South Florida Criminal Defense Lawyer Blog
As most of the valued blog readers here know, Attorney Behr has written a book regarding common legal questions entited “Can The Police Lie To Me?” Check out this video I have hand-selected off of Youtube, from a prominent lawyer in Virginia, and the posted video is a police officer who endorses the advice of not talking to police in any situation where you are being investigated or an admission of guilt is being pursued. Enjoy and please check back on this blog or visit Attorney Behr’s main website for more information on this matter that EVERYONE should know about, whether or not you actually are guilty.
Florida Prosecution of Mortgage Frauds by Criminal Lawyer Ralph Behr: Part 2
Continuing the series on Mr. Behr’s mortgage fraud prosecutions in Florida:
IV. STATUES
i. Federal
Defendants who find themselves within the prosecutorial jurisdiction of the federal government are not indicted under a particular mortgage fraud statute, but are prosecuted under a number of different statutes. Assistant United States Attorneys (ASA) apply one or more of the statutes to activity considered fraudulent. Usually, the wire fraud and mail fraud statutes are effectuated the most. An ASA may also use a conspiracy theory to prosecute mortgage fraud under either statute. However, specific statutes such as the wire and mail statutes themselves appear to take a backseat to the overall scheme and persons or entities defrauded by defendants.
ASA’s are specifically guided by a policy statement of when to initiate legal action which is conspicuously placed at the beginning of the Mail Fraud and Wire Fraud section of the United States Attorney Manuel. In particular the manual states:
Prosecutions of fraud ordinarily should not be undertaken if the scheme employed consists of some isolated transactions between individuals, involving minor loss to the victims, in which case the parties should be left to settle their differences by civil or criminal litigation in the state courts. Serious consideration, however, should be given to the prosecution of any scheme which in its nature is directed to defrauding a class of persons, or the general public, with a substantial pattern of conduct.
Although there is this claimed safety net of policy consideration in place and no specific mortgage fraud statutes in affect, it does not stop the federal government from vigorously prosecuting defendants under the mail, wire or other fraud statutes as exemplified below in various federal cases of what a particular ASA considers to be substantial patterns of behavior.
Florida Man Pleads Guilty To Sex-Related Offense
William Joe Mitchell, 48, pled guilty to charges that he knowingly transported a minor in interstate commerce with the intent to engage in illicit sexual conduct. In a plea hearing held before Federal Magistrate Judge Terry F. Moorer, Mitchell admitted that he had met the minor, a 15-year old female, in an online chat room, and that on October 1, 2007, he drove her from Bartow, Florida, to Andalusia, Alabama, with the intent to have sex with her. Mitchell also admitted knowing that the girl was underage. Title 18, United States Code, Section 2423(a) makes it a crime for any person to knowingly transport an individual who has not attained the age of 18 in interstate commerce with intent that the individual engage in any sexual activity for which any person can be charged with a criminal offense.
Florida Drugs and Federal Prosecution for a ex-NFL Player
A former NFL player, Leonardo Carson, is in hot water in a drug operation that ran over 4 years, authorities say. Carson is accused of conspiracy to sell crack cocaine and marijuana. Federal authorities in Texas today arrested a former NFL player on charges that he dealt the drugs over a four-year period. These federal drug charges are serious and Carson is now scheduled to appear in front of a Texas federal magistrate judge in the face of a mandatory minimum sentence of 10 years to prison, that is if he is convicted of the most serious of the charges.
According to the indictment, Carson conspired to sell drugs from Jan. 1, 2004, until August 2008. The indictment lists the following quantities: more than 5 kilograms of cocaine, more than 20 of grams of crack and more than 20 kilograms of marijuana. The charges also accuse Carson of aiding and abetting Kareem Abdul Cook in the possession with intent to distribute 468 grams of marijuana and 47 grams of crack cocaine on Aug. 19.
Mobile County sheriff’s deputies arrested Carson, his younger brother and Cook on state charges after what authorities described as a monthlong investigation. Deputies arrested several others on Aug. 19, seizing four vehicles, $1,500 in cash, a pistol and bulk quantities of cocaine and marijuana.
South Florida Mortgage Fraud Prosecutions: Part 1
Making the first entry today, this series of continual excerpts from a legal paper written by Ralph Behr himself will delve into the court system and its prosecution of mortgage fraud in Florida. Mr. Behr took copious amounts of time and effort to research the topic and provided the following to share online to readers who have the time to read it. Enjoy.
I. INTRODUCTION
a. Why is Florida the ‘epicenter’ of Prosecutions and Investigations?
Statistically, Florida is number one for reported incidences of mortgage fraud and moreover also accounts for twenty-one percent of the overall nation wide occurrences.1 “Florida also has noticeably higher percentages than the other states in: asset and debt misrepresentation on the loan application; Verification of Employment (VOE) fraud; appraisal misrepresentation; and escrow and closing document misrepresentation.”2 The south Florida areas of Miami-Dade and Broward Counties, also known as The Miami Metropolitan Statistical Area (MSA), rank first in reports of mortgage fraud.3 Consequently, because Florida, in particular the more populated areas of south Florida are responsible for the bulk of reported incidences, Florida has become the epicenter of mortgage fraud investigations and prosecutions.
