America's Criminal Defense Group - Our Legal Blog

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.