America's Criminal Defense Group - Our Legal Blog

The Los Angeles Times recently reported that a teenage girl’s name was used during a police interrogation of a murder suspect in 2003. Shortly after the interrogation, the murder suspect admittedly contacted a fellow gang member and order that the girl be killed for her cooperation with the police.  As if this wasn’t bad enough for those individuals who are willing to assist the police their investigation, imagine if you didn’t actual talk to the police about the case, much less point out a suspect in a line-up.  Martha Puebla, the 16yr girl that was killed, had her name mentioned by a homicide investigator during the interrogation of Jose Ledesma, a San Fernando Valley gang member.  It has been confirmed that the police fabricated statements she made, and then signed her name on a photo line-up card, and showed this to Ledesma. The following day, Ledesma ordered the hit on Puebla. http://www.latimes.com/news/local/la-me-lapd18-2008jul18,0,1700336.story. As a result, the 16yr old girl was shot and killed.

The tactic of police lying to suspects is well known. However, in a tragic incident like this, it becomes clear that even the police actions can have fatal consequences.  It may be understood why police lie, but this evidence demonstrates just how poorly investigative work has become.  It appears that more detectives these days have forgotten the true art of detection.  Lying has become the number one tool for many detectives, and their acts unfortunately don’t just impact criminal defendants.  A good criminal defense attorney at America’s Criminal Defense Group can easily spot a poor case - usually by simply evaluating the police reports. http://www.americascriminaldefense.com/html/murder.html

Now that the Federal government (FDIC) has effectively taken control over the once mortgage industry leading lender, Indymac Bank, it appears additional steps may be taken.  According to a report released by the Associated Press, the FBI is investigating Indymac on possible fraud charges.  The reports indicate that the fraud investigation is focused on the company, and not any individual employees.  And the illegal action? . . . . Aggressive lending to high-risk borrowers. http://www.cnn.com/2008/US/07/16/fbi.indymac/index.html ; http://latimesblogs.latimes.com/laland/2008/07/ap-fbi-probes-p.html

This appears to be yet another tactic by the government to hold more people responsible for the ongoing crash of the mortgage industry.  It all started with the real estate sales, then the brokers, and now the banks.  An interesting thread in all of these defaulted loans - it appears the borrowers who often over-estimated their income (”stated income loans” allowed this with little or no confirmation from the banks) are not coming under similar investigation.  Whatever happened to poor investment decisions?  Is every loan and home foreclosure going to lead to a criminal investigation? Is this the type of criminal investigation that the Feds and Local Law Enforcement should be focused on?  Whatever the answer are, many well-to-do individuals and companies will soon be facing Real Estate Department investigators, Dept. of Treasury, IRS, and FBI investigators in the near future, and will need the assistance of experienced criminal defense attorney with knowledge of the real estate and mortgage industries.

America’s Criminal Defense Group attorneys understand the criminal aspects in mortgage and real estate law, and are ready and willing to aggressively defend any person or entity who has been caught in the cross-fire.  http://www.americascriminaldefense.com/html/white-collar.html

Jocelyn Kirsch and Edward Anderton will soon face the music for their involvement in a years-long scam that defrauded many neighbors and friends.  Kirsch, daughter of a plastic surgeon in North Carolina, pleaded guilty to aggravated identify theft, and other related charges today in Federal Court.  Anderton, Kirsch’s boyfriend, will likely face up to 5yrs, for his involvement in the scheme.  The couple is estimated to have stolen upwards of $116,000 in goods and services. http://www.cnn.com/2008/CRIME/07/15/couple.fraud.ap/index.html

It is unknown how long the couple would have continued to get away with the theft, which funded lavish vacations and spending, if it wasn’t for a bounced check to a hair-stylist.  When the check was reported to the police, an investigation of Kirsch’s activities began. Authorities say that photos found on the couples’ computers showed them in exotic destinations, presumably living the life. Both Kirsch and Anderton were enrolled in college, and appeared to be heading in the right direction. Those plans will now be placed on hold for at least 5yrs.

Criminal defense attorneys in cases like this must do the extra work of demonstrating legitimate purchases, through the use of receipts or bank account activity, in an effort to prevent an overage in criminal charges. When defending clients in this type of case, America’s Criminal Defense Group’s attorneys work diligently with expert forensic accountants to distinguish legitimate funds from possible illegal funds, to obtain the best possible outcome for their clients.

