South Carolina Criminal Lawyer Blog

The State confirmed that Andrew Nelson of Irmo, South Carolina has been arrested as a result of an alleged marijuana-growing operation at his home. The Lexington County Sheriff's Department stated that he has been charged with manufacturing marijunana. Approximately twenty (20) marijuana plants, which is valued close to $20,000 were found in the home. Nelson is currently awaiting a bond hearing.

In these types of cases, law enforcement agencies usually conduct a prolonged investigation before initiating this kind of sweep. The officers must have had a suspicion that drugs were in fact in Nelson's home. This information was probably provided by a confidential informant or the result of an investigation into Nelson's activities. In either event, it is important not to speak to anyone until you have consulted with a defense lawyer about the case. An experienced defense lawyer would be able to advise you on the appropriate steps you should take in order to reach the most favorable outcome. This includes requesting discovery documents to determine the amount of evidence that may be used against you during trial. It is the responsibility of your attorney to inform you of all your options and provide you with all information in order to make the best decision on your case.

Continue reading " Man Charged in Marijuana Operation " »

The Federal Bureau of Investigation in Columbia has confirmed that former state representative, Robert Kohn, has been convicted of insurance fraud. Kohn worked as an insurance consultant and assisted companies on worker's compensation claims. Between the years of 2002 and 2004, Kohn helped a company by the name of Knight's Services prepare its annual insurance submissions. When submitting the information to Companion Property & Casualty Insurance Company, the payroll figures were exaggerated in order to avoid higher premiums. There was approximately $370,000 in premiums that both the company and Kohn saved. Kohn could face up to $250,000 in fines and a term of imprisonment of twenty (20) years. He is currently awaiting sentencing.

When an individual is being tried or has been convicted of fraud, the penalties are usually quite substantial depending on the amount of currency involved and the extensiveness of the conspiracy. It is important to hire a criminal defense lawyer that will be able to protect your best interests and advise you on any precautions you may need to take. Until you have spoken with an attorney knowledgeable in the field of fraud, you should not speak with anyone about the case. Our criminal defense lawyers in South Carolina are very experienced with federal indictments and can help you with your case.

Continue reading " Insurance Fraud " »

According to the South Carolina Judicial Department, the Court of Appeals affirmed the lower court's decision in State v. Perry Keith Strickland. Strickland was previously convicted of voluntary manslaughter and ABHAN (assault and battery of a high and aggravated nature). He argued in his appeal that the trial court erred in denying his motion for a directed verdict. This type of motion is usually presented during a jury trial, where the presiding judge decides which side wins prior to a jury verdict. In Strickland's case, he believed that he had established self-defense as a matter of law; however, the Court of Appeals disagreed. They found that Strickland did not meet each of the four (4) requirements for an argument of self-defense and that the lower court followed correct procedure in submitting the case to the jury.

On several occasions in Strickland's trial, the testimony was contradictory as to the events that transpired. Allegedly, an argument occurred and Strickland and two (2) other males began fighting. The Court of Appeals found that the circumstances of this case could not be decided based solely on a matter of law, but by that of a jury that can interpret the facts. Therefore, the Court reasoned that the case was properly presented before a jury.

In this type of instance, it is important to hire an experienced appellate lawyer in South Carolina that can ensure that all of the issues on appeal are raised. Strickland was not able to prove his self-defense claim and as such, his appeal was affirmed. When reviewing the transcript of proceedings, an attorney should be able to advise you on the appropriate and non-frivolous issues that need to be addressed within your initial brief. Our South Carolina lawyers handle appeals on both the state and federal level and can assist you with your appeal.

