South Carolina Criminal Lawyer Blog

Mexican Drug Cartel Control Cocaine Supply in South Carolina

2010-01-10T16:52:49Z

Over the past several years there has been a major shift in the manner in which cocaine arrives in the United States. In years past my office in Miami represented a large number of Columbia, Cuban and Haitian nationals that were charged with trafficking in cocaine. Attorneys in Miami and New York spent a great deal of time defending drug charges in federal court. The change has come in the manner in which cocaine is now entering the United States. The Columbian cartels of old would use the Port of Miami as one of the largest delivery areas in the country. With the burden of delivery falling on the Columbians. That has now changed with the introduction of the Mexican cartels. There have always been Mexican cartels, but with limited access to cocaine, the profits were not anywhere near what the Columbian cartels were producing. Now, the Columbian cartels have realized a simple solution to getting cocaine to the United States. Let the Mexicans handle the drug trafficking into the United States. It has been abundantly clear that the largest supplier of cocaine to the United States is now Mexico. The cocaine is easily delivered from Columbia to Mexico.
Our criminal defense attorneys in South Carolina have seen a dramatic increase in federal drug trafficking charges. The drug conspiracies have Mexican ties at several different levels. The Mexican cartels are shipping the cocaine throughout the country via the interstate road system. At any given moment there are thousands of kilograms of cocaine traveling on interstate 10 and interstate 95. The cocaine is bound for cities such as Charleston, South Carolina, Atlanta, or New York. There is still cocaine coming into Miami, but the DEA has been so active in Miami, it is easier for the Columbian cartels to just deliver the cocaine to Mexico. Our federal defense attorneys are experience in defending drug conspiracies throughout the United States.
Local DEA officers in South Carolina are being over run with drug cases. There is also a large money laundering enterprise in the Myrtle Beach area that is yet to be indicted. There is a significant lack of federal law enforcement in the Grand Strand area. The need for this law enforcement and a Federal Courthouse in Myrtle Beach would increase the quality of life for many people in the area.

]]> Our Charleston attorneys are experienced in federal criminal defense throughout the country. We also have Myrtle Beach Lawyers that are available to travel across the State to represent clients in different matters. A good federal defense attorney is critical to any federal indictment defense.

Child Pornography Indictment

2010-01-09T19:21:21Z

2009 has turned out to be a very big year for child pornography indictments in South Carolina. The use of KAZAA and Limewire for sharing information on the internet has turned out to be a tremendous help to the government in catching what they believe to be people possessing child pornography. These file sharing services are being used by some to distribute child pornography, but there are also some people that are being taken advantage of through this service. By allowing an application to be installed on your computer, you are in fact allowing access to the computer through that service. It is possible for someone to download and store information on your computer without your knowledge. It is also possible for someone to use your computer as a remote server and disseminate information from your computer without your knowledge. A federal defense attorney is critical to any defense that could be presented prior to an indictment or during the trial process.

There are several defenses to some child pornography cases. Depending on who has access to your computer, if you are in a custody battle with a spouse, and how the files ended up on your computer all make for a basis to contest a child pornography indictment. It is important to remember that the amount of prison time that one may receive in a federal court will be based on the number of images and videos that the government can prove you either possessed or distributed. The worst case scenario would be to be charge with making child pornography. This provides for a particular enhancement under the United States Federal Sentencing Guidelines. Our South Carolina defense attorney is experienced in defending federal child pornography charges throughout the United States.

]]> If you need a federal defense attorney for a child pornography charge do not hesitate to contact our office in Miami or South Carolina.

South Carolina Immigration Attorney

2009-12-10T18:56:03Z

The Mace Firm is announcing that we are starting an immigration division. This division will be headed by Nicole Mace. The immigration attorney in our Myrtle beach office will handle family based immigration issues throughout South Carolina. Family based visas will be the primary area that the immigration division will focus on in the Myrtle Beach Area. We will be using an attorney out of Miami to handle any deportation proceedings based on criminal law violations. This new area of law is based on the numerous number of appointments that clients have made in the past year at our office in Myrtle Beach. We will expand this area to the Charleston area if needed.

]]> Myrtle Beach Immigration Attorney. Charleston Immigration Attorney.

