South Carolina Criminal Lawyer Blog

On Tuesday, a Florida appeals court denied the request that would have stopped Casey Anthony from starting a one year probation for check fraud. The court of appeals disagreed with the argument that the enforcement of the probation order would be in violation of the constitutional prohibition on double jeopardy. Anthony's attorneys thought that she already completed the probation sentence in jail while she was awaiting trial on the murder charges. This ruling upheld a lower court's order which requires Anthony to report to a Florida probation office by noon on Friday.

After she was aquitted of murder in the death of her daughter, Anthony vanished from public view. Since Tuesday however, her criminal defense attorney says she is now back in Florida. This probation order stems from a sentence imposed in January after Anthony pleaded guilty to stealing checks from a friend. The judge said that Anthony would serve the probation upon her release, but those instructions never made it into written order. Corrections officials thought the sentence meant that Anthony could serve the probation while she was in jail.

This month, the judge clarified that Anthony must begin the probation now that she is out of jail. He then recused himself from the case and turned it over to Judge Belvin Perry, the same judge who presided over Anthony's murder trial. Perry upheld the previous judge's order, and Anthony's criminal defense attorneys appealed last week to the Fifth District Court of Appeals in Daytona Beach. Anthony's attorney said she was in Florida and would report to a probation office to start probation if the appeal failed. Shortly after Judge Perry issued his order for her to report to a probation officer, Anthony's defense team filed an appeal. They claim that forcing Anthony to serve probation again is an "illegal sentence" and puts her in harm's way especially if she must serve the probation in Florida since she has received death threats following the murder trial.

The terms of Anthony's probation include monthly check-ins with a probation officer and random searches of her home. She will also be required to have a job. Anthony could request to serve probation in another state but the other state must approve the request. It is not clear at this time whether Anthony will be able to serve her probation out of state or what measures will be taken to protect her. While her murder trial was going on, Anthony received numerous death threats. Judge Perry wrote in his order for Anthony to return to Florida, "this court is very mindful that it is a high probability that there are many that would like to see physical harm visited upon the defendant."

If you or some one you know has been charged with a federal crime, call one of our experienced federal criminal lawyers at The Mace Firm for a free consultation.

Tweet

Continue reading " Casey Anthony Appeal on Probation " »

Last week, it was recommended that Anthony Sowell, having multiple murder charges, receive the death penalty. In 2009, Sowell was arrested in relation to the murders of eleven women whose bodies were found in his home in Ohio. He was charged with 85 counts of murder, rape and kidnapping. At first, he pleaded not guilty by reason of insanity, but later changed his plea to not guilty. On July 22, 2011, Sowell was convicted on 83 of the 85 charges including the deaths of the eleven women found in his home. Prior to this arrest, in 1989, Sowell kidnapped and raped a lady who was three months pregnant. She entered his home on her own will, but when she tried to leave, he tied her hands and feet with a tie and belt and gagged her with a rag. He was charged with kidnapping, rape and attempted rape. He plead guilty to attempted rape and served 15 years in prison and was released in 2005.

In 2007, Sowell's neighbors complained to the health department about a foul smell coming from Sowell's home. That is what led authorities to the discovery of the dead bodies in and around his home. On July 22 of this year, Sowell was actually convicted of his crimes and had an opportunity to explain his actions to a jury.

Judge Ambrose asked the jury to weigh the murders against the testimony over the last week that said Sowell's violent acts stem from PTSD, OCD, psychosis and other disorders which were all worsened by a heart attack years earlier. Sowell's convictions of multiple counts of aggravated murder and attempt to kill three other women sound like the work of a professional killer. So much so, the jury recommended he be sentenced to death.

When Sowell finally spoke to the court, he said " the only thing I want to say is that I'm sorry. I know that may not seem like much. And I'm sorry from the bottom of my heart." He made his statement to the court under guidance of his criminal defense attorneys. Sowell added, "This is not typical of me. I don't know what happened. I can't explain it. But I know it's not a lot, but that's all I can give."

Sowell's criminal defense lawyers tried to argue that the defendant's actions were a product of his up-bringing. Since Sowell has been incarcerated before, his attorneys didnt want him sentenced to life. Apparently in the past, Sowell had good behavior while he was in jail. He was also cellmates with a convicted sex offender. This cellmate actually testified for Sowell in court, saying he is a "nice, loving, caring person."

If you or someone you know has been charged with a federal crime, call one of the criminal defense lawyers at The Mace Firm today for a free consultation.

Tweet

Continue reading " Anthony Sowell Trial " »

A stripper, her sex-offender sibling and their half-brother, also known as the "Dougherty Gang," were finally arrested this week after a high-speed chase on I-25 in Pueblo County, Colorado. The chase ended when their car flipped after running over "stop sticks" and smashed into a guardrail. Lee Grace Dougherty got out of the wrecked vehicle and began shooting at police, who returned fire. They ended up shooting the girl in the leg and transported her and her two brothers to a nearby medical center for non-life threatening injuries. Following their release from the hospital, they were then booked at the Pueblo County Jail.