Continue reading " Strickland Appeal Affirmed " »

United States District Judge Amy St. Eve has released Conrad Black from federal prison pending the outcome of his federal appeal. The bond is set at $2,000,000.00. The federal judge allowed Black out based in part on the U.S. Supreme court's recent decision regarding the "honest services" defense. Black was convicted of defrauding shareholders of his company Hollinger International Inc. through fake non-compete agreements that benefited Black. Black's federal defense attorneys were able to successfully get him a bond by arguing that this Supreme Court decision could affect his sentence and previous trial outcome. In federal court there are limited circumstances that allow a convicted defendant be released on bond pending the appeal. Most of those situations revolve around white collar cases. Most white collar defense attorneys have an appellate lawyer they can rely on to handle this area of the case.
Once a person is convicted by a jury or pleads guilty to a federal indictment, sentencing usually does not occur for several months. Many federal defense attorneys are able to keep their clients out of custody until sentencing. Once sentencing occurs most defendants that are sentenced to a term of imprisonment are taken into custody that day. The federal defense lawyer must be ready to present evidence to the federal judge showing that the defendant should be allowed to stay out pending the appeal. The judge will usually deny this request without some solid argument being presented by the defense attorney. In Black's case he was taken to prison and was only released because of the recent changes in the Supreme Court's interpretation of the law. The 7th Circuit Court of Appeal granted his release. Black's case was the case the Supreme Court reviewed under this issue and he had been found not guilty of most of the counts of fraud in his indictment. Black, unlike many defendants, was able to hire a very effective federal defense attorney and a very effective federal appellate attorney.

Continue reading " Bond Granted to Conrad Black Pending his Federal Appeal " »

According to the Federal Bureau of Investigation in Miami, Michelle Fletcher and Ahmed Shahid have both been sentenced for charges related to bank fraud. Fletcher was sentenced to twelve (12) months and one (1) day in prison after pleading guilty to three (3) counts of making false statements on loan applications. The false applications were approved by four banks and loans were provided to her in the amount of $200,000. Fletcher was ordered to pay $125,000 in restitution to the banks during her sentencing.

Ahmed Shahid was sentenced to eight (8) months imprisonment after he plead guilty to misprision of a felony. He did not inform the authorities about individuals defrauding the banks and will now have to pay $1,313,030 in restitution. These cases are considered to be white collar crimes becaues of the financial incentive involved; however, these crimes hold harsher penalties as far as restitution is concerned. If found guilty, the restitution penalty is usually imposed in accordance with the amount of currency within the alleged crime.

In these types of instances, it is important to hire an attorney that is experienced within the field of white collar crime. A criminal defense lawyer will be able to provide you information on the procedures of the federal system and attain the discovery in order to determine how much evidence the government actually has on the case. The government is required by law to provide any information that they have pertaining to the case and reviewing these documents is vital before accepting any plea offer that may be given.

Continue reading " Bank Fraud in Florida " »

According to the Federal Bureau of Investigation in Columbia, Jill Brennan, a former Bank of America employee in Myrtle Beach has plead guilty to conspiracy to commit bank fraud. She will probably be sentenced in the coming months, after the presiding judge reviews the presentence investigation report. During her Change of Plea Hearing, evidence was presented that Brennan was involved in the alleged bank fraud with mortgage brokers from Dune Mortgage. She would certifiy Bank of America Verification of Deposit Forms for them, which confirms that the account is active within the bank and the funds are available. She would certify these documents while knowing that individuals had been added to the account fraudently. She certified one of the forms to Royal Bank of Canada-Centura with false loan packages that were approximately $1,364,500.00. Brenna could receive up to thirty (30) years imprisonment for the charges against her as well as $1,000,000.00 in fines.

While awaiting a sentencing hearing, a defendant's attorney will likely file a Sentencing Memorandum in the hope of persuading the judge to sentence their client to the lower level of the guidelines or disregard the guidelines altogether. This memorandum is very important because the judge is able to review the facts of the case prior to sentencing. Your defense attorney may also file objections to the presentence investigation report (PSR) before the sentencing date if there are any discrepancies in the documents. If some of the information in the PSR is inaccurate, this could result a longer term of imprisonment, so it is important to review it carefully. These are all issues that vary from case to case, and it vital to hire an experienced criminal defense lawyer that will be able to advise you on all of the options that are available within your case. Our attorneys realize that being federally indicted is a difficult and often traumatizing experience, so we dedicate as much time as possible to each of our clients.

