Miami Criminal Attorney Blog

A high number of drunk driving arrests are expected as authorities hit the streets for the labor day weekend. Consulting a Miami DUI lawyer should be your first priority if you or a family member is charged with an alcohol-related offense, either on the road or on the water.

Drunk driving charges can be beat. In fact, only about half of those arrested last year on a DUI charge were found guilty, according to the Florida Highway Patrol-- 36,872 were found guilty of the 63,019 arrests. Fewer than half of Miami drunk driving defendants were convicted -- 2,703 of 5,955.

Moreover, sobriety checkpoints account for less than 1 percent of DUI arrests. But police agencies continue to use them as a public relations tool (and because they pay overtime). The patrol and local law enforcement are participating in a nationwide crackdown through Labor Day -- "Drunk Driving. Over the Limit. Under Arrest."

"Drunk driving is simply not worth the risk," said FHP Director, Colonel John Czernis. "Violators often face jail time, the loss of their driver license, higher insurance rates, attorney fees, time away from work and dozens of other expenses. Do not take the chance. Remember, if you are over the limit, you can expect to be under arrest."

Those who are charged should immediately hire a Miami DUI attorney. An experienced lawyer will challenge evidence, including probable cause for the traffic stop and the results of field sobriety tests and breathalyzer examinations. Field sobriety tests are entirely subjective and are really nothing more than an opinion of guilt by an officer whose job it is to gather evidence of your guilt. Many drivers mistakenly believe a good showing on field sobriety tests will permit them to go on their way. This is not the case. Typically, an officer has already decided to arrest you by the time he or she asks you to perform the tests.

Breathalyzer results are also under constant attack. In fact, the manufacturer of Florida's breathalyzer machines is currently ignoring a court order to reveal the computer code used to determine breath results. The company claims it is a trade secret while a judge has ruled in favor of defense attorneys who are seeking the information to better defend clients.

Drunk driving charges can lead to jail time, the loss of your driver's license, skyrocketing insurance premiums and job loss. Enhanced penalties for a subsequent offense are a real danger -- particularly when driving around with a DUI conviction becomes an invitation for future stops by law enforcement. The total cost of an average drunk driving arrest can reach $10,000 or more. Spending some money on an experienced attorney is the best course of action for protecting your rights, your freedom and your financial well-being.

Continue reading "Miami DUI lawyers wish you a safe and enjoyable Labor Day weekend" »

A Miami-Dade elementary school teacher has been removed from the classroom after being arrested for drunk driving and charged criminally this month for allegedly threatening the police officer, the Miami Herald reported.

Hiring a Miami drunk driving defense attorney is critical for many reasons: jail time, driver's license suspensions, community service, alcohol assessment and skyrocketing insurance premiums often follow a DUI conviction. And the charges are frequently defensible -- particularly for first-time offenders. State DUI conviction rates show only about half of motorists charged with DUI are convicted of the crime in any given year. The increased penalties for a subsequent offense is another excellent reason to fight the charges -- as is the increased risk of being stopped and questioned by law enforcement after you have a drunk driving conviction on your record.

But employers are increasingly taking a zero tolerance approach to drunk driving. Meaning that hiring an aggressive and experienced defense lawyer can be vital to protecting your job, your livelihood and your financial well-being.

In this case, the teacher at Dr. William Chapman Elementary School has been reassigned to office work, pending the outcome of the case. The 42-year-old woman was stopped on Aug. 4 when an officer said she was swerving in an out of traffic on South Homestead Boulevard. Police report she also threatened to allege that the officer molested her during the arrest.

The officer reported she had "watery eyes, flushed face and slurred speech." This is typical probable cause cited on most DUI arrest reports. About 175 people a day are charged with drunk driving in Florida, according to the Florida Highway Patrol. It is entirely possible that all 175 of today's reports will cite "glassy, bloodshot eyes and an odor of alcohol" as part of the arrest.

And it is just as meaningless in the hands of an experienced defense lawyer.

The defendant told the media that she was handled roughly by the officers, who said they were going to report her to the school district.

She is charged with DUI, battery on a law enforcement officer and resisting an officer with violence.

Continue reading "Criminal charges levied against Homestead teacher illustrates need for aggressive DUI defense to save job" »

Miami Heat player Udonis Haslem is facing a criminal marijuana possession charge after a weekend traffic stop, the Miami Herald reported.