The trio were wanted for a Valdosta bank robbery last Tuesday and the attempted murder of a Flordia police officer. Their crime spree started last Tuesday in Pasco County when they fired about 20 shots at a police officer. One of the bullets pierced the officer’s tire, causing a flat which ended the pursuit. This week, officials were tipped off by a witness who spotted the siblings at a campground near Colorado City. By the time officers arrived at the camp site, the vehicle was gone but was spotted soon after at a gas station. Then, the chase was on, with speeds exceeding 100 mph before it ended some 20 miles later.

The FBI believe the siblings decided to leave Lacoochee, FL following the Aug. 1 sentencing of Ryan Dougherty, 21. Ryan registered as a sex offender and serve 12 years probation for sending 400 sexually explicit text messages to an 11-year-old girl he met online. Before they robbed the bank, Dougherty cut off his ankle monitor. FBI Special Agent Phil Niedringhaus said the three face federal warrants in Florida and Georgia and charges were also expected in Colorado. It is unclear whether the siblings have retained a federal criminal defense lawyer.

In 2008 demand notes were presented in 3,833 of the 6,700 bank robberies. Verbal demands occurred in 3,683 bank jobs, and some were combined with the demand notes. Weapons were threatened in roughly a third of robberies and used in about one in four bank jobs, the statistics show. The details come from data that the FBI collects about robberies of federally insured banks in the U.S., from the days and times that robberies most often occur (Fridays and between 9 and 11 a.m.), to the amount of loot taken and recovered. This data is especially valuable to financial institutions.

The FBI has had a primary role in bank robbery investigations since the 1930s, when John Dillinger and his gang were robbing banks and capturing the public’s attention. In 1934, it became a federal crime to rob any national bank or state member bank of the Federal Reserve System. The law soon expanded to include bank burglary and larceny, with jurisdiction delegated to the FBI. The FBI now has a role alongside local law enforcement in bank robbery investigations.

If you or someone you know has been charged with a federal crime, you will need to consult with a good federal criminal lawyer in your area. Our federal defense lawyers are ready to talk to you about your case. Call The Mace Firm for a free consultation.

Tweet

Continue reading " "Dougherty Gang" Caught " »

The US Attorney's office in Miami is accusing 27 people of mortgage fraud schemes against banks and South Florida homeowners. The charges brought against these 27 people involve mail fraud, insurance fraud and arson. The 27 Floridians conducted separate schemes, with many of the players obtaining funds illegally through the use of straw buyers and inflated home values on mortgage applications, according to authorities. At least one scheme involved a combination of arson, insurance fraud and mortgage fraud. It is unclear by the report whether any of the defendants have retained a criminal defense lawyer.

The statewide investigation is the work of the Mortgage Fraud Strike Force, a law enforcement initiative led by the U.S. Attorney's Office and state authorities. The purpose of these agencies is to crack down on people involved in mortgage fraud. The program was created in 2007, and more than 500 defendants have been charged for involvement in mortgage-related schemes.

In the first case from the investigation, U.S. v. Luis A. Oramas, 17 people were charged in a 40-count indictment for using straw buyers, placing their names on mortgage applications, and increasing home values to eventually pocket the proceeds. The mortgage fraud scheme involved defendants linked to Kasa Mortgage brokerage and New Line Realty, both in Miami. In U.S. v. Ghaith Al Nahar, six people were charged in a six-count indictment. They created $9.2 million in fraudulent loans. The indictment claims Ghaith Al Nahar, who operates Best Decisions Home Mortgage Inc. in Lake Worth, Fla, and other defendants found homes for-sale and compensated other people to act as straw buyers. After that, they submitted loan applications with false information for those homes.

After lenders approved these loans, a title agent would falsify HUD-1 statements. These statements claimed that the straw buyers would bring money to closing. Instead of distributing the money, the parties involved made unauthorized disbursements of the loan proceeds. They are facing charges of conspiracy to commit wire fraud and substantive wire fraud.

As far as the arson charge, in U.S. v. Gerardo Wilhelm, authorities claim Wilhelm, a real estate agent, partnered with a broker and an insurance adjuster to profit from a fire set at a South Florida town home. After they had the home set on fire, they made a fraudulent insurance claim for fire damage and obtained $180,000.

Mortgage fraud schemes typically employ some type of material misstatement, misrepresentation, or omission relating to the property or potential borrower which is relied on by a lender to fund, purchase or insure a loan. Sometimes, depending on the type of scheme, mortgage fraud may be considered a form of bank robbery where the bank is unaware of the robbery until a lot later. People who commit mortgage fraud get loans based on falsely representing the value of collateral or their loan qualifications to receive a loan. They end up stealing the proceeds without intentions of repaying the borrowed amount.

If you or someone you know has been charged with mortgage fraud, call one of the federal criminal lawyers at The Mace Firm for a free consultation.