Continue reading " Bank Fraud " »

According to the Associated Press, federal authorities have arrested thirty-six individuals from five states who are allegedly involved in a Medicare scheme that totals approximately $251 million. This is reported as "the largest Medicare bust ever." Most of the suspects were arrested in Miami, Florida, which is considered the center for most of the medicare fraud investigations. There have been ninety-four (94) suspects indicted in this conspiracy and it is anticipated that there may be several more. There are also doctors and nurses that are accused with being involved in billing Medicare for unnecessary equipment, therapy and treatments.

There were more than 360 agents participating in these arrests and several have provided details relating to the indictment. Investigators have confirmed that patients were being recruited in the schemes, so that the information submitted to Medicare appeared reliable. These individuals are paid for allowing the companies to use their name and are never provided any of the services that are submitted to Medicare. They were even given additional payments for recruiting other members. As a result, researchers report that this type of crime has expanded and become even more widespread.

Since this indictment includes several suspects, the government will likely try to offer plea agreements to the lower level individuals charged in the conspiracy in exchange for information relating to the higher level offenders. Due to the large amount of defendants involved in this case, many will probably attempt to cooperate in order to receive a lesser term. This is the reason it is important to hire an experienced medicare fraud attorney to protect your best interests and determine the options that are available within your case. Our fraud lawyers in Miami, Florida are knowledgeable about these types of offenses and can assist if you are being charged with a crime.

Continue reading " Medicare Fraud Attorney " »

The South Carolina newspaper, The State, indicated that a man from Montauk, New York, Thomas Solheim, has been arrested for his alleged involvement in the 1992 murder of a sailor near the South Carolina naval base. Solheim's arraignment was originally scheduled for Wednesday; however, he had to be hospitalized due to seizures and the hearing was postponed. It is unclear as to the amount of evidence the government has against Solheim. Charles Welty apparently made a confession last week about his role in the crime.

In this type of case, the circumstances are not always clear and it is important to be provided with all information and discovery the government has to offer before speaking about the case to anyone. Any interrogation and/or confession at this stage could be incredibly damaging without consulting with an attorney first. A murder investigation is very serious and since this incident occurred in 1992, the forensics may not be wholly reliable and DNA testing may need to be conducted. It is the responsibilty of your defense attorney to determine the validity of the evidence in order to prepare a proper defense. Our South Carolina criminal lawyers are experienced within the state system and can assist you with your case.

Continue reading " South Carolina Murder Investigation " »

According the South Carolina newspaper, The State, three people have pled guilty in a drug conspiracy involving former Lee County Sheriff E.J. Melvin. Each of the defendants face a considerable amount of time in prison since the conspiracy involved both cocaine and cocaine base. Cocaine base is treated more strictly in the federal system and higher penalties are often enforced when the substance is involved in the criminal activity. Prosecutors in this case have stated that they expect to reach plea agreements with the other offenders within the indictment with the exception of E.J. Melvin, who is probably considered one of the leaders in the conspiracy.

When someone is arrested within a conspiracy, the prosecution will most likely attempt to have the lower level offenders plead guilty in exchange for a lesser sentence. Of course, despite a plea agreement, it is the role of the judge to decide whether the plea agreement is fair and valid and what sentence will be imposed on the individual. In these types of cases, the probation officer will draft a presentence report prior to sentencing in order to provide the judge with the defendant's criminal history. As such, it is important to hire an attorney that can ensure that accepting a plea agreement will be in your best interests. Our criminal defense attorneys in South Carolina are highly knowledgeable about the federal system and are very familiar with the sentencing enhancements that can be imposed with or without a plea agreement.