A Miami defense lawyer experienced in handling drug charges in South Florida can assist a defendant in determining the best course of action. It's important to fight to keep a drug charge off your record -- even a misdemeanor marijuana possession charge. Such charges can make it difficult to obtain certain jobs and may even prevent you from joining certain professions. A drug charge may also impact your ability to qualify for some types of government aid, including student loans.

Haslem was charged with marijuana possession, speeding and a window-tint violation, according to the Florida Highway Patrol. He was pulled over in his 2008 Mercedes-Benz for going 78 mph in a 60 mph zone.

After police allegedly smelling marijuana, Haslem and a passenger were searched and charged with marijuana possession. The Miami-Dade Corrections department reports he was charged with four counts of possession of drug paraphernalia and one count of possessing more than 20 grams of marijuana.

A defense attorney will likely challenge the arresting officer's probable cause for the search. In cases where drugs or other evidence is obtained through unlawful search, the charges are frequently dismissed.

Marijuana is banned by the NBA. A player who pleads guilty or not contest, or who is convicted of a marijuana charge, is required to enter the NBA's substance counseling program.

Continue reading "Miami Heat player charged with criminal possession of marijuana in South Florida" »

A trio of defendants have pleaded guilty to federal criminal fraud charges in Miami in connection with a mortgage fraud scheme that resulted in the issue of more than $2.5 million in fraudulent loans, according to the U.S. Attorney's Office for the Southern District of Florida.

Our federal criminal defense lawyers in Miami provide experienced representation to clients facing fraud charges or other criminal allegations in federal court. As we continue to report on our Miami Criminal Attorney Blog, these cases are more frequently being prosecuted under federal mail fraud and wire fraud laws.

In this case, a mortgage broker, two loan processors and a straw buyer were implicated. The defendants lived in Pembroke Pines, Jupiter, Hollywood and North Lauderdale. Charges included making false statements on HUD documents and conspiracy to commit mail and wire fraud.

In other news, two hotel developers have pleaded not guilty to federal fraud charges in Fort Lauderdale after being accused of hiding more than $150 million from the Internal Revenue Services, according to Businessweek.

In this case, Mauricio Cohen Assor, 77 and his 46-year-old son, Leon Cohen Levy, face more than a decade in prison if convicted.

Both are set for trial on Sept. 7.

The men are accused of using shell companies to conceal ownership of $55 million in Miami Beach commercial properties, a $45 million investment portfolio, homes in New York and Florida and a fleet of luxury cars. They are also accused of failing to pay taxes on the earnings and assets.

Authorities allege the two men used numerous shell corporations to hid proceeds from the $33 million sale of the New York Flatotel in 2000. Lawyers for the men say they were employed by the companies and had no ownership stake.

The case is set for trial in the U.S. District Court for the Southern District of Florida.

Continue reading "Federal criminal wire fraud and mail fraud charges continue to be filed in Miami fraud schemes" »

Un individuo de Miami de 29 anos de edad, enfrenta cargos criminales en coneccion con un esquema  hipotecario fraudulento en el sur de la Florida que alegadamente costo a los bancos mas de $7 millones, segun reporta el South Florida Business Journal.
 
Nuestros abogados criminalistas de Miami continuan reportando el gran numero de cargos presentados por fraudes hipotecarios a raiz del colapso del mercado de bienes raices. Bancos que realizaron prestamos altamente cuestionables, ahora tratan de lograr el encausamiento de clientes que no fueron del todo honestos al declarar sus entradas y otros factores en sus solicitudes de prestamos. En algunos de estos casos, los clientes que han sido victimas de la crisis economica, enfrentan ahora cargos criminales.
 
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En este caso, el acusado enfrenta cargos criminales federales en Miami, incluyendo conspiracion para cometer fraude bancario y  de someter declaraciones falsas en las solicitudes de prestamos al Bank of America y a JP Morgan Chase.
 
Los cargos fueron presentados por la fiscalia del gobierno federal en el distrito del sur de la Florida. Las propiedades estan localizadas en Miami Beach, Lake Worth y Wellington.
 
