South Carolina Criminal Lawyer Blog

The Federal Bureau of Investigation in New York announced that Elviston Ramasir, the former president of Home Free Realty, Inc, was sentenced to 51 months imprisonment for committing real estate fraud schemes in New York. Ramasir pled guilty to stealing $1.5 million from an investor. In that scheme, Ramasir promised significant returns if the victim invested in properties, but Ramasir never purchased them. He told the investor that he had obtained 38 properties in Brooklyn and Queens; however, most of the properties did not exist or were owned by other individuals. Ramasir also created false documents and forged them to make the investor believe he had actually purchased the property. In reality, Ramasir had used the $1.5 million for his own personal use. Ramasir also pled guilty to another scheme in which he used Craigslist to solicit renters for properties he owned. The renters would provide him money, but Ramasir would not allow them to occupy the property. Ramasir was sentenced to 51 months in prison for the crimes, three years supervised release, and was ordered to pay over $1.4 million in restitution.

Today, defendants involved in white collar crimes are sentenced more harshly due to the increase in these types of cases. There are several different types of white collar crimes (i.e. mail fraud, wire fraud, real estate fraud, etc.) and the appropriate defenses often depend on the particular crime charged in the indictment and the amount of money involved. Sentencing will usually vary according to the amount of money at issue, the number of victims that have been harmed from the fradulent conduct, and the defendant's role in the illegal conduct. An experienced federal defense lawyer will be able to consider these factors and come to a accurate estimate of the penalties that the defendant could potentially face. As such, it is important to seek an attorney in both the pre-indictment and post-indictment stage so that they can advise you on the best approach to take in your case.

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White Collar Crime is a term for crimes involving bank fraud, blackmail, bribery, cellular phone fraud, computer fraud, counterfeiting, credit card fraud, currency schemes, embezzlement, environmental schemes, extortion, forgery, health care fraud, insider trading, insurance fraud, investment schemes, kickbacks, larceny/theft, money laundering, racketeering, securities fraud, tax evasion, telemarketing fraud, and welfare fraud. Our good criminal defense lawyers have experience in defending white collar crimes in federal and state court.

White collar crime is nonviolent and involves deception. Most people who commit a white collar crime are caught because they leave a paper trail of evidence. Depending on which type of law is broken, state or federal, these crimes can be prosecuted at the state or federal level. If you are convicted of any of these crimes, you stand to spend time in jail, pay large fines, and you will probably have to pay restitution to the victim. It is important that if you are charged with a white collar crime that you contact a criminal defense lawyer as soon as possible.

Federal white collar crimes are extremely complex. You will need someone who is experienced in the federal court system. Our Charleston criminal defense lawyers have been defending companies and individuals in federal court for many years. If you or someone you know has been indicted or is worried that they may be indicted for a white collar crime, please call The Mace Firm to schedule a consultation with one of our Charleston criminal defense lawyers.

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According to the New York Times, the Securities and Exchange Commission approved rules on a $300 million whistle-blower program. The provisions were partly incorporated since the agency failed to uncover the Ponzi scheme of Bernard Madoff. The new rules allow the S.E.C. to provide payment of 10 to 30 percent of the penalties collected to tipsters when the amount exceeds $1 million. The size of the reward will depend on the value of the tips provided and the tipster's cooperation. Further, a whistle-blower is permitted to bypass the company without giving them a chance to investigation the allegations and provide information directly to the S.E.C.

Several individuals involved in the S.E.C. do not believe that these rules will create a reduction in this type of crime. Rather, many argue that white collar crime and fraud will be prolonged because the S.E.C. will react slower than the companies themselves. Opponents of the new rules also state that the S.E.C. will likely not be able to handle the overflow of complaints that will occur in the future. However, Sean McKessy, the chief of the S.E.C.'s whistle-blower office, explains that the agency will be able to improve on its ability to distinguish credible tips from false leads because whistle-blowers will be required to provide sworn statements under penalty of perjury. On the other hand, the United States Chamber of Commerce believes that this will only cause attorneys to advise potential whistle-blowers to bypass the company and go straight to the S.E.C. The Chamber of Commerce did not address the incentive that whistle-blowers would have to receive an increased reward if the company was notified first. Of course, the rules exclude persons involved in the wrongdoing from receiving an award. It is not yet known how future whistle-blowers and attorneys will react to this new set of rules.