Mortgage Fraud Indictments

2009-12-10T16:11:18Z

There have been recent mortgage fraud indictments released from the United States Attorney in South Carolina. These indictments are actually bank fraud charges. There is actually no such crime in the federal judicial system called "mortgage fraud." There is a combination at times of wire fraud, mail fraud, and or bank fraud that relate to the acquisition of a mortgage or home loan. The Federal Bureau of Investigation is normally the lead investigative agency. The FBI has dedicated an entire task force for mortgage fraud cases. This comes after the dramatic increase in foreclosures in the home loan industry. The old saying is, "there is no fraud until people stop making payment." This increase in investigations is based on the powerful banking industry complaining to the government that they were defrauded by dirty investors. What they are not disclosing is the fact that the banks were in on the fraud the entire time. The banks have been banking for a long time and were well aware that the housing market was over inflated. The banks also knew that they were giving the money away to individuals that did not qualify for any loan, much less a million dollar loan. The banks continued doing this and selling the debt to other banks and investors. In other words, we will give you what ever you want and sell the debt to another bank.
A good federal defense attorney is critical to defending a case against an individual or a company. It is extremely import that a potential target of an investigation NOT SPEAK to anyone until consulting an attorney. Our defense attorneys are licensed in several states and numerous federal jurisdictions. We handle these type of federal indictments all over the country. We handle the mortgage fraud from pre-indictment all the way through an appeal to the United States Supreme court if necessary. We have an excellent appellate attorney in house for any issues that are not resolved at the trial level.

]]> Our Myrtle Beach attorneys are experienced in all aspects of criminal defense in South Carolina. We also handle federal indictments in most of the federal jurisdictions in the United States. We also represent clients outside the United States.

Myrtle Beach Divorce Attorney

2009-12-01T18:20:47Z

Myrtle Beach Divorce Attorney Nicole Mace was recently quoted in the Sun News regarding the divorce of Governor Mark Sanford. Nicole Mace is an attorney with The Mace Firm in Myrtle Beach. Mrs. Mace heads the family law section The Mace Firm office in Myrtle Beach, South Carolina. Mrs. Mace expressed support for Jenny Sanford in her decision to divorce Governor Mark Sanford. Getting a divorce is never easy, but it appeared from the media that the Governor was unwilling to do what was necessary to prevent his wife from filing for divorce. A good divorce attorney can help with making the right decisions in a divorce or custody battle. Our Myrtle Beach divorce lawyers are able to help with these decisions. Many times hiring the wrong divorce attorney will result in a long drawn out battle that does not benefit any party to the divorce and usually hurts any children from the marriage. Child custody issues will always cause some problems, but our child custody attorney in Myrtle Beach can help get the best result for you and your children.

]]> Divorce attorney in Myrtle Beach and Charleston Divorce Attorney.

Prior Bad Acts Evidence in Lewd Act

2009-10-10T21:22:35Z

The South Carolina Supreme Court recently held that evidence of prior bad acts of a defendant are not admissible unless motive or intent are at issue with the case. This is classically referred to as 404 Evidence. The United States Attorney will many times use this evidence to prove a case in Federal Court. The Supreme Court of South Carolina previously ruled under State v. Lyle (1923) evidence of other crimes may not be used to infer that the defendant committed the charged crime in this specific case. In South Carolina and many federal courts cases are built on character evidence and not on any real investigation. The conspiracy count of an indictment provides the basis for a conviction when there is no evidence that a defendant did any actual act that was illegal when viewed outside of the criminal conspiracy. In South Carolina the favorite slogan is the "Hand of one - is the hand of all." In lay terms, this means you should never talk to anyone that may be involved in a criminal conspiracy that you do not even know exists. Federal defense attorneys spend most of their careers defending conspiracy charges. In state court this particular count is not used on a regular basis. However, almost every federal indictment includes a conspiracy county. It is the catch all count that is extremely hard to defeat.
Many federal indictments only have one count. The conspiracy count is the allegation that someone agreed with someone else to break the law. The government does not have to prove who the other person in the agreement was in court. Going back to the Lyle evidence, this allows the government to prove your guilt by your prior acts. Once a juror hears you have been convicted of a previous crime or your past actions were criminal, it is very easy to check the guilty verdict box. It is hard to keep this evidence out of the trial, but it can be done on occasion. A good defense attorney is the first step in fighting a criminal charge.

