Miami Criminal Attorney Blog

People, police included, make up their minds fast, like traffic through Miami. Once they decide that a particular client is a target of the investigation, it is an uphill battle for a lawyer to shake that belief. This is particularly true in a white collar case where the evidence consists so much more of flat paper and less of people with depth, personality and degrees of guilt or innocence. Investigators that have found a theory supported by the evidence are unlikely to have that belief shaken by protestations of innocence.

A polygraph is one thing that can make a dent. Now, it is certainly true that the polygraphs are inadmissible. It is also true that the test itself can be manipulated. They are subject to human error and human interpretation. For this reason it is critical to use an examiner that has an excellent reputation known to the police. There's nothing worse than presenting a polygraph taken by someone who the police think is a hired gun. However, if a suspect subjects himself to a polygraph examiner who is believed to be unbiased and comes through with flying colors then the attorney has a real opportunity to make progress.

First a client's willingness to take a polygraph speaks volumes about their sincerity. Second the results of that polygraph give the investigative officer something solid, some piece of paper to set against the other paper evidence. At that moment, and sometimes for the first time, the investigator has a reason to look for another theory. An attorney worth anything at all, had better have a compelling alternate theory at the ready.

Florida Courts have never determined that a polygraph is sufficiently accurate to be admissible. However, according to the Florida Supreme Court in Delap v. State, if both parties waive their objections to the test it can be admitted. So, if you have a client who is very confident that they will pass a polygraph. And by that I mean one that has already taken and passed a polygraph, you may seek a deal with the prosecutor that says the client will take a polygraph with an examiner that both attorneys agree upon and whatever the results are, you will agree to their admissibility.

This is strong evidence that not only the suspect, but the attorney really believes that the accused is innocence. Even the most hardened prosecutor has to take a step back and reconsider whether they have the right suspect. This might not only help you win the case, but prevent charges from ever being filed in the first place.

Miami Florida is fortunate to have some of the most sophisticated computer crimes lawyers and law enforcement personnel in the country. The US Attorney, State Prosecutor, FBI, Secret Service, Miami-Dade Police Department and City of Miami Police Department all have specialized units and personal dedicated to investigating and prosecuting Digital Crimes. So why is it that so many of South Florida Crimes seem to be limited to solicitation and e-bay fraud instead of intrusion, hacking, theft of service or the spreading of malicious code.

The answer is simple: corporate victims of computer criminals are often concerned with the PR ramifications of letting the public know about an investigation. I say an investigation not a prosecution. A prosecution shows the corporate victim after they catch the intruder taking affirmative steps to punish the person who dared test their security. An investigation on the other hand is much more nebulous.

During an investigation, no one knows who the perpetrator was. More questions than answers are presented. Not only is the company's security called into question: there is tremendous speculation as to who the intruder is and how they gained access. Were they an employee? Were they a competitor? Is this the first in a series of attacks? Most corporate victims do not want the distraction of having to answer these questions, let alone deal with the fear the unknown answers can cause among their clients and employees.

For this reason it is critical to have an understanding with the investigating agency that the existence of the investigation and the name of the victim will be kept secret until an arrest is made. The members of the Miami Electronic Crimes Task Force have repeatedly professed their commitment to maintaining media silence during the investigation of computer crimes. This makes good public relations sense and follows sound investigative policies.

It is critical that the victim, either directly or thorough their attorney, communicate that desire, not only to the investigating officer, but to the individuals responsible for speaking to the media. In this way, the corporation can control what kind of press release is made and when. By doing so, they can announce that they have captured the perpetrator and make the release a celebration of their responsiveness rather than a roast of their security.

Miami resident Albert Gonzalez pleaded guilty to 20 criminal counts of conspiracy, computer fraud, wire fraud and access device fraud and aggravated identify theft in the Federal District Court in Boston. Mr. Gonzalez's sentence is not known at this time. However, the plea agreement that his lawyers reached with Federal prosecutors includes a proposed range from 15 to 25 years in Federal prison. His criminal sentence will be imposed on December 8, 2009.

This case is multijurisdictional as Gonzalez and his co-conspirators hacked into retailers in multiple states. Accordingly, while he has resolved the counts in Boston he is still facing charges Newark, New Jersey. Additionally, Gonzalez has already been convicted of in Brooklyn, New York where he faces up to 20 years in prison. By agreement between his attorneys and the Federal prosecutors in New York and Massachusetts, those two sentences are to run concurrently.
Gonzalez and his co-conspirators used computers to hack into major retailers such as BJ's, Boston Market, Sports Authority and several others. Once there, they installed "sniffer programs" to capture packets containing credit and debit card information traveling over the retailers network.

Once consumers' credit card numbers were known, Gonzalez sold them to other criminals who encoded the magnetic strips on phony credit and debit cards. In the course of this scheme they stole thousands upon thousands of dollars directly from ATM's. As part of this plea agreement , Gonzalez will be forced to forfeit property that was gained in connection with this crime as well as paying restitution. That restitution includes a million dollars in U.S. currency that was buried in his back yard.

Gonzalez is alleged to have stolen in excess of 130 million credit and debit card numbers. The scope of this crime and multiple jurisdictions involved demonstrate why it is imperative for the Federal authorities to work together to investigate these crimes. However, it is not always clear which agency is responsible. For crimes of this nature both the FBI and the Secret Services, created from the treasury department, have jurisdiction. Often times it is exactly this uncertainty that prevents these complicated crimes from being investigated and prosecuted.

DOJ: Miami Man Pleads Guilty To Hacking US Retail Networks, By Chad Bray, Of DOW JONES NEWSWIRES, September 11, 2009