Miami Criminal Attorney Blog

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" »

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" »

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" »

A 29-year-old Miami man is facing criminal charges in connection with a South Florida mortgage fraud scheme that reportedly bilked banks of more than $7 million, the South Florida Business Journal reported.

Our Miami criminal defense lawyers continue to report on the large number of mortgage fraud charges being filed since the real estate market collapsed. Banks that made highly questionable loans are now seeking criminal charges against customers who may have been less than honest about income or other factors disclosed on loan applications. In some of these cases, clients who have been victimized by the economic downturn are now facing criminal charges.

In this case, the defendant is facing federal criminal charges in Miami, including conspiracy to commit bank fraud and making false statements on loan applications to Bank of American and JP Morgan Chase.

The charges were filed by the U.S. Attorney's Office for the Southern District of Florida. The properties involved are in Miami Beach, Lake Worth and Wellington.

The government accuses the defendant of conspiring with others to submit falsified loan applications and using straw buyers to take part in the scheme. Each count carries a penalty of up to 30 years in prison if convicted. Authorities say he submitted loan applications that contained false information about an applicant's income, assets and intentions to live in the homes.

The alleged fraud resulted in more than $7 million of losses at several banks.

Continue reading "Miami federal charges allege real estate scam resulted in $7 million in bank losses" »

Even now, in the depths of South Florida's real estate bust, instances of mortgage and appraisal fraud in South Florida continue to rise, according to statistics provided by the Federal Bureau of Investigation.

The schemes often involved inaccurate property valuations obtained from exaggerated or manipulated appraisals.

Last month, a Jacksonville appraiser was sentenced to four years in federal prison after he and a partner were convicted of purchasing about 55 houses through mortgage and appraisal fraud, the Examiner reported.

Authorities say he inflated the appraisals his partner used to support the purchase price. In that scheme, for example, they would agree to buy a house for $480,000 and then submit an inflated appraisal and obtain loans for $625,000, pocketing the difference.

The top states for mortgage fraud are California, Florida, Georgia, Illinois and Michigan. Additionally, the government reports the downward trend in the housing market through 2009 and 2010 will provide a favorable climate for a continued increase in mortgage fraud claims.

Miami ranks second nationwide (behind Los Angeles) in cases of suspected mortgage fraud, with 5,155 cases identified for prosecution in 2008.

Reports of suspected mortgage fraud increased 36 percent in 2008, to 63,713 complaints, compared to 46,717 complaints in 2007. More than 33,000 cases of mortgage fraud cases were reported during just the first three months of 2009, the latest time period for which statistics are currently available.

The FBI reports that mortgage fraud continues to be a low-risk, high-yield crime perpetrated by all parties, including mortgage brokers, lenders, buyers, sellers, appraisers, underwriters, accountants, real estate agents, land developers and builders.

But plummeting home values can also make appraisal fraud difficult to prove or can subject appraisers to unfair criminal or civil charges. Yesterday's $400,000 house really is today's $200,000 property.

The government defines mortgage fraud as "fraud for property," which typically involves a borrower misstating income to qualify for a loan, or "fraud for profit," which often involves elaborate schemes and multiple properties, straw buyers, inflated appraisals and other schemes aimed at diverting excess proceeds into the pockets of those involved.

Continue reading "Miami ranked second nationwide in mortgage fraud claims " »

A former police officer -- and son of Cape Coral's current police chief -- entered a plea deal last week as part of a $4.2 million mortgage fraud conspiracy, according to the Fort Myers News-Press.

The high-profile case is the latest in a string of arrests for mortgage fraud in South Florida since the real estate market collapsed in 2007.

Earlier this month, two Miami men were sentenced to 45 months in prison for obtaining two fraudulent loans totaling $1 million. The defendant's used the financial information of a mother-in-law to obtain the loans and used a home she owned as collateral, BNO News reported.

In the latest case out of Southwest Florida, the 35-year-old former police officer and four other defendants, including the brother of a Cape Coral police sergeant, pleaded guilty to a charge of conspiracy to commit bank and wire fraud and a count of money laundering. All 5 defendants face up to 30 years in prison at their upcoming sentencing.

The plea agreement contends that three of the defendants, including the police chief's son, made more than $300,000 each, while the remaining men made between $65,000 and $150,000.

According to court documents, two of the men ran a brokerage firm that invested in real estate and flipped properties. In a classic "straw buyers" fraud scheme, the men found houses for sale by owner and used third-party buyers to purchase the properties at inflated prices. The defendant's paid the seller and pocketed the additional money loaned by banks to purchase the properties.

The buyers provided false or inflated financial information on loan applications. Several payments would be made and then the property would be allowed to go into foreclosure.

Continue reading "South Florida mortgage fraud scheme involves police chief's son" »

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.

The debate rages on from Miami to Philadelphia to New England and West: Should Michael Vick be allowed to play in the NFL, after his conviction on criminal dog fighting charges and subsequent release. In it, football fans are pitted against dog lovers. However, maybe this opposition is misplaced. In many ways the advocates against criminal animal cruelty have never had a better example. Every time Michael Vick steps onto a football field the same message comes through:

This is exactly the type of message that PETA and every other animal rights organization should want shouted from the roof tops. So, rather than debating whether the level of punishment was sufficient, the real question is: Is the criminal justice system working?

As many people know, Michael Vick was convicted in Federal Court of maintaining an organized dog fighting ring at on of his homes in Atlanta Georgia.

The avowed goals of the criminal justice system are Punishment, Deterrence and Rehabilitation. Not only have all three been accomplished here, but Michael Vick's celebrity status makes the deterrent factor even more effective. Most people have never even heard of the crime of dog fighting, if it's illegal, what if any are the punishments for it. Without knowing the potential repercussions, a would be dogfighter cannot be deterred. Now thanks to Michael Vick's celebrity status, everyone knows that dog fighting is a crime, a federal crime at that and one that brings with it multiple years in prison for a first offence.
At no time in history have dogs and dog lovers gotten better press that the police and the criminal justice system is out to protect them.

The New York Times, Michael Vick's Apology August 19, 2009