]]> Our Myrtle Beach attorney is available to speak with you about any matter that you wish. To contact our Myrtle Beach attorney call 843-839-2900 or email rwm@themacefirm.com. We will be happy to speak with you.

Myrtle Beach Attorney Indicted

2009-09-29T17:50:37Z

An attorney in South Carolina was arrested for soliciting a client to commit murder. Irby Walker has been arrested for trying to have another attorney killed. The case is being prosecuted in Horry County, South Carolina. Mr. Walker has been suspended by the South Carolina Bar and can no longer practice law. This is a classic example of making attorneys look like scum bags in the eyes of the public. There are some many law jokes based on factual scenarios. Mr. Walker is alleged to have been audio recorded by one of his clients paying for the first part of the murder conspiracy. Myrtle Beach is a high area for violent crime, but this is a bit unusual for sleepy South Carolina. Mr. Walker will most likely higher a good attorney in Myrtle Beach to represent him in his case. Most Myrtle Beach Law Firms handle some type of criminal defense cases. This case will be a highly publicized case and will be tough for anyone to handle. Mr. Walker is facing a substantial amount of prison time for this charge and he will most likely have to go to trial.
Although no one was actually killed in the case, the government may treat the case very seriously in court. Being that Mr. Walker was an attorney in South Carolina, he will be held to a higher standard than the average defendant. The system is less forgiving for those that know the rules and have participated in the system for many years. It is surprising that the Federal Bureau of Investigation was not brought into the case at some point. Many FBI agents have experience with murder for hirer investigations.

]]> A Myrtle Beach Lawyer will most likely be defending Mr. Walker at his trial. The Horry County Solicitor's office will be prosecuting the case. The Solicitor Greg Hemmbre may actually handle the case himself. Our defense attorney in Myrtle Beach would be able to defend Mr. Walker for these charges. Our defense is attorney was a Public Defender in Miami, Florida for several years and has completed hundreds of criminal trials.

Federal Appeals

2009-09-28T04:19:27Z

Time is of essence when reviewing a case for a federal criminal appeal. Our federal appellate attorneys are experienced with handling these cases on a daily basis. Hiring the right attorney at his level is your last chance at freedom and your last chance to get back into the justice system. In the Federal Court System the time period to file just the notice of appeal will begin the moment one is sentenced by the court. A good appellate attorney knows these timelines by heart and will be ready to get the preliminary issues related to your case underway. Court reporters and clerks must be contacted and directed to provide specific material to our law firm in order to get the appeal underway. Appeals can range in size from 10 pages up to over 40 depending on the issue presented in the trial or hearing. Every pages can represent a full day or more of legal research and writing. They can expand if there are issues that need extensive attention based on a constitutional violation. Our appellate attorneys in South Carolina are available many times during the week to discuss any appellate issue you or your family may want to discus.

]]> We provide some of the most extensive appellate representations in the United States. With offices in Miami, Charleston, SC, Georgia and soon in New York. We will be in great position to assist all of our clients and the general. If you need a good appeal lawyer in South Carolina call our or email us. We will get back with within 1 day.

Federal Supervised Release

2009-09-13T18:20:38Z

The Fourth Circuit Court of Appeal recently made a new ruling on the use of recorded telephone calls made by a non law enforcement agent. The case was based on a violation of supervised release by a federal defendant. The defendant was living with his girlfriend, who had some suspicious as to the defendants' relationship with his ex-wife. The girlfriend recorded the defendants' telephone calls and turned them over to his Federal Probation Officer. In the recordings, the defendant threatens to burn down the girlfriends home after she makes him leave. The district court allowed these telephone calls to be introduced as evidence during the defendants' violation hearing. The defendant objected to this evidence and was overruled by the District Judge. The defendant was sentenced to 24 months in prison.
The Fourth Circuit Court of Appeal held that, much like many other Circuits, there is a "Clean Hands" exception to the exclusionary rule. This falls under 18 U.S.C. Sec. 2518. In other words the complain-taint cannot set the defendant up for the violation. The Appellate court held that the the introduction of this evidence was improper. It did not matter that the girlfriend was not acting as a government agent at the time. This is a rare opinion out of the Fourth Circuit. It is the correct decision. The federal appellate attorney for this case should be extremely happy with the result for this Circuit.

