South Carolina Criminal Lawyer Blog

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" »

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 U.S. Securities and Exchange Commission filed a civil fraud suit against Goldman Sachs Group in April of this year. While in litigation, S.E.C. also referred the investigation to federal prosecutors for the Southern District of New York, which could potentially lead to additional issues for the investment company. S.E.C.'s main argument is that Goldman has been defrauding its investors in relation to a mortgage deal known as Abacus 2007-AC1. Allegedly, there are internal e-mail messages within the company wherein employees had vilified investments that they were selling to customers. Basically, the company created an investment vehcile that allowed certain investors to bet against the housing market crash by purchasing securities to counter the mortgage bonds they believed would fail. Goldman was selling these same investments to its customers. Its customers lost billions when the housing market crashed while the investors that bet against them profited. This type of situation is commonly known as white collar fraud. This instance of white collar crime is especially signficant since, at this point, it involves an entire company rather than select individuals. Prosecutors often find difficulty charging a whole company because it can potentially upset the economy. The alternative is identifying key players involved in the conspiracy to decrease the effect.

At this point, the company is only under a preliminary investigation and little is known about the effect this criminal inquiry will have on the firm. According to a recent post from USA Today, if Goldman Sachs chooses to admit wrongdoing to avoid criminal prosecution, then its reputation as a key investor could be lost. This places Goldman in a particularly uneasy situation since the future of the company could be at stake depending on the result of these investigations. The company has continued to deny any involvement or wrongdoing that has been alleged by S.E.C.; however, in civil cases, the plaintiff wins if a preponderance of evidence is shown in favor of the plaintiff. In short, if S.E.C. is able show the jury that there is a more than a 50% probability that Goldman Sachs was directly involved in the investment scandal, then they will likely win their suit. On the other hand, criminal law involves a higher burden of proof in which the prosecution must prove its case beyond a reasonable doubt. This is the reason that prosecutors wish to conduct an investigation prior to filing an indictment in order to collect as much evidence as possible in connection with the alleged crime.

If the company or selected executives associated with the company are indicted, then it will be important to hire a knowledgeable attorney that specializes in white collar crime. An experienced defense attorney will be able to discuss any issues within the case and the possible outcomes that may result.

Continue reading "Goldman Sachs - White Collar Crime" »

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.

Continue reading "Myrtle Beach Attorney Indicted" »

A Loris Woman has been charged by the Solicitor's Office in Conway with embezzling $150,000.00 from a Linen business. The woman was being investigated by the South Carolina Law Enforcement Division and the Loris Police Department. The woman will have court later this year. Embezzlement is a white collar crime. This means that the crime had not violence and was based on a financial gain. Embezzlement is the acquiring of assets (usually cash) through dishonesty while in a position of control over the assets. In this case it is not clear yet as to the position the defendant held at the company. It is obvious that the defendant had to have been in a position that allowed access to the financial resources of the company. These type of charges will usually require restitution for the amount that is alleged to have been embezzled.

One key piece of evidence will be the defendant's financial status and records. Did the defendant have bank deposits that do not match the income level of the defendant? Law enforcement will seek to build the case on a paper trail of information. It is unclear as to what Myrtle Beach Criminal Defense Attorney will be representing the defendant. One of the first things that should be considered is the defendant's ability to repair the embezzled funds. A determination on whether the solicitor can prove the case must also be considered based on the discovery provided. Our South Carolina Defense Lawyers are experienced in defending embezzlement indictments.