Continue reading " Defendant's Plead Guilty " »

When a person is indicted for medicare fraud, it can include a wide variety of issues and circumstances. Doctors are one of the most common defendants as they have access to facilities that are able to provide fraudulent information to Medicare. In most instances, patients are involved and recruited to participate in these crimes in order to gain a profit. This allows for offenders that are controlling the scam to appear like they are submitting legitimate claims. The government has began to investigate these types of crimes more often since the Medicare Fraud Strike Force was implemented. This task force has multiple agencies from the federal, state and local levels that are able to investigate these offenses 24/7 using data analysis techniques. As such, more individuals are being indicted and charged with medicare fraud.

In some cases, the evidence presented may be the result of clerical error, lack of supervision or untrustworthy employees. The persons charged are not always aware that a crime was occurring and may not have intended to defraud the government. Therefore, the goverment must prove that the crime was intentional under this charge. In order to protect your best interests, it is important to seek the advice of an experienced medicare fraud lawyer. Our attorneys are well aware of the penalties these types of cases hold and can assist you with your case.

Continue reading " Defending Fraud Charges " »

The Supreme Court of South Carolina reversed and remanded a case for resentencing on July 12, 2010 involving a criminal sexual conduct charge. Nicholas Boan, the petitioner in the matter, had also been charged with two (2) counts of lewd act upon a child along with the instant offense. At sentencing the judge orally announced that Boan would receive twenty years for the first offense; however, the written sentencing order indicated he would serve thirty years. His trial counsel made no motions to this error and Boan's direct appeal was dismissed. Boan attempted to file a motion for post-conviction relief and it was denied.

In addressing this sentencing issue within a writ of certiorari, Boan alleged that he had been provided ineffective assistance of counsel since his counsel failed to respond to the sentencing discrepancy relating to his first offense. The Supreme Court found that this case, in fact, passed the two-pronged test in determining ineffective assistance. Boan showed that his counsel was deficient in failing to file a motion and also proved that this mistake prejudiced him as he would have likely been sentenced to a lesser term. The Court also reasoned that an oral pronouncement is binding over a written order since a Defendant's due process rights would be violated otherwise; meaning the Defendant has a right to be present during sentencing. As such, the Supreme Court ordered the first offense be remanded to the lower court for resentencing.

In this type of case, it is important for your appellate counsel to review the transcripts from the record below in order to determine if there are any issues that can be addressed on appeal. Our appellate attorneys in South Carolina are knowledgeable in these types of cases and can assist you in your appeal.

Continue reading " Writ of Certiorari " »

According to the Federal Bureau of Investigation in Columbia, Thomas True of Mount Pleasant, South Carolina has been charged in an extortion conspiracy involving a six-count indictment. The indictment alleges that from June 3, 2010 through June 8, 2010 Mr. True conspired and attempted to obtain property from the victim with the use of threats consistent with the crime of extortion. This case is being handled by the District Court in Charleston, South Carolina and it is unknown on the amount of individuals that may be indicted in the future under this indictment.

The crime of extortion is the gaining of property and/or money by some type of force or threat. While it is similiar to theft, it is quite different from a robbery charge. The term robbery is used when there is an immediate physical danger to the victim. These definitions often are confusing within the state and federal system and some defendants are unaware of the seriousness of their actual charges.

In such an instance, it is important to seek the advice of a federal criminal defense attorney in order to determine the necessary steps one must take in this situation. Depending on the circumstances involved, it may be wise to accept a plea offer from the government. On other occasions, trial may be the best and only logical option. These questions may be difficult and too stressful to handle without proper legal advice. Our criminal defense attorneys in Charleston, South Carolina are very experienced within the federal system and can assist you with your case.

Continue reading " Federal Criminal Defense " »

The Mace Firm appellate attorneys have won another federal appeal this year with this recent Fourth Circuit Decision. This is the second federal appeal won this year out of the Fourth Circuit. This case was handled by our federal trial attorney in South Carolina for sentencing. The Federal Judge disagreed with our defense attorney and gave the defendant a 10 prison term based on the Armed Career Criminal Act (ACCA). The appellate court vacated that ruling and now the defendant will be returned to the trial court for sentencing. The opinion is below.