]]> Our appeal lawyers in South Carolina are capable of handling a variety of appellate issues ranging from the direct appeal thru the United States Supreme Court and the post conviction relief action.

Myrtle Beach Checkpoints

2009-09-11T02:24:26Z

In recent news, the Myrtle Beach police announced that they issued over 45 citations and made seven arrests at a checkpoint set up on 17 business near highway 15 in Myrtle Beach on Wednesday morning. Five cars were towed from the scene, and the citations ranged from insurance violations, to driving under suspension, and vehicle registration violations.

The Myrtle Beach and Horry County police have also been setting up additional checkpoints and roadblocks at night to conduct sobriety tests as well as other illegal activity in an attempt to enforce South Carolina's DUI laws. Myrtle Beach attorneys have learned from the local police that an effort is being made across the state to crack on on drunk drivers as a result of the number of deaths associated with drinking and driving in the state last year.

The local police have also cracked down on other offenses related to drugs and alcohol by conducting checkpoints near popular nightclubs in the area. This has resulted in many arrests of tourists, students and locals for disorderly conduct, minors in possession of alcohol, resisting arrest, drug possession, simple assault and battery.

When charged with a crime, including a misdemeanor, it is important to consult with a Myrtle Beach lawyer or a criminal attorney in the area to discuss your options. By pleading guilty to one of these offenses, it could impact your future employment. Additionally, if you are student and you are convicted of a criminal offense, you could be expelled from school.

]]> The Mace Firm has an office in Myrtle Beach, South Carolina, and the attorneys in Myrtle Beach handle State and Federal criminal charges in Horry County, including North Myrtle Beach, Myrtle Beach, Conway, Surfside Beach, as well as Charleston, Florence and Columbia.

FBI Mortgage Fraud Task Force

2009-09-10T17:42:12Z

In 2007 the Federal Bureau of Investigation had around 120 agents working on Mortgage Fraud. That number is currently over 250 agents, 18 task forces, and 47 working groups. What does that mean? It means that the Bureau has been directed to focus on the mortgage industry. There will be innocent people taken down with the rest of the individuals who will be indicted in the coming months and years. These investigations take a considerable amount of time to investigate because of the paper trail needed to prove the case. Most of the fraud cases require some type of document confirmation. Usually this entails a mortgage application with false information, falsified tax returns, or lying about assets in order to get a mortgage. The problem with most mortgage fraud cases is not all the guilty parties are charged. For instance, the mortgage broker who tells you what to write on your application, the property appraiser who takes a little extra money to up the value of the home, or the bank who could care less about the application as long as they make money.

Defending a mortgage fraud indictment is document intensive. You must have an attorney that is familiar with the application process and the necessary elements the government must prove in order to convict.

Mortgage Fraud is actually one or a combination one or more of the following:
-Bank Fraud
-Mail Fraud
-Wire Fraud
And the fraud must have impacted a federally insurance bank. This means that the bank needs to be part of FDIC (Federal Deposit Insurance Corporation). Many credit unions and other investment houses cannot complain that they are a victim of fraud because they lack the FDIC requirement. The government has continually taken the position that they will not prosecute fraud cases that are against non-FDIC companies. This policy may change as more and more mortgage fraud cases are brought to light.

]]> Our federal defense attorneys in South Carolina are available to speak with you about any possible case that may be being investigated by the government. We have criminal attorneys in Charleston and in Myrtle Beach. We also have criminal defense attorneys in Columbia.

Oral Arguments in the U.S. Court of Appeals for the Fourth Circuit

2009-09-09T03:19:35Z

The Fourth Circuit is widely considered as the most conservative appellate court in the United States. However, it is also the most efficient, the Fourth Circuit usually issues its decisions within seven months after the initial brief and the government's answer brief is filed.

