, and stress related to money is causing an increase in divorce filings in South Carolina. This increase is most likely occuring across the world. The increase is based on many factors, but many times money or lack of money is a big issue that is listed for the divorce. Filing for divorce has become much easier in most jurisdictions. However, South Carolina is one of the very few states that make it difficult to get divorced and parties almost always need to have an attorney.

Filing for Divorce in South Carolina is time consuming and not a quick process. South Carolina limits the ways a divorce can be granted by a family law judge and requires a final court order to finalize the divorce. A good divorce attorney in South Carolina will be able to make the process as painless as possible. Our Divorce attorneys in Myrtle Beach represent parties in many family law cases from divorce, child custody, ailmony, and division of property. Even with none of these issues the process still takes time and the guiding hand of a good divorce lawyer in Myrtle Beach. Any filing for divorce in Horry County must be done in Conway. All divorce proceedings for Horry County are handled at the main courthouse in Conway. From temporary hearings to divorce trials, all family law issues are resolved in Conway.

Our firm has opened in a new location and we have dedicated part of the office to divorce litigation in the Myrtle Beach area. Our Myrtle Beach divorce attorneys are ready to help you with your case.

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More indictments have come down in Miami for mortgage fraud. As I have been writting for the past several months, this is the new target area for the United States Attorney for the Southern District of Florida and many other executive agencies. This latest indictment has been filed against Peter Affatati, Anthony Affatati, Anthony Cuomo, and Brian Schiltz. The defendants made their initial appearances in Federal Court in Ft. Lauderdale and West Palm Beach. These Mortgage Fraud indictments have many of the common issues presented in any fraud case. There are allegations of "straw buyers" who bought property with no intent to keep the property, but rather to refund money back to the seller or broker. There are also allegations of creating false information on mortgage applications. This can include anual income, expenses, overstating the value of the property.

Many times the appraiser of the property is in on the mortgage fraud. The appraiser comes in and over values the property in the formal appraisal that is submitted to the lending institution. The institution relies on the appraisal when issue the loan more than any other document. Many defendants in mortgage fraud indictments fail to look at the elements of the offense. These indictments are not straight forward unless a codefendant goes to the government and says,"hey, we were trying to defraud the bank." Many fraud indictments are directly related to the lender not investigating the information provided by the borrower.

In this case there are also allegations of wire fraud, investment fraud, foreign exchange fraud and at some point mail fraud will come into play. Defending a mortgage fraud indictment is time consuming and must be taken very seriously. If you are indicted for mortgage fraud you are facing prison time and a substantial fine. Hiring a good white collar criminal defense attorney to defend your case is critical. There will not be a second chance to defend you case. Our mortgage fraud defense attorneys are happy to speak with you about your case and we handle federal indictments all over the courtry.

Continue reading " More Miami Mortgage Fraud " »

The FBI has released statistics showing a significant decrease in the amount of white collar crime investigations it has untaken in the past several years. Much of the agency's resources have been tasked to counter terrorism. This shift caused the assignment of over 1,800 FBI agents to the counter terrorism task force. This shift in policy is now changing. The FBI is now back in the business of prosecuting white colla crime.
In recent months the Federal Bureau of Investigation has launched over 1,500 mortgage investigations. This number will increase as the economy suffers from the mortgage crisis. Congress is now calling for an increase in the annual budget for the Bureau to investigate economic crime. This increase will create a large number of white collar federal indictments. These indictments will range from mortgage fraud, bank fraud, investor fraud, wire fraud, mail fraud and money laundering. The Bush administration began prosecuting business crime in the first term, but in the second term recommend that the Justice Department take a more friendly approach to business. This has brought about the decrease white collar crime prosecution. That trend is on its way out.
Anyone who has caused the downfall of any company will be held responsible for this down fall. Years ago this was the business judgment rule when a company went out of business or had significant losses. Now it is fraud. Defending a white collar indictment takes time and effort. The key to the defense is showing a defendant did not have the intent to defraud the company or anyone else in the indictment. Our white collar defense attorneys are experienced in defending federal indictments all over the country. Knowing the sentencing guidelines and how to limit a client's exposure and being a trial lawyer are key to a good defense.

Continue reading " Federal Bureau of Investigation Decreases White Collar Investigations " »

A man from Myrtle Beach has been criminally charged for leaving his baby unattended in a car while he was inside a local strip club. He told local authorities that he was at the gentlemen's club to get his wife's cell phone, who was dancing on stage. He was charged with unlawful conduct towards a child. Once arrested, police gave custody to the mother who took the child home.