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Recently, CNN ran an article explaining how the FBI does not really operate like many of the crime dramas on our TV’s nightly.  Although the FBI crime lab was the influencing force behind the hit show “CSI,” this and other shows like it tend to take liberties with the day-to-day operations, and the quickness and efficiency of the department.  And this is important, believe it or not, in the world of criminal justice. http://www.cnn.com/2008/CRIME/07/14/fbi.lab/index.html

More jurors in criminal cases are finding it difficult to believe in a person’s guilt, where there is no showing of DNA, fingerprints, or other such scientific evidence.  The world of criminal justice, in the eyes of most television viewers, must now be precise and infallible.  “No one’s infallible, . . . A mistake can be made. The idea is to minimize it. And the idea is to act on it if it was made and correct it, and make sure it doesn’t happen again,” says Robert Fram, chief of the FBI’s scientific analysis section. http://www.cnn.com/2008/CRIME/07/14/fbi.lab/index.html

The assistance of a criminal defense attorney, like those at America’s Criminal Defense Group, can be an incredible benefit to a defendant. By explaining which discrepancies to look for in a particular case, and persuading jurors to disbelieve allegations where there is no physical evidence of guilt, criminal defense attorneys are able to make a criminal defendant’s day in court truly meaningful.

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Authorities in Alabama today filed Federal charges against Raymond Gagnon, former step-father to Brooke Bennett, after apparently finding evidence of child pornography in his Cullman, AL home.  Bennett, 12, was discovered last week in a shallow grave in Vermont, about a week after she had gone missing. Her uncle, Michael Jacques, is currently charged with the girl’s abduction and murder in Burlington, VT.  Jacques is accused of luring the girl with the intention of initiating her into a child sex ring.  Gagnon is currently in custody in VT, where he is facing allegations of concealing information related to the girl’s disappearance investigation. http://www.cnn.com/2008/CRIME/07/07/missing.vermont.girl.ap/index.html

Although few details have been released regarding the contents of a possible computer found in Gagnon’s home, any images found with possible relation to any of Jacques’ activities could further tie Gagnon into a possible conspiracy charge with Jacques.  The criminal defense attorneys at America’s Criminal Defense Group know how to deal with investigators and US Attorneys in successfully resolving the most daunting of criminal charges. http://www.americascriminaldefense.com/html/computer-sex-child-porn.html

The 6^th Amendment to the US Constitution guarantees the right of the accused in a criminal prosecution to confront those witnesses against him/her.  However, in a disturbing trend, prosecutors throughout the nation, have been using prior police report statements to assist their prosecution where the witness is unavailable, or refuses, to testify against the accused at trial.  http://www.latimes.com/news/local/la-na-giles26-2008jun26,0,7381319.story

The US Supreme Court today reversed a Los Angeles man’s murder conviction, by ruling that no exception to the confrontation clause existed in his case.  Dwayne Giles was accused of murder after he admittedly shot his girlfriend six times at his residence. He and his criminal defense attorney claimed self-defense.  To attack his self-defense claim, prosecutors used the testimony from police officers who stated they had previously received reports from the victim that her life had been threatened by Giles.  This testimony convinced the jury to convict Giles.

Now, in order for the prosecution to use out of court statements, where the witness is not available, or refuses, to testify, they must also prove the accused committed some act to silence the witness.

The attorneys at America’s Criminal Defense Group understand the somewhat confusing evidentiary rules that serve to protect the accused, and are available to defend those who find themselves in the defendant’s position. http://www.americascriminaldefense.com/ 

The FBI and the Department of Justice (DOJ) announced Thursday, June 19, 2008, the indictments of hundreds of real estate industry players since March, 2008.  According to FBI estimates, the American public has been victimized by numerous real estate fraud schemes at upwards of $1BB.  “Mortgage fraud and related securities fraud pose a significant threat to our economy, to the stability of our nation’s housing market and to the peace of mind to millions of Americans,” Deputy Attorney General Mark Filip said in a statement. Over 400 people have been arrested since March as a result of “Operation Malicious Mortgage,” say FBI officials.  (http://www.cnbc.com/id/25265871)

“Most mortgage and real estate fraud charges focus around the initial applications filed by brokers and agents on behalf of their borrowers,” says Anthony Partipilo, managing director of America’s Criminal Defense Group.  (http://www.americascriminaldefense.com/html/white-collar.html#intellectual-property) The most common claims surround the misstatement or overestimation of income or assets, forged signatures on loan docs, or misrepresentations of the terms and conditions of the loan to the borrowers. Other areas of fraud can also be found in the inflated appraisals of real estate, or the misrepresentation of the borrower’s intent to occupy the property as a primary residence. (http://www.msnbc.msn.com/id/25259083/)

Although some would claim that such incidents should be left to the civil courts, more and more law enforcement agencies at both the state and federal levels are actively pursuing those accused of contributing to the declination of the mortgage industry in criminal court.  Any misrepresentation on applications or a poor explanation of the details of a loan, are landing many unsuspecting borrowers in hot water.  It seems the more successful you were during the real estate boom, the more likely your successes will come under suspicion and criminal investigation.

The attorneys at America’s Criminal Defense Group are fully aware of the intricate details involved in real estate and mortgage fraud charges, and are ready and able to counsel and represent the accused.