The court hears appeals from the District of Maryland, Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina, the District of South Carolina, Eastern District of Virginia, Western District of Virginia, Northern District of West Virginia, and the Southern District of West Virginia. The Courthouse is located in Richmond, Virginia. There are 15 judgeships, 10 active judges, one senior judge who continues to hear cases part time, and two retired judges who no longer hear cases.

When an appellate attorney receives oral arguments on a case, each side gets twenty minutes to argue their side to a panel of three Judges, and each Judge may ask questions relating the issues presented in your brief. A three light timer is used to monitor each side. When the light is green, counsel may begin, when only five minutes remain, the green light is changed to a yellow light, when the five minutes expire, the red light appears, signaling that counsel is out of time.

As a mater of tradition, the Fourth Circuit Judges come down from the bench after each oral argument to greet the appellate lawyers and to thank them for their advocacy.

]]> The Mace Firm has handled many federal appeals in the Fourth Circuit, and have received oral arguments on cases that present important issues relating to crimes of violence in light of the Supreme Court's decision in Begay. In December, the Mace Firm will again be before the court for oral arguments on a case that addresses due process rights at sentencing and whether a defendant's national origin or alienage may be a factor when formulating his sentence.

Fourth Circuit to Address Alien Status as Factor in Sentencing

2009-09-08T03:12:26Z

The Fourth Circuit has recognized that alienage is an improper basis for a sentence and violates due process. The Sentencing Guidelines also expressly prohibit a sentencing court from considering a defendant's national origin when calculating a term of imprisonment. In U.S. v. Salama, the Fourth Circuit held that it was harmless error for district court to comment about the defendant's alien status based on the particular facts of the case, however, the appellate court did note that the remarks were inappropriate. In U.S. v. Munoz, the United States Court of Appeals for the Fourth Circuit determined that a district court could consider a defendant's background, characteristics and conduct, thus, a court may refer to a defendant's alienage. For example, a court may make a reference to a defendant's national origin to deter similar criminal conduct by others of the same ethnic background, as long as alienage is not the basis of the sentence. The Munoz Court held that the connection between the targeted group for deterrence and the individual being sentenced must be the offense conduct and not the individual's national origin.

This issue will again be examined by the Fourth Circuit Court of Appeals in its December 2009 term. It will be interesting to see how the appellate court treats alien status as a factor in sentencing proceedings in light of the Supreme Court's decision in Booker. Other Circuit Courts, like the Second Circuit and Eighth Circuit Court of Appeals, have held that even the appearance that a sentence reflects a defendant's race, national origin, or alienage requires that the sentence be reversed. In the initial brief and reply brief, the appellant argues that the Fourth Circuit should adopt a similar rule. The government argues in its appellate brief that any error was harmless.

In Federal cases, a defendant is sentenced in a separate court hearing that is set well after a guilty plea or guilty verdict after a jury trial. During this hearing, the district court calculates a defendant's guideline range, address objections to the pre-sentence investigation report, decides whether any sentencing enhancements are appropriate, and if a downward or upward departure should be granted. Federal sentencing proceedings are complicated and as a result, the District Court often commits reversible error during these proceedings. The appellate court will reverse a defendant's sentencing when the District Court improperly applies the law or violates a defendant's constitutional rights.

When filing a federal appeal, an appellate lawyer uses case law precedent of the Circuit Court and U.S. Supreme Court to argue the defendant's position. However, in cases that present an issue that has not been addressed in that particular court of appeals, a federal appellate attorney will cite cases from other circuit courts to support their argument. It will be interesting to see what questions the Fourth Circuit will ask at oral arguments in Richmond, VA in December, and whether the Fourth Circuit will join the Second and Eighth Circuit in holding that even the appearance of ethnic or racial bias by a district court when imposing a sentence is unconstitutional, which would require a reversal and remand for a new sentencing hearing.

]]> The Mace Firm handles federal appeals in the Fourth Circuit Court of Appeals as well as the Eleventh Circuit Court of Appeals. Our appellate attorneys have a great deal of experience in interpreting case law precedent and applying the sentencing guidelines in federal courts.