Although he is currently charged with unlawful conduct towards a child in Myrtle Beach, he could have also been charged with child neglect, child endangerment, or child abuse. He will most likely be court ordered to take parenting classes and may have to take drug and alcohol classes depending on the circumstances.

In criminal cases involving children, the Department of Social Services (DSS) may also become involved depending on the facts of the case, including cases involving domestic violence. If DSS becomes involved, a Guardian ad Litem may be appointed by the Court to conduct an investigation and to determine if the parents are fit to take care of their children. A Guardian ad Litem represents the children in court, and the family court judge usually heavily relies on their findings and conclusions. A Guardian ad Litem usually meets with the children several times, interviews the parents, friends, family, and subpoenas school records.

If DSS feels that the parents are unfit, termination of parental rights proceedings will be conducted. However, the parents are entitled to have a trial in the Family Court before loosing their children because of the serious constitutional rights involved in these types of cases.

Continue reading " Father arrested When Infant found Outside of a Strip Club " »

In Conway a man was allegedly assaulted by two men after he "got the best of the them" in a verbal exchange. The man's lip was swollen ad he had a bump on his head according to the local police report by the City of Conway Police Department.

A person charged with criminal assault, battery, aggravated battery, aggravated assault, or aggravated battery with intent to kill will mostly likely be charged with a felony and will have to appear in General Sessions Court in Conway, if arrested in Horry County, including Myrtle Beach, or North Myrtle Beach.

If charged with simple assault or battery, he charge is most likely a misdemeanor and the defendants will have to appear for an initial appearance, roster call, or court hearing in a municipal court or magistrate court in North Myrtle Beach, Myrtle Beach, Surfside Beach, or Conway.

An assault is a threat of physical force against another person and battery is the harmful touching of another person. The report does not state in this case whether the two mean involved have been arrested or our currently facing criminal charges.

Continue reading " Conway Man Assaulted After Joke Goes Wrong " »

It has recently been reported that Guy Ritchie and Madonna have reached an agreement in their divorce. They did not have a prenuptial agreement and it was first thought that their divorce could be as bitter as Heather Mills and Paul McCartney, Madonna even hired McCartney's attorney, however, the couple has managed to come to an agreement rather quickly.

Although the couple has resolved their divorce, Ritchie may have been able to allege adultery in his complaint as the reason for the couple's divorce due to allegations that Madonna had an affair with Alex Rodriguez. In order to prove adultrey in South Carolina, the pleading party must show opportunity and inclination, however, the party alleging adultery does not have to prove that the cheating spouse actually had sexual intercourse with another person. It is common for the pleading party to prove adultery through the testimony of a private investigator.

However, based on recent reports, Madonna and Guy Ritchie's divorce is uncontested and has settled almost immediately by an agreement. Madonna will keep the bulk of her estate, while Ritchie will gain roughly 60 million in assets, including a London pub, an estate in london and a monetary sum. The monetary sum may be construed as alimony, on other words a lump sum. In South Carolina, a party can ask for temporary alimony, permanent and periodic alimony, or a lump sum.

If Madonna and Ritchie resided in South Carolina and they were seeking a no fault divorce, they would have to be separated continuously for a year before their divorce would be granted. Fault grounds include habitual drunkeness, physical cruelty, adultery and abandonment.

It has not been reported how the parties came to an agreement regarding the children, including child custody, child support, and visitation. The parties have not disclosed this information, however, one party will be the primary custodial parent and the other party will have visitation and may have joint custody.

Continue reading " Madonna and Guy Ritchie Reach Divorce Settlement " »

In local news, Myrtle Beach police recently arrested a young woman who was found dangling from a motel balcony. Police safely rescued her, but she was arrested for intoxication charges. She will most likely be charged with public intoxication, a misdemeanor, and will have to appear for a bond hearing and subsequent court hearings at the Myrtle Beach Municipal Court on Oak Street in Myrtle Beach. She should hire a myrtle beach criminal defense lawyer to assist her with her defense.

Municipal Courts are located in Myrtle beach, North Myrtle Beach, Conway, Surfside, Green Sea and Loris. If you are arrested for an offense that is not a felony in Horry County, you will most likely have to appear for court at one of these locations.
In this case, if the young woman is charged with a felony, she will have to appear in General Sessions Court in Conway, South Carolina.

A more serious crime relating to alcohol is a DUI, driving under the influence of alcohol. If you are charged with a DUI, you will not only be arrested but you may also loose your driver' license. Additionally, receiving a DUI in South Carolina may make your insurance premiums increase, therefore, it is important to hire an attorney with experience handling DUI's in Myrtle Beach.