Tweet

Continue reading " 27 Accused of Mortgage Fraud in South FL " »

In November 1971, a man who called himself Dan Cooper, also known as D.B. Cooper, hijacked a plane and succeeded in getting authorities to give him $200,000 cash and parachutes in return for letting passengers off the plane. Cooper asked to be flown to Mexico, but jumped out of the back of Northwest Orient Flight 305 somewhere between Seattle and Reno, Nevada. Authorities have yet to be able to prove whether he survived the jump or what his actual identity was.

When Cooper boarded the plane, he ordered a drink, bourbon and soda, while he was waiting for the flight to depart. He then handed a flight attendant a note saying he had a bomb in his briefcase he asked her to take a seat next to him. She did as she was told, and Cooper opened his briefcase to show her a mass of wires and red-colored sticks and demanded that she write down what he told her. Per Cooper's request, the flight attendant wrote a note for the captain of the plane demanding four parachutes and $200,000 in $20 bills.

Once the flight landed in Seattle, Cooper made an exchange for the flight's 36 passengers and received the money and parachutes. Cooper kept most of the crew members on board. The plane took off when Cooper ordered it to fly to Mexico. Unexpectedly, Cooper then jumped out of the plane on the flight with the money, never to be seen or heard from again.

Over the years, many people have claimed to be DB Cooper. Duane Weber, while on his deathbed, claimed to be Cooper. Weber was later eliminated as a suspect through DNA testing. A second man, Kenneth Christiansen claimed to be Cooper. Christiansen did not match the physical description of Cooper and he was also a skilled paratrooper. Cooper jumped out of the plane in the middle of the night, in bad weather, with loafers and a trench coat on. This is something a trained paratrooper would not do. A third person claimed he was Cooper, Richard McCoy. McCoy also did not match the description and was reported to be at home the day after the hijacking, which could not have happened if he didn't have any help.

The new information in this case involves a suspect who has been dead for more than 10 years. Since every lead the FBI has received in this case has lead nowhere, they are working on this new lead to help them solve this case. Family members of this new suspect have been cooperating with authorities, granting them access to property that belonged to the deceased. The FBI is most interested in items that may have fingerprints of new suspect.

If this new suspect were still alive, he would need to consult with a good criminal defense lawyer to help him with his case. He would face serious charges relating to the hijacking and ransom money.

If you or someone you know is facing serious criminal charges, it will be wise to speak with an experienced criminal defense lawyer in your area. Call one of the federal criminal lawyers at The Mace Firm for a free consultation.

Tweet

Continue reading " New Lead in DB Cooper Case " »

Warren Jeffs is the current president of the Fundamentalists Church of Jesus Christ of Latter Day Saints. He is the son of Rulon Jeffs who was the leader of the church before he passed away in 2002. After Jeffs father passed away, he proceeded to marry all but two of his father's 19 to 20 wives. This helped solidify his power within the community. He continued to marry more women many of who were closely related to him. He claims that he is a descendant from Jesus Christ and Joseph Smith which would make him the prophet. He teaches that his marriages are necessary to preserve the sacred bloodlines. Jeffs is said to have at least seventy wives.

The teachings strongly suggest that polygamy is the key to exaltation in heaven. The teachings also emphasize that women must be obedient to their husbands and serve them "mind, body and soul" to achieve salvation in the afterlife. Jeffs is the only person in the church who can perform marriages and is responsible for assigning wives to husbands. He was also responsible for disciplining disobedient male followers by assigning their wives to another husband.

Jeffs is charged with sexual assault on a minor and conspiracy to commit sexual misconduct with a minor for allegedly arranging a marriage between a 14 year old girl and her 19 year old first cousin. Jeffs was also put on the FBI's most wanted list, offering $60,000 for information leading to his arrest. He was also featured on America's Most Wanted. His charges carry a maximum sentence of life in prison. The prosecution told jurors that they have an audio tape of a sexual encounter between Jeffs, who is 55, and a 12-year-old girl. The prosecution also has evidence that Jeffs impregnated a 15-year-old girl.

Jeffs' trial has been going on for about a week, and he has objected or interrupted over 25 times. Jeffs has dismissed every criminal defense lawyer so far, therefore he is representing himself. Jeffs has fired all of his attorneys because, according to him, they could not present a "pure defense." According to reports, every time Jeffs has an objection was an opportunity for him to give a sermon. Since this trial has been delayed so many times due to Jeffs firing seven criminal defense lawyers in six months, the judge told him that "the court is not going to recess these proceedings to let you go to law school."

Jeffs would probably display his side of this case if he had a good criminal defense attorney to back him up. The stakes are very high for Jeffs in this case, and his decision to represent himself may not go as he planned.

If you or someone you know is facing criminal charges, call one of the federal criminal lawyers at The Mace Firm for a free consultation.

Tweet

Continue reading " Warren Jeffs Sexual Assault Trial " »