El individuo encausado ha sido acusado por el gobierno de conspirar con otros para presentar solocitudes de prestamo falsificadas y de usar supuestos compradores falsos para tomar parte en el esquema. Cada cargo acarrea una pena de hasta 30 anos de prision si es condenado. Las autoridades han declarado que el acusado sometio solicitudes de prestamo que contenian informacion falsa sobre sus entradas, sus haberes e intencion de habitar las residencias.
 
El alegado fraude resulto en mas de $7 millones de perdidas para varias instituciones bancarias.
 
Si usted ha sido victima de un esquema fraudulento en el sur de la Florida, o enfrenta cargos criminales relacionados con bienes raices en el area de Miami, comuniquese con la firma Barakat, Jacobs & Associates para una cita confidencial donde se podran discutir sus derechos. Llamenos al (305) 350-5055.
 
Categorias:
 
Ley criminal.
Cargos de Fraude en Miami.
Fraude de Bienes Raices.

A jury has found two women guilty of mortgage fraud in Miami, according to the U.S. District Attorney's Office for the Southern District of Florida.

The defendants, ages 36 and 51, were found guilty of conspiracy to commit mail and wire fraud. Our Miami federal defense attorneys continue to report on the large number of mortgage, real estate fraud, bank fraud and investment fraud cases that are being prosecuted in the wake of the collapsing real estate market and the economic recession. Increasingly, defendants are facing conspiracy and fraud charges in federal court, which always requires the skills and experience of an aggressive defense firm.

The South Florida Business Journal reports that the women were among 41 people charged in six mortgage fraud cases in July 2009.

In this case, the government alleges $21 million in fraudulent loans were obtained. One of the defendants worked for a mortgage lending company. The owner of the company was sentenced to 120 months in prison in January 2009.

The defendants are accused of submitting false HUD-Settlement Statement Forms, which inflated the true purchase price of various properties. One of the defendants acted as a straw buyer on at least three loans totaling more than a million dollars. The government also alleged that the loan applications included false employment information, pay stubs, income and funds of deposit.

The defendants face up to 20 years in prison along with mandatory fines and restitution. Sentencing is scheduled for Oct. 22. The case was investigated by the Federal-State Mortgage Fraud Strike Force, the U.S. Postal Service and the State of Florida Office of Financial Regulation.

Continue reading "Two women facing decades in prison after being convicted in Miami mortgage fraud case" »

Two juveniles are charged in connection with the shooting of a 17-year-old Miami Gardens teenager and a toddler, who suffered a gunshot would to her foot, the Miami Herald reported.

An experienced Miami juvenile defense lawyer should represent both these teenagers. Both are facing serious charges and either could be charged as an adult. Many times, police make an arrest hoping the statements of the defendants - or the contradicting version of events - will help strengthen the case against one or both of the accused. Frequently, a defendant's statements are the strongest evidence used against them in court. If you are facing arrest or police questioning in connection with a crime, we encourage you to remain silent until you can consult with an experienced defense attorney.

The 17-year-old defendant is facing charges of aggravated assault with a firearm and discharging a firearm in public, after police report he took several shots at the victim near the corner of Northwest 13th Avenue and 62nd Street.

Two days later, the victim was shot in the head at his mother's home on NW 62nd Terrace; his toddler niece was struck in the foot during that incident. A 16-year-old defendant has been arrested and charged with two counts of attempted felony murder and two counts of aggravated assault with a firearm. The defendant reportedly told police he was a gang member and knew about the shooting but denied any involvement.

He said the shooting could have involved retaliation between rival gangs for a previous shooting at the Liberty Square housing project.

Continue reading "Miami juveniles could face adult charges in shooting of teenagers, toddler" »

Four South Florida defendants are each facing a charge of conspiracy to commit wire fraud in connection with an alleged mortgage fraud scheme in Miami.

Our Miami defense lawyers aggressively fight for the rights of clients facing mortgage fraud charges in the wake of the collapsing real estate market. Many of these allegations are made against investors who are guilty of nothing more than losing money in the economic downturn. Having loaned money to anyone with a pulse -- without bothering to verify income or other paperwork -- banks are now crying foul. However, the government is increasingly turning to conspiracy and wire fraud charges as the easiest way to ensure convictions. The best defense against such charges is an aggressive offense.