The Federal Bureau of Investigation has several programs in South Carolina that they have instituted to combat white collar crime. Their white collar crime program covers a variety of related federal offenses.

The following are examples of what is covered by the White Collare Crime Program:
Insurance Fraud
Money Laundering (Usually Related to Drugs)
Financial Institution Fraud (FIF, i.e. Bank Fraud)
Telemarketing Fraud (Especially against Seniors)
Environmental Crimes (Dumping and Polution)
Public Corruption (Bribes)
Health Care Fraud (Medicare Fraud)(Medical Over Billing)
Bankruptcy Crimes (Usually Business Related)
Securities Fraud (Mortgage Fraud could be included here)

These criminal investigations in South Carolina are prosecuted by the United States Attorney in South Carolina. Walter Wilkins is the current United States Attorney in South Carolina. There is also a Federal Public Defender in South Carolina. Parks Smalls is the Federal Defender for South Carolina. The FBI has field offices in most of the cities in South Carolina. The FBI has offices in Myrtle Beach, Florence, Charleston, Columbia (Main Office), Greenville, Aiken and several other smaller cities in South Carolina.

Most of the high profile cases are listed on the FBI's website and the United States Attorney website for South Carolina. These press releases give the public a view as to what is being investigated and prosecuted by the government. All of these listed investigations have been indicted by the government. Defendants are indicted in the region in which the government feels the crime has been committed. Our office defends federal indictments all across the country. Defending a federal indictment takes experience, hard work and a willingness to communicate with a client about the government and its policies on white collar crime. A good Federal Defense Attorney in Columbia can help minimize your exposure to a federal indictment.

Continue reading " FBI and White Collar Crime in South Carolina " »

Robert Parker has been charged with murder. His case was in the media as he is alleged to have shot and killed his wife in the Loews parking lot in North Myrtle Beach. This case is based on a divorce between Mr. Parker and his wife Donna Parker. The couple was apparently together at the Loews in North Myrtle Beach after the police had been to their how several times for criminal domestic violence. Normally a criminal domestic violence charge will automatically have a restraining order. The Sun News reported that the Horry County Police Department responded to the former address of the Parker's 13 times in just over a month. This would require some type of arrest for criminal domestic violence in Horry County.
The Sun News also has reported that the couple was fighting over their business and employees. The Parkers were in the process of getting a divorce, but it seems they were still having to spend a substantial amount of time together. There was a divorce case and the Parkers had divorce lawyers in Myrtle Beach. Every time the police are called to a domestic violence case they usually arrest one of the parties. In this case it appears that one of the Parkers would always leave prior to the police arriving.
Mr. Parker is going to need to hire a very good Myrtle Beach Attorney to represent him in his case. He will need to be evaluated to determine if he was competent at the time of the shooting and whether the shooting was in self defense.

Continue reading " Horrry County Man Charged with Murder in North Myrtle Beach " »

The South Carolina Supreme Court has ruled against William Gaines in his appeal of a jury verdict finding him guilty of Solicitation of a Minor. This is a relatively new statute in South Carolina. Gaines was charged with 3 counts of solicitation and was sentenced to 10 years in prison. This case presented several trial issues that were appealed. The most interesting issue was the attempted use of the entrapment defense. Gaines was solicited by law enforcement after he reached out to what he thought was a minor in Philadelphia.
South Carolina Law Enforcement Division (SLED) then made contact to Gaines via the internet. They portrayed themselves as a 13 year old girl in Columbia, South Carolina. The trial court allowed Gaines messaging to the Philadelphia police to be admitted to the South Carolina jury, even though Gaines was not charged with a crime related to these communications.
Next, the court ruled that Gaines was not entitled to the entrapment instruction to the jury. The court rule that for entrapment to be presented the defendant must show some government inducement and lack of predisposition to commit the crime by the defendant. In this case, the State and Court are relying on Gaines prior actions to defeat his request for the entrapment instruction. If there is any doubt about the giving of the instruction, it should be given.

The South Carolina Statue on Solicitation is as follows:
"(A) A person eighteen years of age or older commits the offense of criminal solicitation of a minor if he knowingly contacts or communicates with, or attempts to contact or communicate with, a person who is under the age of eighteen, or a person reasonably believed to be under the age of eighteen, for the purpose of or with the intent of persuading, inducing, enticing, or coercing the person to engage or participate in a sexual activity as defined in Section 16-15-375(5) or a violent crime as defined in Section 16-1-60, or with the intent to perform a sexual activity in the presence of the person under the age of eighteen, or person reasonably believed to be under the age of eighteen. (emphasis supplied)."

