South Carolina Criminal Lawyer Blog

One year ago, Amanda Knox and her boyfriend were convicted of sexual assault and murder of Knox's roomate, Meredith Kercher. The prosecution relied heavily on DNA evidence and alleged the knife found at the scene was the murder weapon and had traces of both Knox's and the victim's DNA. Knox was sentenced by the lower court in Italy to 26 years in prison.

Both Knox and her boyfriend, a co-defendant in the case, appealed the validity of the DNA evidence. The Italian appellate court decided to allow an independent review of the DNA results presented at trial, which the defense argued was inconclusive. The court is also allowing new witnesses to support the defense's argument that the two defendants were not at the scene when the crime was committed. The next step in Knox's defense will depend on the results of the upcoming DNA testing which will likely take several months.

DNA evidence has continually served as an aid in criminal justice system's around the world in capturing and convicting criminals. However, there are certain techniques used in the collection and testing of DNA evidence and if this process is altered, the results could be inconclusive or completely wrong. Investigators have to be especially careful when collecting such evidence in order to make sure that innocent persons are not falsely accused. Usually, the defense counsel will request the judge to grant an independent review of the DNA evidence to ensure that the prosecution's results are accurate. The judge denied Knox's request to review the DNA evidence during her trial, which made it an arguable appellate issue.

It is vital that a defendant's trial attorney argue every probable issue so that if it is denied in the lower court, it can still be presented to the appellate court. The appellate court will usually not review issues that were not argued at the trial level. Further, if you do wish to appeal your case, then it is important to hire an experienced appellate lawyer. An appellate lawyer will be responsible for drafting a brief to the appellate court that presents any relevant issues that they believe were not properly addressed or ruled on in the lower court. However, the appellate court normally imposes a strict time limitation, so contact an attorney immediately to ensure you do not waive your right to file an appeal.

Continue reading " Judge Rules on Amanda Knox's Appeal " »

Fraud schemes have become ever apparent in this stage of the United States' history. Individuals are struggling due to the hardship of the economy and believe that ponzi schemes will be the easiest way out. However, the increasing criminal activity as only heightened the FBI and court system's interest in these types of cases. Now, the trend among federal courts is to sentence individuals involved in fraud schemes to higher prison terms, serving as a lesson to members of the community.

The Three Hebrew Boys (Tony Pough, Joseph Brunson, and Timothy McQueen) were sentenced today in a $82 million Ponzi case. Judge Margaret Seymour sentenced the individuals to the highest fraud sentences in the history of the federal district. Brunson and McQueen received 27 years imprisonment and Pough received 30 years imprisonment. Along with their prison terms, they were ordered to pay $82 million in restitution so that those they defrauded can be reimbursed. As shown in the case of the Three Hebrew Boys, the court system is no longer taking these types of crimes lightly.

If you are being investigated for fraud or any federal crime, the first step is to contact a knowledgeable federal defense lawyer. Being indicted for a federal crime can be a frightening experience, but an experienced lawyer can put your situation into perspective. They can inform you of your options and determine what will be the best defense in your case.

Continue reading " Rise in Federal Fraud Sentencing...The Three Hebrew Boys " »

The Financial Fraud Enforcement Task Force has been conducting an investigation known as "Operation Broken Trust." It is the largest investment fraud investigation in the United States which started on August 16 and ended December 1, 2010. The operation consisted of approximately 231 cases and was mainly focused on schemes targeted at individual investors. The victims had lost more than $8 billion due to the fraud schemes. Many of the victims lost their life savings and homes. Most of the fraud schemes involved ficititous advertisements that tricked investors into endorsing in their company. The FBI and task force have been gathering information against the individuals participating in the fraud schemes secretly for the past several months through undercover operations and surveillance.

The FBI and other federal agencies tend to focus most of their expenses in investigating white collar crime operations due to its high financial incentive. Since white collar crime has increased in the United States, persons indicted often receive higher sentences than in the past. In many cases, the individuals that are indicted are not aware of the extent of their involvement in the fraud scheme. Usually the high-level offenders will be used as informants and are offered a reduced sentence if they cooperate. This may be difficult for a person that does not have much information about the fraud scheme.

In the past few years, there has been a great increase in investigative efforts by federal agencies in white collar crime. As such, anyone indicted in these types of cases should consult with a good federal defense lawyer in order to prepare the best defense possible. A federal attorney would be able to provide advice and information on how to get a fair judgment in your case.

Continue reading " Fraud Scheme Investigation " »