In this case, a South Florida attorney and three other Miami-area men are accused of submitting loan applications and closing documents that contained false information. They are each charged with wire fraud, in violation of Title 18, United States Code, Section 1349, which is a conspiracy charge. This means the government does not even have to prove that a crime took place, only that there was planned intent to commit the underlying criminal offense. In this case, wire fraud is charged and the penalty is up to 20 years in prison.

The investigation was conducted by the United States Attorney for the Southern District of Florida, the U.S. Postal Inspection Service, the State of Florida Office of Financial Regulation and the Florida Department of Law Enforcement.

The South Florida Business Journal reports the alleged fraud involved mostly condominiums in Miami-Dade County and led to $6 million in bank loses.

Continue reading "Miami real estate fraud charges increasingly relying on conspiracy and wire fraud allegations" »

Federal authorities have indictment six men on real estate fraud charges in Miami for allegedly participating in a scam that used profits from mortgage fraud to buy marijuana grow houses, the South Florida Business Journal reported.

Barakat, Jacobs & Associate's focus on criminal defense in Miami and mortgage fraud in South Florida put the firm in a unique position to defend such cases. The number of mortgage fraud allegations has skyrocketed since the economic downturn. And in many of these cases the defendants are guilty of nothing more than making poor real estate investments. Marijuana grow houses are also a significant issue in South Florida and the availability of vacant real estate has led to squatters, renters and others who have been charged with operating grow houses. However, it is frequently the landlord or property owner who faces forfeiture of their property or even criminal charges. Hiring a Miami criminal defense attorney is a critical step to protecting your rights as a property owner.

In this case, the six defendants face 44 separate criminal charges, including conspiracy to commit mail fraud, mail fraud and money laundering. Ranging in age from 36 to 62, they face 20 to 40 years in prison if convicted. Authorities say the case started with grow-house arrests in Port St. Lucie in 2006. Investigators subsequently found grow houses operating in Palm Beach and Miami-Dade counties.

The indictment alleges that most of the properties were obtained through mortgage fraud committed by one of the defendants, who owed a mortgage company. The defendants allegedly submitted loan applications to mortgage lenders that contained false information. They also used false bank statements, W2 forms, pay stubs, verifications of deposit and verifications of employment.

The Palm Beach Post reported the group paid $370,000 for a house that had traded three months earlier for $232,200. In another case, the group allegedly flipped a property among themselves, buying for $370,000 and selling for $420,000.

Continue reading "Miami mortgage fraud indictment alleges properties used as marijuana grow houses" »

Even the leading candidate for governor has been involved in a massive criminal scheme that ended with Florida Medicare fraud charges.

The Pensacola News Journal cited Rick Scott's $1.7 billion Medicare fraud case in endorsing Bill McCollum for governor. "Ironic, given Florida's status as a hotbed of medical fraud," the paper wrote. Scott maintains he was not involved in the scheme with which his hospital system was charged.

Our Miami criminal defense lawyers continue to report the large number of Medicare and health care fraud charges originating in South Florida. Authorities contend that it has replaced drug trafficking as the area's largest criminal enterprise. Yet our Miami Criminal Attorney Blog reported just three federal investigators were assigned to the region last year. The increased emphasis on enforcement, without increased manpower and other assets, increases the likelihood of hardworking medical professionals being wrongly charged.

And those whose identities are used to perpetrate health care fraud can find it difficult to qualify for legitimate medical services and often face challenges similar to victims of identity theft.

Dozens of defendants have been arrested and charged this summer. Most recently:

-Two defendants, ages 48 and 52, pleaded guilty this week in Miami federal court to a Medicare fraud scheme involving HIV infusions. Authorities say the scam netted $13.7 million, according to the South Florida Business Journal.

-The Miami Herald reported this week that a man was sentenced to 10 years in prison for fraud in connection with a South Miami-Dade clinic. The man was accused of using his 76-year-old aunt to trick Medicare into paying for HIV therapy. The defendant's wife was also sentenced to six years. The couple must repay $2.7 million to the federal health care program. In May, they were convicted of billing Medicare $5.8 million for HIV therapy that was never provided to patients.

Continue reading "Number of health care fraud crimes skyrocket in Miami area as Medicare crackdown continues" »

A Hialeah jeweler and two Miami-Dade residents are facing additional charges in a $40 million Ponzi scheme, The Miami Herald reported.