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The perjury trial of Barry Bonds has begun and the wasting of your tax dollars to prosecute what we all could care less about in this economy. The United States Attorney has a job to do and they at times do it well. It is difficult to convict many defendants that are sophisticated and can afford a great defense. In this case, the government is spending millions to stop Barry Bonds from ever lying to a grand jury again? Barry Bonds made one mistake, he opened his mouth. As with Martha Stewart, there seems to be some confusion about what the government can and cannot prove prior to any interview with a particular defendant. As in both of these cases the federal indictment is not based on some substantive violation of the federal code, but rather a lie to either the grand jury for federal law enforcement. In plain English, our government stands for the proposition," If you break the law, or we think you broke the law, we want you to go ahead and admit that you broke the law without us ever having to get any evidence besides your own words." The one caveat being, that you must be someone the government wants to get.
Barry Bonds is a great target. No well liked by most, defiant of authority and in general no a sympathetic person. Mr. Bonds's federal defense lawyer has had a few years to prepare for this case and I am sure the legal fees are in the millions by now. The more money you have for your defense the more of a chance you will have in federal court. There is no substitute for unlimited resources when in court. The federal government will spend millions and use every means necessary to convict Mr. Bonds. The criminal defense lawyer will need as much money and time as the government to defend this case. A good criminal defense lawyer spends hours, days, weeks, months and even years preparing for a federal trial. Our criminal defense lawyer in Charleston, South Carolina spends hundreds of hours preparing for federal trials each year.

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Fraudulent and unethical behaviors in business environments aren't hard to come by on the evening news. We have all heard about Enron, right? Enron executives hid billions of dollars of debt from failed business deals, causing the company to go bankrupt. A lot of the executives at Enron were federally indicted for multiple charges and sentenced to prison. According to Time.com, "the jury convicted the entire firm, but it focused the blame on a single person, Andersen's Chicago-based lawyer Nancy Temple, who, according to the legalese, played the 'corrupt persuader' who led others astray."

What about WorldCom? Time.com reports that "investigators revealed that WorldCom had executed what was then the largest accounting fraud in history, with more than $11 billion in accounting misstatements. It was also alleged that CEO, Bernie Ebbers, had taken $366 million in personal loans from the company." It seems as if these large company executives are becoming very greedy with money that doesn't belong to them. Their situations seem to irreversibly spiral out of control which gets them in way over their heads.

What if you work for a company who commits fraudulent acts? What if you didn't say anything about those accounting discrepancies? What if your silence is mistaken for admission of guilt? You shouldn't have to go down with a company who is defrauding their stock-holders if you had nothing to do with the crime. Our Charleston Criminal lawyer is available to defend this type of case.

If you or someone you know or work with is involved in a white collar crime, you may need to contact one of the South Carolina federal criminal attorneys at The Mace Firm.

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Jerry Wells is accused of embezzling from another company while out on bond pending his surrender to federal prison. Wells was the CFO of Doctors Care medical clinics from 1995 until he was caught in 2008. The State of Columbia reported that Wells had been hired to get the company our of bankruptcy. Now it appears another $40,000.00 has been embezzled from an unknown company. With this new information Wells is in for a rude awakening at his sentencing hearing. His previous agreement of 6 1/2 years will be down off the table. Under the United States Sentencing Guidelines, a federal judge may review his relevant conduct at sentencing. In this case a good federal defense lawyer will have to work overtime to avoid a massive increase in prison time.
Embezzlement is a white collar crime, and as such carries less severe periods of incarceration than gun and drug related crimes. The actual time of incarceration is based in large part on the actual and the intended amount of monetary loss that can be attributed to a particular defendant. One thing is certain, the probation officer interviewing the defendant will add as much loss as possible to the Presentence Investigation Report. It is the defense lawyer who must get the loss amount down to a low number at sentencing. Our federal defense lawyer is experienced in objecting to loss amounts and argue actual loss v. intended loss at a federal sentencing.

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The Department of Justice has been pushing health care related fraud investigations for the past several years. This includes medicare fraud and medicaid fraud investigations. Our federal defense lawyers have been in contact with several government agents and attorneys for the government in an effort to prevent several individuals and corporations from facing federal indictments. This type of case is considered a white collar case as is any fraud based indictment. The office of the Inspector General also conducts investigations into this type of allegation. With any investigation, a good federal defense lawyer is important. It is critical to understand that an investigation titled as an audit, examination or clarification, is still an investigation. Any investigation can lead to an indictment. Our federal defense lawyers have handled these types of cases in many different states.
WHAT TO WATCH FOR?
One of the biggest motivators for a health care fraud investigation is the fact that anyone who reports the violation/s may be eligible to receive a monetary reward for reporting the fraud. Who would do this to a company that has not done anything wrong? An employee that was fired because of attitude or performance or for fraudulently billing themselves. The employee then contacts the government or one of several private entities that also seek a payoff for their investigative work. The most important thing to do when there is even a hit of a disgruntled employee and an investigation is to call an attorney. The worst thing to do is destroy documents, modify documents or do anything outside your normal course of business. It is critical for a good federal defense lawyer to get involved and initiate his own investigation. It is important to understand the dynamics of these types of investigations and the possible outcome.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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