A recent article in the LA Times http://www.latimes.com/news/local/la-me-quota18apr18,0,668020.story?page=1, reported the use of a “quota system” in the federal prosecuting attorney’s office. Some current and former prosecuting attorneys acknowledged that they were directed to prosecute many cases that normally would not have been prosecuted. And the result for not following directions - Repercussions like unwanted job transfers, as well as a dock in their role as a prosecutor.  What these sources revealed is not only appalling, but an outright unjust and unethical way of practicing.

Apparently, attorneys in the Los Angeles US Attorney’s Office were given “encouragement” through the use of “performance goals,” by two of their bosses. Meet the goal, and not only do you not suffer any repercussions, but it may also include a financial incentive - a Bonus!  Who ever heard of someone getting a bonus for the amount of cases they prosecute?

This definitely raises a lot of questions regarding what the true motives are behind some criminal prosecutions. It blurs the line between justice for possible victims of crimes, by giving a prosecutor a financial incentive to prosecute a crime. It is no longer about doing justice, but doing whatever needs to be done to get paid, and advance your career.  And sometimes, this may mean a person who has not done anything wrong (which the evidence most likely shows), will continue to be prosecuted.  It is not about justice at that point, but a bonus check for the prosecutor.

Of course, we can’t use this to suspect every prosecutor of using ulterior motives when prosecuting a case. However, with quota systems like this in place, it definitely raises questions about what criminal justice is all about, and increases the need for more people to hire aggressive attorneys, like those at America’s Criminal Defense Group.

Higher education is not supposed to literally mean “high”-er education. Although, apparently for many SDSU students, they took that term and used its street meaning to great lengths on campus. According to several news reports, the Sand Diego DAs office, the Federal DEA has completed an extensive undercover drug operation on the campus of San Diego State University. According to reports, over 70 students, including fraternity leaders, were involved in regular drug sales on campus. It is not yet publicly known to what extent the individuals on campus were involved, but there are indicators that show a great deal of student involvement in the daily sales. Reports showed images of text messages sent from alleged sellers to the “faithful customers.”

Now, if you are not yet aware, the possibility that this “operation” was run by students is far fetched. Chances are a local drug dealer saw an opportunity to find plenty of small time sellers (eager to make a quick buck) who could easily establish some rapport with a plethora of buyers. This most likely produced a steady flow of sales to the real dealers - those that were not students at SDSU.

One thing that all those involved in this operation should know - if you’re a college student, you probably had a lot going for you. A drug dealing charge on your record could easily tarnish your record for life. The people in this whole deal who should be the most concerned, however, are the real drug dealers who were pushing their product on to the students at SDSU. With your once loyal sellers being students, and having so much to lose - it’s just a matter of time until they all start turning states evidence against you. Those once loyal sellers will be the same individuals testifying against the dealers at their criminal trial.  One thing is sure - all of those involved in the drug operation will need to hire outsanding criminal defense attorneys. The attorneys at America’s Criminal Defense Group have handled hundreds of drug cases - they know that each defendant will need a different type of representation. These defendants will need the type of attorneys at America’s Criminal Defense Group who just got a client a great outcome after he was caught with over 100lbs of marijuana in the bed of his truck!

Recently CNN reported that a trailer park in Pinellas County, FL had become somewhat of a haven for convicted sex offenders. One resident, a registered sex offender named Michael, called the park a “paradise.” He is just one of thousands of registered sex offenders across the nation dealing with the strict rules regulating what he can and cannot do on a daily basis. As he puts it, “as a sex offender, you’re told, you can’t do this . . . can’t go near a park, school, bus stop, church . . . but we do want you to do this . . .  just not “here.”  Well, the problem, according to Michael and many other people in his position, is that the definition of where “here” is, is becoming more restrictive everyday.  Unlike any other crime, where a prison sentence is imposed and the convicted felon serves his time, a sex offender has the added burden of registering, sometimes for life, as sex offender.  http://www.cnn.com/2007/US/10/17/trailer.sexoffender/index.html?iref=newssearch#cnnSTCVideo

Recently in California, residents passed Proposition 83 (Jessica’s Law), requiring newly convicted sex offenders to submit their persons to life-time monitoring by the state. Now, California law enforcement officials are feeling the added burden and expense of developing affordable programs to carry out the intent of the bill’s writers and the desires of the voters.  http://www.latimes.com/news/local/la-me-offenders19oct19,0,6116786.story?page=1&coll=la-home-center  This law, and others like it across the nation, are being challenged by criminal defense attorneys who feel the law is unconstitutional. With the added difficulty of deciphering the meaning of laws, figuring out who the laws apply to (does it apply to dangerous sex offenders, or the 19yr old-boy who had sex with his 17-yr old girlfriend, or both), and implementing some process of enforcement, we may see more of the sex offender parks springing up around the nation.  As a Sgt. from the Pinella’s County Sheriff Sex Offender Tracking unit put it, “They’re gonna see us in here very, very frequently, and we’re gonna make sure they are abiding by the registration requirements.” Maybe this is the answer. Create parks designated for sex offenders only.

Hey Nation, get ready, because here comes ”SEX OFFENDER LAND!”