The trio is accused of bank fraud and investment fraud in South Florida. Our Miami defense lawyers continue to report numerous cases in which business owners, real estate agents and investment managers are accused of fraud in the wake of the economic downturn. In some instances, they may be guilty of nothing more than making bad investments or sustaining heavy losses as the market collapsed.

In this case the 38-year-old jeweler, his 61-year-old accountant and a 29-year-old loan officer have been charged with conspiracy to commit bank fraud in a $12 million scheme, according to an indictment filed this week by the U.S. Attorney for the Southern District of Florida. As we reported last month on our Miami Criminal Attorney Blog, the jeweler has previously pleaded not guilty to charges accusing him of operating an investment scam that victimized 35 people.

Investigators now allege the three defendants also submitted false loan applications to Wachovia Bank, in order to obtain $12 million in commercial lines of credit. The bank suffered a $10 million loss.

The indictment alleges that the accounted submitted an application with false information about business income, assets and accounts receivable. The loan officer for the bank allegedly participated in the scam and assisted the accountant in winning approval. The jeweler also assisted in recruiting borrowers, according to the indictment.

The jeweler already faces fraud charges brought by the Securities and Exchange Commission. In exchange for investing in his jewelry business, he is accused of offering clients dividends of 18 percent to 36 percent, payable in monthly installments. Instead, investigators say he spent the money lavishly on luxury cars, clothes and fancy diners.

All three men face up to 30 years in prison if convicted. All three are also facing a civil lawsuit. The plaintiffs in that case allege they were duped into committing securities fraud; one victim reportedly lost $2 million.

Continue reading "Trio facing charges of bank fraud, investment fraud in Miami" »

A Delray Beach man is facing charges in connection with a South Florida ATM skimming operation, the Palm Beach Post reported.

The 31-year-old defendant was arrested on South Beach and charged with computer fraud, identity theft and other crimes. A Miami criminal defense attorney experienced in defending clients against computer crimes in South Florida will carefully review the evidence in this case. What authorities suspect and what they can prove are frequently two different things. Obtaining proof of computer crimes is often a complex process. Defendants are best served by declining to make any statements to law enforcement. As this story notes, the defendant and an alleged accomplice were stopped two years ago. While it's unclear whether either was ever convicted of a crime, neither was sentenced to prison.

Those victimized by an ATM skimmer should consult a Miami law firm experienced with representing victims of fraud and identity theft. Once you believe someone has gained access to your bank accounts or personal information, you typically have a very short amount of time to notify the authorities and protect your rights before being held responsible for the damages that result.

The defendant allegedly attached skimmers to ATMs across South Florida and made off with tens of thousands of dollars. A partner in Southern California is accused of using the devices to steal more than $70,000. Authorities say the skimming thefts are a growing concern. While the average high-risk bank robbery results in a take of about $5,000 to $10,000, the average ATM skimming operation can net $50,000 to $100,000.

Officers from Palm Beach Gardens, Boca Raton and Miami Beach arrested the suspect on South Beach. He is charged with three counts of fraud under $20,000, theft of between $300 and $5,000; two counts of ATM fraud and identity theft; one count of computer fraud and one count of an organized scheme to defraud.

The skimmers are attached to ATM machines and record card and security code information. In the latest series of attacks, ATMs were targeted in Palm Beach Gardens, North Palm Beach and Boca Raton.

One bank reported 28 accounts had been compromised and $44,702 had been pulled from accounts before authorities managed to pull the plug.

Continue reading "Miami ATM fraud a growing problem; defendants face theft and computer fraud charges, victims left to deal with identity theft" »

I Miami Beach businessman is facing federal charges in New Jersey, alleging that he operated his grocery business as a Ponzi scheme, the Wall Street Journal reported.

Our Miami Criminal Defense Lawyers continue to report about the large number of Ponzi schemes being uncovered in the wake of the economic downturn. Such schemes are uncovered when new investors can't be found or when floundering investments--such as those made in the collapsing real estate market-- dry up capital.

However, many legitimate business owners and investment managers have been devastated by the recession, and charging them with a crime only results in further injustice. A Miami defense lawyer should always be called at the first signs that a criminal investigation could be underway.

Likewise, investors have been hurt by legitimate investments and by scam artists. Knowing the difference typically requires a law firm with the knowledge and experience to protect the rights of investors who have been victimized by scams.