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-4346
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DERRICK LEON SAMUELS,
Defendant - Appellant,
Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:08-cr-00183-RBH-1)

Submitted: June 22, 2010 Decided: July 8, 2010

Before WILKINSON, MOTZ, and DAVIS, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Russell W. Mace III, THE MACE FIRM, Myrtle Beach, South Carolina, for Appellant. W. Walter Wilkins, United States Attorney, Rose Mary Parham, Assistant United States Attorney, Florence, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Case: 09-4346 Document: 28 Date Filed: 07/08/2010 Page: 1
2
PER CURIAM:
Derrick Leon Samuels pleaded guilty to being a felon in possession of ammunition, a violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) and 924(e) (2006). The district court enhanced Samuels’s sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(B)(ii), after determining that Samuels had three prior convictions for violent felonies. On appeal, Samuels contends that the district court erred in counting his 1994 conviction under South Carolina law for failure to stop for a blue light as a violent felony.
In United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009), we held that a conviction under South Carolina law for failure to stop for a blue light, S.C. Code Ann. § 56-5-750(A), constituted a crime of violence under the ACCA only in some circumstances, namely, intentional violations of the statute. Id. at 240. The district court, acting only with the benefit of that decision, determined that Samuels’s conviction under the statute was intentional because “the indictment does indicate the word willfully,” which the district court felt “equate[d] to intentional conduct.” Accordingly, the district court concluded that Samuels’s conviction counted as an ACCA predicate offense.
We recently held, however, that in light of the Supreme Court’s decision in Chambers v. United States, U.S. , 129 S.Ct. 687 (2009), which was issued eight days after
Case: 09-4346 Document: 28 Date Filed: 07/08/2010

Roseboro, “a violation of South Carolina’s blue light statute . . . does not qualify as a predicate offense for purposes of the ACCA.” United States v. Rivers, 595 F.3d 558, 560 (4th Cir. 2010).
Accordingly, the district court erred in counting Samuels’s conviction for failure to stop for a blue light as a violent felony for purposes of the ACCA. We therefore vacate the judgment of the district court and remand the case for resentencing consistent with our decision in Rivers. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
VACATED AND REMANDED
Case: 09-4346 Document: 28 Date Filed: 07/08/2010 Page: 3

As you can see our federal appellate attorney continues to work hard for our clients.

Continue reading " Another Federal Appeal Won " »

The Federal Bureau of Investigation previously arrested over 400 defendants in "Operation Malicious Mortgage." This investigation focused on three types of mortgage fraud:
1. Lending Fraud
2. Foreclosure Rescue Schemes
3. Mortgage-Related Bankruptcy Schemes
There have been hundreds of defendants convicted under this investigation throughout the United States. South Carolina has fallen behind on these cases and is now in the position to catch up with its own investigations. The United States Attorney for South Carolina has now redirected the attorneys and prosecuting agents to focus more on white collar crime in South Carolina. Our white collar attorneys in South Carolina have handled these cases in several jurisdictions. Our Charleston Defense Attorneys have experience throughout South Carolina defending white collar cases.
This new direction will take away the focus that has been directed at street level drug dealers for the past several years in South Carolina. South Carolina is one of the few jurisdictions that has avoided complex white collar cases in the past years. It takes much more effort and resources to prosecute a white collar case than a drug case. Many times a defendant in a white collar mortgage fraud case is sophisticated and able to help prepare a great trial defense. The need to bring in experts and help the criminal defense attorney is critical to winning a mortgage fraud case.

