South Carolina Criminal Lawyer Blog

Citigroup Inc. is paying $158 mllion as a settlement for accusations that the company took advantage of a federal mortgage insurance program. Citi has admitted that it gave incorrect information about the quality of the company's mortgages to a federal insurance program which is run by the U.S. Department of Housing and Urban Development. In this case, the government provided funds for the mortgages which resluted in the loss of millions when borrowers defaulted.

The complaint was filed last week as a part of the settlement. The complaint stated that CitiMortgage violated the rules of the Federal Housing Administration insurance program for at least 6 years. The complaint also said that Citi systematically ignored these rules, leading the government to insure lower-quality loans. Worse than that, employees in Citi's mortgage unit are accused of asking members of the compliance department to not report problems with the mortgages to the government. “For far too long, lenders treated HUD’s insurance of their mortgages like they were playing with house money," U.S. Atty. Preet Bharara said in a statement.

The government insurance allowed Citi to give cheap loans to higher-risk borrowers and then sell the loans to investors. The complaint filed in this action gives another look at how the nation's biggest banks helped inflate the mortgage bubble by lying to government authorities. Citigroup made a statement saying it was happy to have settled the FHA fraud case. The also stated they have set aside provisions in the fourth quarter to cover legal costs resulting from this action. Citigroup also said it would continue making FHA-insured loans "with the full support of HUD. We are committed to continuing to work with HUD to make mortgage loans available to low- and moderate-income borrowers through the FHA program."

The biggest of these mortgage fraud cases to date involved Bank of America and Countrywide Financial. The companies decided on a $1 billion settlement of claims that Countrywide defrauded the FHA by purposely writing loans for unqualified buyers in additon to basing loans on inflated appraisals.

Most of the fraudulent mortgages closed during the height of the real estate bubble, the financial crimes division said, 81% of the reports involved suspicious activities before 2008 and 63% described what appeared to be fraud occurring four or more years ago. Charts from the Financial Crimes Enforcement Network show that California had more reports of mortgage fraud on a per-capita basis than any other state, followed by Florida and Nevada. Six of the top 10 metropolitan-area hotbeds of mortgage fraud were in the Golden State.

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Gabe Watson is being accused of shutting off his new wife's oxygen tank while scuba diving in Australia on their honeymoon. Watson is now known as the "honeymoon killer" and is now being indicted on two counts of murder.

Allegedly, Watson turned off his new bride's air supply during their diving trip and held her underwater. At first, he was charged with murder in Queensland. He pleaded guilty to manslaughter in 2009 and finished his sentence of 18 months in a Queensland prison. At present, Watson has been deported to the United States under the condition that he would not face the death penalty if he is re-tried in Alabama.

The suspected motive in this case is money. Watson stood to gain over $200,000 in insurance if his wife would die. Watson's criminal defense attorney is arguing that Tina Watson's death was misinterpreted by Australian authorities. The authorities used Watson's dive computer as evidence of guilt and viewed new evidence with that in mind. The criminal defense attorney is also arguing that Tina Watson accidentally knocked off her husband's dive mask, which is why he had to swim to the surface alone.

In fact, two highly experienced divers witnessed the indcident and they found that Watson's story is just not plausible. One witness stated that he saw Watson swim to his wife and he thought Watson was trying to save her, but "then he just let her go." There is a photo of his wife lying motionless on the sea floor that was introduced as evidence and an Australian police officer testified that Watson was calm and cooperative until he was told he could not have his dive computer back. The dive computer is a watch-like device that tracks a swimmer's dive. Watson and his wife quickly returned to the boat at the beginning of his dive because his computer was beeping. Prosecutors think that was a ploy to get his wife away from other divers to kill her.

Many jurisdictions divide murder by degrees. The most common divisions are between first and second degree murder. Generally, second degree murder is common law murder, and first degree is an aggravated murder. The aggravating factors of first degree murder are a specific intent to kill, premeditation, and deliberation. Additionally, murder committed by acts such as strangulation, poisoning, or lying in wait are also treated as first degree murder.

It will be interesting to see the outcome of Watson's trial. If you or someone you know has been charged with a serious crime, call one of the criminal defense attorneys at The Mace Firm. Our Myrtle Beach criminal defense lawyers are ready to speak with you about your case.

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The historic seizure of 15 tons of pure methamphetamine in western Mexico, equal to half of all meth seizures worldwide in 2009, feeds growing speculation that Mexico could become a world platform for meth production, instead of just a supplier to the United States. Although Army officials did not reveal which drug gangs could have been behind the 15 tons of meth, it is believed that the powerful Sinaloa cartel is involved in the production of the meth seized. The Sinaloa cartel is a major international trafficker of cocaine and marijuana. They have now started meth production and manufacturing on an idustrial scale.