In this case, authorities say the 41 year old founder of Capitol Investments USA sold what he called risk-free securities paying up to 26 percent from Capitol's grocery diverting business. The Southwest Florida Business Journal reports that the business purchased lower priced groceries in one region and sold them for a profit in another region.

The defendant was first charged with securities fraud and money laundering in April. He was indicted in federal court in New Jersey this month. The Securities and Exchange Commission has also filed civil charges against him, alleging that he violated federal securities laws and claiming the fraud was as much as $900 million.

The indictment also charges him with conspiracy to commit securities and wire fraud, two counts of wire fraud and one count of money laundering. It also seeks to force him to forfeit any property identified as coming from proceeds of the offenses.

If convicted, he faces up to 20 years in prison and $5 million in fines. The conspiracy, wire fraud and money laundering charges could result in fines of twice the amount of the alleged gains. Prosecutors allege he used at least $35 million for his own personal use, including $26,000 a month mortgage on his $5.3 million Miami Beach home and floor seats to Miami Heat basketball games.

Continue reading "Miami grocery wholesaler charged with investment Ponzi scheme" »

Four Miami-Dade County residents have been arrested and charged with defrauding the state's Medicaid program out of more than $539,000, the Southwest Florida Business Journal reported.

Our Miami criminal defense lawyers represent clients facing all types of fraud charges, including mortgages fraud, health care fraud and computer fraud. As we reported on our Miami Criminal Attorney Blog, increased emphasis is being placed on arresting and charging defendants accused of health care fraud. Earlier this month, 94 people were arrested as part of a $250 million fraud ring. Even such mega busts represent just a small fraction of the $60 to $90 billion a year the government estimates is lost on health care fraud.

Medicaid or Medicare fraud can result in very serious criminal charges. Even if never proven, such charges can have a drastic impact on the reputation of legitimate doctors, health care providers or businesses. And the government is not the only victim. The thousands of consumers whose names are used to file fraudulent claims each year can face significant challenges in clearing their name and utilizing government health care services for legitimates purposes in the future.

In this case, the defendants worked as speech pathologists and assistants at the Center for Bilingual Speech and Language Disorders in Miami. Ranging in ages from 27, to 46, authorities allege that they billed Medicaid for unsupervised speech therapy for more than three years.

Charges include grand theft, Medicaid fraud, and conspiracy to commit Medicaid fraud. The defendants face 20 to 65 years in prison if convicted.

In other health care fraud news, a 55-year-old Miami man was convicted of submitting more than $24 million in phony claims for HIV therapy services in Miami. The Miami Herald reports he was convicted in federal court of conspiracy, fraud and money laundering.

Continue reading "Increasing number of defendants facing health care fraud charges in Miami" »

Our Miami criminal defense attorneys offer confidential appointments to anyone charged with mortgage fraud for allegedly making false statements on loan applications. Please give us a call.

We continue to be amazed that banks can make these allegations with a straight face. And that prosecutors are actually willing to go to court. Everyone who has ever exaggerated their income in filling out an application for a home loan or credit card should turn themselves in at the prosecutor's office. Let's all go down there and wait in the lobby, shall we?

Shame on the banks for not verifying income. If you think these are all big multi-million dollar schemes involving straw buyers and property flipping, think again.

This week, the U.S. Attorney for the Southern District of Florida announced a 33-year-old Coral Springs woman was sentenced to a year in prison after pleading guilty to three counts of making false statements on loan applications for small business loans. She claimed the applications had been filled out by a consulting group and submitted to the bank.

They indicated she had owned the business longer than she had and that she earned an income when none had been earned. Loans were approved in the amount of $200,000 as a result. The defendant was ordered to pay $125,000 in restitution.

Another hardened criminal behind bars!

In another case, a 40-year-old Loxahatchee resident was sentenced to eight months in prison after pleading guilty to charges that he did not tell the FBI about crimes committed by others who obtained mortgages for properties in Palm Beach County through a financial services company. He was ordered to pay $1.3 million to banks that were defrauded, according to the South Florida Business Journal.

The man was a former Palm Beach County sheriff's deputy.

Continue reading "Miami Resident Charged Criminally and Jailed for Following Bad Advice" »