Continue reading " South Carolina Mortgage Fraud Indictments " »

Last month U.S. Attorney William Nettles announced that his office would be pursuing more fraud cases in the Myrtle Beach area. Mr. Nettles confirmed that eight agencies are teaming up to investigate and prosecute mortgage fraud in the Grand Strand area. I have been writing about this topic for several months. Our office in Myrtle Beach is well equipped to defendant individuals accused of mortgage fraud. The first thing to understand in regard to a mortgage fraud case is that there is no federal crime call mortgage fraud. Mortgage fraud is the name given to either of the following federal crimes:
* Mail Fraud- mailing a document via the U.S. Post office with false information
* Wire Fraud- giving or receiving money via electronic transfers that are the basis of a
fraudulent scheme
* Bank Fraud- providing false information to a FDIC insured bank for a loan.

Other crimes that can easily develop are based on the actual investigation. If anyone is interviewed by a government agent and lies, there will be a separate count for that particular lie. Many times the government may not be able to prove fraud, but they can prove that they were lied to by a defendant. Speaking with the government is without an attorney is the worst thing anyone could do in a fraud investigation. Fraud is a specific intent crime and the government will try to prove that type crime through the statements of a particular defendant.
Our fraud attorneys in Myrtle Beach practice federal defense throughout the United States. We have defense attorneys in Myrtle Beach, Charleston, Miami and soon in New York City. Any federal indictment coming out of Myrtle Beach will be handled by the U.S. Attorney's office in Florence, South Carolina.

Continue reading " Mortgage Fraud in Myrtle Beach " »

In determining whether to accept a plea offer, the Defendant and his attorney must carefully review the ramifications for choosing to go forward with a plea agreement. In U.S. v. Delante Antwyne Roper, the Fourth Circuit Court of Appeals ruled that the appellate waiver contained within Roper's plea agreement was valid. Although, Roper attempted to withdrawal his plea before he was sentenced, the Court found that he knowingly and intelligently waived his rights. If the Court determines the waiver is valid, then it will enforce it when the issues are within the scope of the waiver. In the instant case, the waiver was very broad and allowed Roper to question the validity of his conviction within his initial brief.

In his appeal, Roper asserted that the district court erred in denying his motion to withdraw his guilty plea as his counsel coerced him into accepting the offer. However, the Court reasoned that Roper willfully admitted during his Rule 11 hearing that he understood the term of the plea agreement and stated that no outside promises or influences had been made. There are several factors that must be considered when deciding if a plea should be withdrawn; for example:

(1) Was the plea knowingly and voluntarily made by the Defendant?
(2) Does the evidence presented prove the Defendant's innocence?
(3) Is the Defendant's counsel competent?

There are numerous other questions that the Court must consider in this type of instance and the Defendant must present evidence that credibly asserts some of those factors. Otherwise, the Court will be unlikely to grant a withdrawal as in Roper's case. This is the reason that it is important to hire a knowledgeable appellate attorney in order to ensure that all the issues are addressed within your appeal. We have criminal defense attorneys that are prepared to assist you in your case and are experienced within the federal and state systems.

Continue reading " Appellate Waivers " »

The F.B.I. has settled a criminal and civil case against a large pharmaceutical company that marketed specific drugs to doctors and paid the doctors to push those drugs. The company promoted the use of the drugs for medical conditions that the F.D.A. had not approved them for other uses and doses. This is know as off label marketing. This is illegal even if there are no side effects from the use of the drug. The company agreed to pay $2.3 billion to settle the criminal and civil violations. This is a classic example of how the criminal justice system works. No one is going to jail. Someone made a decision at this company to allow this program to go forward, that person is not indicted and is not in jail. The company was able to buy its way out of trouble and out of breaking the law. No matter how great the federal defense lawyer, this is not the case where the prosecutor is even looking to put someone in jail. This sends a message to other drug manufacturers that you can try any of these tricks and the worst that happens is you are fined.
Some of these drug were provided through Medicare and Medicaid, but still no one goes to jail for health care fraud. The government waits until they can get a doctor or a small provider that is over billing the government. The doctor is a small target compared to the larger hospitals that continually over bill the federal government for services. The small lawyer must get a good defense attorney with experience in federal court and defending fraud cases. There is no time to waste in preparing to fight the federal government.

Continue reading " Health Care Fraud " »