A good Columbia criminal defense lawyer would have to make every effort to ensure that the entrapment defense is viable and the jury instructions is read. There are only a few defenses to solicitation of a minor. Alibi, entrapment, misidentification and legal impossibility. These defenses must be examined by the criminal defense lawyer.

Continue reading " South Carolina Supreme Court Rules on Solicitation of Minor " »

Greenville online has reported that there may be an element of fraud in at least 20% of foreclosures. The South Carolina Mortgage Fraud hotline is getting a large number of calls on a daily basis. The statistics listed on foreclosure rates by Greenville online show that 1 of every 621 homes in South Carolina are being foreclosed. The loans that were granted for these properties were not properly investigated. Borrowers overstating their income and mortgage brokers assisting with the fraud will be facing a federal indictment in the coming year. The United States Attorney for South Carolina and the Federal Bureau of Investigation (FBI) are taking these cases to grand juries for indictments.
The FBI has stated taht the repackaging of mortgages will also be a target of their investigation. This includes the secondary sale of mortgages. It is even more difficult for the secondary buyer to spot the fraud.
The FBI listed South Carolina as one of the top 10 states for mortgage fraud. With such a small population in South Carolina, this could mean there is even more fraud here than in the other 9 states. Anyone under investigation for mortgage fraud needs to contact an attorney as soon as possible. Any statement or document produced for investigators could be used by the government as evidence of a mortgage fraud indicment.

Continue reading " Greenville Mortgage Fraud Practices " »

South Carolina has made several amendments to its' driving under the influence law. The new law will take effect in February of 2009. The new law is much more strict and opens up the possibility of jail time for the first offense. South Carolina has been a very lenient state when it comes to DUI law. This new law will have a dramatic effect on DUI litigation.
A DUI in North Myrtle Beach will be prosecuted by the City of North Myrtle Beach. The City Attorney for North Myrtle Beach will be the attorney representing the government. It is important to hire a South Carolina Criminal Defense Attorney to represent you in any defense.
A DUI in Myrtle Beach will be prosecuted by the City of Myrtle Beach. The new DUI law will put more pressure on the Myrtle Beach DUI attorney to prevent the client from facing jail time.
There obviously are no statistics on how the new law will affect drunk driving violations in South Carolina. One big factor in determine the real outcome for the new law will be DUI related deaths in 2008.

Continue reading " New South Carolina DUI Law to Start in 2009 " »

Greenville online has reported that there may be an element of fraud in at least 20% of foreclosures. The South Carolina Mortgage Fraud hotline is getting a large number of calls on a daily basis. The statistics listed on foreclosure rates by Greenville online show that 1 of every 621 homes in South Carolina are being foreclosed. The loans that were granted for these properties were not properly investigated. Borrowers overstating their income and mortgage brokers assisting with the fraud will be facing a federal indictment in the coming year. The United States Attorney for South Carolina and the Federal Bureau of Investigation (FBI) are taking these cases to grand juries for indictments.
The FBI has stated taht the repackaging of mortgages will also be a target of their investigation. This includes the secondary sale of mortgages. It is even more difficult for the secondary buyer to spot the fraud.
The FBI listed South Carolina as one of the top10 states for mortgage fraud. With such a small population in South Carolina, this could mean there is even more fraud here than in the other 9 states. Anyone under investigation for mortgage fraud needs to contact an attorney as soon as possible. Any statement or document produced for investigators could be used by the government as evidence of a mortgage fraud indicment.

Continue reading " Greenville Mortgage Fraud Practices " »

Florida has been ranked by the Federal Bureau of Investigation (FBI) has released information for this year related to mortgage fraud. Florida has been ranked the No. 1 state for mortgage fraud. The number of indictments will increase throughout Florida in 2009. There are hundreds of investigations underway. There will be mortgage fraud charges in Miami for sure. The large number of condo sales and the high price market all bring out the large numbers that the government will be looking for in a fraud indictment. Other areas of the state such as Orlando and Tampa may also have a dramatic increase in mortgage fraud indictments.
We have criminal defense attorneys in Miami who handle mortgage fraud indictments. These indictments require an aggressive defense. There is always a large sum of money the government is looking to receive from the defendant, along with some prison time. The amount of what we refer to as exposure, will depend largely on the amount of money that is taken in the fraud allegation. The straw buyer, the appraiser, the mortgage broke and the seller are all possible defendants in a mortgage fraud indictment. Our defense attorneys travel all over the United States representing clients on federal indictments. We have a team of investigators and when needed expert witnesses to assist with defending a mortgage fraud indictment.
Our Miami criminal defense attorneys are available 24 hours a day and 7 days a week.

Continue reading " Florida Mortgage Fraud Indictments " »