The Sinaloa cartel, lead by Joaquin "El Chapo" Guzman, is equipped to produce and distribute drugs "for the global village," said Antonio Mazzitelli, the regional representative of the U.N. Office on Drugs and Crime. "Such large-scale production could suggest an expansion ... into Latin American and Asian markets," Mazzitelli said. But he also mentioned, "it may be a product that hasn't been able to be sold, and like any business, when the market is depressed, stockpiles build up." Officials also feel that Sinaloa is making an attempt "to reduce its reliance on Columbian cocaine by flooding the market with meth."

In the United States, the suppliers of meth are traditionally outlaw motorcycle gangs and other independent groups. While they continue to produce methamphetamine and control a share of the market, methamphetamine smuggling into the United States from Mexico is controlled primarily by the same major organizations that dominate the production and trafficking of other illicit drugs from Mexico into the United States.

According to the DEA, in the last 3 years, there has been a 518% increase in the amount of meth seized in California. Also, reports from Los Angeles indicate that meth use is more popular than cocaine. An official from Atlanta reported that meth tends to be used by white, middle-class teenagers and young adults who have no links to the crack scene and are afraid of crack because of its negative image as a highly addictive drug. Ethnographic data indicate that meth is becoming more popular and available in suburbs.

The consequenses of producing, trafficking or possession of meth has many variables. If you or someone you know is facing drug related charges, it will be highly beneficial to speak with an experienced criminal defense attorney. Call one of the Myrtle Beach criminal defense lawyers at The Mace Firm to schedule a free consultation.

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On Monday, appellate lawyers for Amanda Knox asked an appeals court in Italy to overturn her slander conviction. Knox was cleared of murder in October by an Italian court. The slander conviction stems from statements Knox made while she was being questioned by police in 2007. During the interrogation, Knox falsely accused bar owner, Patrick Lumumba, of the murder of her housemate, Meredith Kercher. She even mentioned that she was hit in the head by police who were questioning her. Knox later confessed that she was under pressure from police which is why she accused the bar owner. Lumumba was actullay jailed for two weeks based on her accusation, but was released due to lack of evidence.

An appellate court is a court with the authority to review decisions made by lower courts, and to hand down new decisions when it is appropriate. In most countries, the legal system has several levels, which allows people to potentially petition a series of appellate courts if they feel that their cases have not been judged fairly.

The appellate court system ensures that people who wish to appeal have the opportunity to do so. A wide variety of decisions made by lower courts can be appealed. For instance, people who are convicted of murder and sentenced to death typically appeal, with the goal of being found innocent, or at least to drag out the process to delay the carrying out of the sentence. Appeals are filed by a lawyer or team of appeal lawyers. It is best to retain an experienced appeal attorney who is familiar with the appeals process, as it can help to achieve the desired outcome.

If you believe that you or someone you know has been sentenced unfairly, you will need to hire a good appeal lawyer to assist you with your appeal. There are deadlines for certain documents to be filed in the district court to be able to appeal your sentence, so you should contact an appeal attorney immediately after you have been sentenced. Please contact The Mace Firm to set a consultation with one of our appellate attorneys.

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The Double Jeopardy Clause of the Fifth Amendment provides that no person shall be subject for the same offense to be twice put in jeopardy of life or limb. This provision affords a defendant three separate protections: it protects against a second prosecution for the same offense after aquittal. It protects agains a second prosecution for the same offense after conviction. And it protects against multiple punishments for the same offense. The bar against retrial after aquittal or conviction ensures that the State does not make repeated attempts to convict an individual, thereby exposing him to continued embarrassment, anxiety, and expense, while increasing the risk of and erroneous conviction or an impermissibly enhanced sentence.

The protection against multiple punishments is designed to ensure that the sentencing discretion of courts is confined to the limits established by the legislature. Double jeopardy law has been described as a veritable Sargasso Sea which could not fail to challenge the most intrepid judicial navigator. In recent years the Supreme Court has announced new watershed double jeopardy decisions, only to abrogate those decisions a few years later. Even basic propositions of double jeopardy law remain controversial.

The double jeopardy law applies to all criminal cases, including misdemeanor prosecutions. It also applies to juvenile deliquency proceedings, forbidding the state from prosecuting a defendant as an adult after the defendant was put in jeopardy in a juvenile proceeding for the same offense. The prohibition against multiple punishments for the same offense applies to fines as well as prison sentences.

The double jeopardy clause bars a second prosecution only if the defendant was actually put in jeopardy in the first prosecution. A defendant may be put in jeopardy even though the trial does not culminate in a verdict. In a case tried by a jury, jeopardy attaches when the jury is empanelled and sworn. In a bench trial, jeopardy attaches when the judge beings to hear evidence. Where the defendant pleads guilty, jeopardy attaches when the court accepts the plea. However, jeopardy does not attach with respect to charges dismissed with prejudice pursuant to a plea agreement where the dismissal does not involve any findings by the court as to the factual merits of those charges or any risk of conviction to the defendant. Jeopardy cannot attach, however, if the court does not have jurisdiction to try the defendant. Whether jurisdiction exists is determined by federal law even if the defendant has been tried in the same court.

If you or someone you know needs to hire a federal lawyer in South Carolina, call one of the experienced Myrtle Beach federal attorneys at The Mace Firm.

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