b. Statistics on Mortgage Failures
II. MORTGAGE FRAUD DEFINED
Although there is no agreed definition mortgage fraud, it can be defined as a material misrepresentation or omission which is intended to induce a person or entity to extend credit to another person or entity. However, the Federal Bureau of Investigation (FBI) defines mortgage fraud “…as an intentional misstatement, misrepresentation, or omission by an applicant or other interested parties, relied on by a lender or underwriter to provide funding for, to purchase, or to insure a mortgage loan.”4 According to the FBI there are two different types of mortgage fraud: (1) Fraud for Profit, and (2) Fraud for Housing.5 “Fraud for Profit is sometimes referred to as Industry Insider Fraud and the motive is to revolve equity, falsely inflate the value of the property, or issue loans based on fictitious properties.”6 On the other hand, Fraud for Housing is personified by unlawful activity conducted exclusively by a borrower.7 In regards to Fraud for Profit, the FBI has even constructed a laundry list of indicators of mortgage fraud as well as various categorical patterns that may qualify as Fraud for Profit.8
Even though the FBI may only identify two (2) types of mortgage fraud, it and other regulatory agencies are charged with monitoring and focusing on the multiple indicators and categorical patterns of fraudulent mortgage transactions of Fraud for Profit.9 The Department of Housing and Urban Development (HUD)10 puts forth the majority of their regulatory power on industry insiders who conduct Fraud for Profit operations.11 Specifically, a Financial Crimes Enforcement Network report indicates accountants, mortgage brokers, and lenders are the most likely suspects of mortgage fraud.12 These persons are considered to be “…familiar with the mortgage loan process and therefore know how to exploit vulnerabilities in the system.”13 Common designs of these targeted occupations are considered to have the potential to dramatically increase in numbers as a direct result of the downward trend in the housing market.14
Sexting in Florida A Reality in a Court of Law
The recently documented rage of “sexting,” a form of sending picture text messages with nude photos, is turning up nasty results. Many minors are engaging in these activities at a fervent pace, making legislators uneasy and drawing lines in the sand for where legal measures must step in. Technically and according to the law, this is child pornography, even if the victim takes the picture consensually of themselves and sends to their boyfriend/girlfriend that is a minor as well. Both are in trouble. A recent case law out of Florida can only make this fact more evident in that no matter who is involved or what was sent to whom, both parties are breaking the law.
The Computer Pornography and Child Exploitation Prevention Act in Florida Statute states the following:
An offender less than 18 years of age who commits a lewd or lascivious exhibition using a computer commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Federal Court Upholds Law on Sex Offender Registration
Recently a federal appeals court has maintained authority on enforcing a current law regarding sex offenders registering with authorities when moving from state to state. U.S. District Judge Gregory A. Presnell of Orlando, Fla., erred when he ruled the registration provision of the Adam Walsh Child Protection and Safety Act of 2006 was “facially unconstitutional,” a three-judge panel of the 11th U.S. Circuit Court of Appeals found in two opinions. The Sex Offender Registration and Notification Act, part of the Walsh law, were the specific issues in the upheld ruling. John Badalamenti, an assistant federal public defender in Tampa, says Congress overstepped its boundaries because the states enforce registration requirements.
Sex offenders, take notice that whenever you move , in or out of your probation, you MUST always notify the feds AND the state that you are doing so. Don’t risk it or just plain ignore the rules by not telling officials.
Florida Woman Drives on Wrong Side of Road in DUI
Gail A. Touchton, 54, was connected to two separate incidents that occurred along I-10 on one day recently. The first incident involved a crash near a local supermarket warehouse at around 11 pm on the alleged day. Soon after at around 11:30pm, Touchton was observed by a Department of Environmental Protection officer to be driving on the shoulder of the highway. Touchton ended up rear ending the DEP vehicle, resulting in no injuries except her immediate arrest. She is looking at charges of DUI, DUI property damage, and failure to drive in a single lane.
Drinking alcohol before operating any motor vehicle from a car to an ATV to a jetski to even a bicycle, can lead to your arrest for driving or operating a motor vehicle under the influence. Don’t tempt fate to see if you can “just get home this one time.” Just say no, wait til you sober up, or get a ride home so you can pick up your car the next day. AAA provides Tow & Go services where they will tow your car back home for free and give you a ride.
US Supreme Court To Review Miami Case
A Miami court case involving Cuban spies has been under attack by nobel laureates, scholars, and various international organizations on the grounds of it being an unfair trial. The trial was thought to be doomed from the beginning due to its location in Miami, the heart of the anti-Castro movement and the Cuban community who is for the most very against Castro. In retaliation, the Cuban American Bar Association replied, “They obvious did zero actual research to do with anything about the Cuban-American community,” he said. “It’s unbelievably inflammatory, ignorant and completely baseless.” Despite the CABA’s remarks, jurors have felt intimidated by the community and feel at risk of personal harm if they bring back any verdict that will not go with the community’s desires, even after proper trial showing evidence one way or the other.
Palm Beach Police Officer Kills Criminal During Crime
Nicholas Burdett, 25, was shot during the commission of a robbery by Deputy Justin Clayton on South Beach, Miami. Burdett, who is from Massachusetts, died at Jackson Memorial Hospital. Reports say Burdett had a knife and attempted to forcefully rob the off-duty deputy. The police officer defended himself, just as any other individual should in a armed encounter.
This seems to be a clear case of self-defense for the victim, and being a police officer only bolsters his defense in court because it will be made evident he had proficient knowledge and skill in weapons usage or at the very least in how to engage an armed threat.