Indictments for Bankruptcy Fraud in South Carolina

2009-09-06T19:20:54Z

In these difficult economic times, more americans have been filing for bankruptcy under Chapter 7 and Chapter 11 compared to previous years. As a result, the government has increased the number of bankruptcy fraud indictments in South Carolina. Bankruptcy fraud is covered in 18 U.S.C. section 152 and includes a variety of offense conduct, including concealment of assets, lying during a bankruptcy proceeding, false claims, knowingly receiving property from the debtor and omission of assets on a bankruptcy petition.

The corresponding United States Sentencing Guideline is 2B1.1(b). Under this guideline, the amount of loss is an important sentencing factor because it can greatly increase a defendant's base offense level. For example, the base offense level for bankruptcy fraud is a level 6, however, a ten-level increase is applied if the amount of loss is more than $120,000.00. The amount of loss is the amount of loss caused by the fraud. A federal defense attorney will want to calculate this figure as early as possible in the case so that it can be decreased or capped at a certain amount. When calculating an offender's amount of loss, the sentencing court considers the amount of debt discharged or the amount that was intended to be discharged, as well as the value of any concealed or omitted assets from the bankruptcy proceedings. In certain circumstances, the district court may also consider intended loss when calculating this figure.

Other sentencing enhancements for bankruptcy fraud include the use of sophisticated means, multiple victims affected by the fraud and misrepresentation during the course of a bankruptcy proceeding, which is almost always applied in these types of cases. If the offense involved 10 or more victims, a two-level enhancement is applied to a defendant's base offense level. Victims may include creditors. If a defendant uses sophisticated means to perpetrate the fraud, another two-level increase is applied during the sentencing hearing. Sophisticated means is especially complex acts or methods which assist in concealing the offense conduct. This includes using offshore accounts or shell corporations as well as setting up fictitious entities.

A federal attorney will object to these enhancements which are listed in a offender's pre-sentence investigation report. A probation officer prepares the pre-sentence investigation report, but the ultimate decision to apply these enhancements rests with the District Court judge. Therefore, an experienced federal lawyer will file written objections to these enhancements in order to save their clients substantial prison time at the sentencing.

]]> The Mace Firm handles all types of fraud cases, including bankruptcy fraud, mortgage fraud and bank fraud. If you have been indicted for fraud, you will need to hire a criminal attorney who handles federal cases. Federal attorneys are familiar with the United States Sentencing Guidelines and will therefore be able to effectively represent you against the government.

Federal Drug Offenses and the Sentencing Guidelines

2009-09-05T21:59:17Z

Although the United States Sentencing Guidelines are now advisory, they are still an important part of all federal sentencing proceedings, including drug crimes. Drug offenses are routinely prosecuted in federal court. Theses offenses can involve a variety of conduct, including drug conspiracies, federal drug trafficking, possession with intent to distribute, and possession of drug paraphernalia. Drug conspiracies may be proven through the use of circumstantial evidence, however, the following elements must be met: an agreement between two or more persons to possess or to possess with intent to distribute some kind of illegal drug or controlled substance, including cocaine, cocaine base, know as "crack", heroin, methamphetamine, or marihuana, the defendant must know of the conspiracy, and must also be knowingly and voluntarily part of the conspiracy.

Drug quantities are an essential part of sentencing in Federal Court. For example, a person convicted of drug conspiracy is not only sentenced based on his own conduct, but also on the basis of the conduct of his co-conspirators that was known to the defendant or was reasonably forseeable to him. This may even include uncharged drug amounts as well as all amounts charged in dismissed counts. This concept is known in the sentencing guidelines as relevant conduct. However, after the Supreme Court's decision in Apprendi, drug quantities which increase the statutory maximum penalty are elements of the offense which must be charged in the indictment and presented to a jury for proof beyond a reasonable doubt.

A federal lawyer may attempt to have the government stipulate to a specific amount of drugs before the sentencing hearing to minimize the potential guideline range. Additionally, a federal defense attorney will almost always file objections to the pre-sentence investigation report and a sentencing memorandum to highlight any mitigating factors to the court.

]]> The Mace Firm handles all federal crimes including federal drug offenses in South Carolina. Our federal attorneys travel to many different jurisdictions, including Florida, Georgia and South Carolina.