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The FBI has released statistics showing a significant decrease in the amount of white collar crime investigations it has untaken in the past several years. Much of the agency's resources have been tasked to counter terrorism. This shift caused the assignment of over 1,800 FBI agents to the counter terrorism task force. This shift in policy is now changing. The FBI is now back in the business of prosecuting white colla crime.
In recent months the Federal Bureau of Investigation has launched over 1,500 mortgage investigations. This number will increase as the economy suffers from the mortgage crisis. Congress is now calling for an increase in the annual budget for the Bureau to investigate economic crime. This increase will create a large number of white collar federal indictments. These indictments will range from mortgage fraud, bank fraud, investor fraud, wire fraud, mail fraud and money laundering. The Bush administration began prosecuting business crime in the first term, but in the second term recommend that the Justice Department take a more friendly approach to business. This has brought about the decrease white collar crime prosecution. That trend is on its way out.
Anyone who has caused the downfall of any company will be held responsible for this down fall. Years ago this was the business judgment rule when a company went out of business or had significant losses. Now it is fraud. Defending a white collar indictment takes time and effort. The key to the defense is showing a defendant did not have the intent to defraud the company or anyone else in the indictment. Our white collar defense attorneys are experienced in defending federal indictments all over the country. Knowing the sentencing guidelines and how to limit a client's exposure and being a trial lawyer are key to a good defense.

Continue reading "Federal Bureau of Investigation Decreases White Collar Investigations" »

The Federal Bureau of Investigation has several programs in South Carolina that they have instituted to combat white collar crime. Their white collar crime program covers a variety of related federal offenses.

The following are examples of what is covered by the White Collare Crime Program:
Insurance Fraud
Money Laundering (Usually Related to Drugs)
Financial Institution Fraud (FIF, i.e. Bank Fraud)
Telemarketing Fraud (Especially against Seniors)
Environmental Crimes (Dumping and Polution)
Public Corruption (Bribes)
Health Care Fraud (Medicare Fraud)(Medical Over Billing)
Bankruptcy Crimes (Usually Business Related)
Securities Fraud (Mortgage Fraud could be included here)

These criminal investigations in South Carolina are prosecuted by the United States Attorney in South Carolina. Walter Wilkins is the current United States Attorney in South Carolina. There is also a Federal Public Defender in South Carolina. Parks Smalls is the Federal Defender for South Carolina. The FBI has field offices in most of the cities in South Carolina. The FBI has offices in Myrtle Beach, Florence, Charleston, Columbia (Main Office), Greenville, Aiken and several other smaller cities in South Carolina.

Most of the high profile cases are listed on the FBI's website and the United States Attorney website for South Carolina. These press releases give the public a view as to what is being investigated and prosecuted by the government. All of these listed investigations have been indicted by the government. Defendants are indicted in the region in which the government feels the crime has been committed. Our office defends federal indictments all across the country. Defending a federal indictment takes experience, hard work and a willingness to communicate with a client about the government and its policies on white collar crime. A good Federal Defense Attorney in Columbia can help minimize your exposure to a federal indictment.

Continue reading "FBI and White Collar Crime in South Carolina" »

The FBI has defined White Collar Crime as an economic crime. Many definitions of white collar crime include the characteristics of the defendant as being wealthy to the crime being one of deceit. This typically is embezzlement, bank fraud, or what most consider economic crime. The Enron case was the typical example of white collar crime; very wealthy defendants charged with fraud. This accounting fraud has become a new breed of indictment in recent years. South Carolina has rarely used this as a basis for an indictment. Many South Carolina white collar crimes are related to bank fraud, wire fraud and recently mortgage fraud. Many lawyers in South Carolina have not had to defend clients for white collar crime. In Miami, white collar crime is a popular indictment. Sophisticated transactions can be mistaken for fraudulent actions if viewed in the wrong light. A good criminal defense lawyer will know how to represent a white collar defendant in the best possible way.
South Carolina has one of the lowest percentage of white collar crime indictments in the country. This will change as South Carolina continues to grow. The recent explosion of development in Myrtle Beach, Charleston and Greenville will create an environment for the expansion of the investigations by the United States Attorney for South Carolina. This expansion will included white collar crimes investigations. As mentioned in earlier discussions, mortgage fraud will be a white collar crime ripe for indictments.

Continue reading "South Carolina White Collar Crime: Accounting Fraud" »