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Сообщения за август, 2022

South Carolina Mortgage Fraud Indictments

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  The next round of   mortgage fraud indictments   may soon be on the way from the United States Attorney in South Carolina. There will be developers, mortgage brokers, flippers and possible attorneys indicted. Many of the defendants are from Myrtle Beach, South Carolina. A key resource to understand this new phase of indictments coming out of the Florence office is the F.B.I. (Federal Bureau of Investigation) website on mortgage fraud. A thorough understanding of this type of indictment is critical to a good defense to this type of case. Our   federal defense attorneys   are experienced in defending mortgage fraud cases. Many times the key to defending this type of case is understanding the loan process and how the funds were moved from one lender to a particular borrower. Information is critical to defending this type of case. A mortgage fraud case is a house of cards. Each player standing together can be strong, but if one defendant provides information to the government investigato

South Carolina Mortgage Fraud Indictments

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  The next round of   mortgage fraud indictments   may soon be on the way from the United States Attorney in South Carolina. There will be developers, mortgage brokers, flippers and possible attorneys indicted. Many of the defendants are from Myrtle Beach, South Carolina. A key resource to understand this new phase of indictments coming out of the Florence office is the F.B.I. (Federal Bureau of Investigation) website on mortgage fraud. A thorough understanding of this type of indictment is critical to a good defense to this type of case. Our   federal defense attorneys   are experienced in defending mortgage fraud cases. Many times the key to defending this type of case is understanding the loan process and how the funds were moved from one lender to a particular borrower. Information is critical to defending this type of case. A mortgage fraud case is a house of cards. Each player standing together can be strong, but if one defendant provides information to the government investigato

Fraud - Federal Indictment

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  According to the   Federal Bureau of Investigation in Miami, Florida , Ernesto Angel Montaner was federally indicted on April 22, 2010 in the   Southern District of Florida   for conspiracy charges pertaining to   health care fraud , in violation of 18 U.S.C. § 1349 and § 1347. Mr. Montaner’s son was also allegedly involved in the conspiracy. The indictment claims that the defendants were operating several physical and occupation (PT/OT) clinics in the Miami-Dade area. It is further speculated that Mr. Montaner would make payments to those who had recruited patients for the clinics. He supposedly made these cash payments to an undercover officer posing as a recruiter in exchange for information regarding Medicare beneficiaries. The indictment states that the conspirators paid these bribes without determining the Medicare beneficiaries’ health condition and whether the services of the physical and occupation clinics was needed. It is alleged that they submitted more than $2.5 million

Goldman Sachs - White Collar Crime

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  The   U.S. Securities and Exchange Commission   filed a civil fraud suit against   Goldman Sachs Group  in April of this year. While in litigation, S.E.C. also referred the investigation to federal prosecutors for the   Southern District of New York , which could potentially lead to additional issues for the investment company. S.E.C.'s main argument is that Goldman has been defrauding its investors in relation to a mortgage deal known as Abacus 2007-AC1. Allegedly, there are internal e-mail messages within the company wherein employees had vilified investments that they were selling to customers. Basically, the company created an investment vehcile that allowed certain investors to bet against the housing market crash by purchasing securities to counter the mortgage bonds they believed would fail. Goldman was selling these same investments to its customers. Its customers lost billions when the housing market crashed while the investors that bet against them profited. This type o

Sentencing Enhancements in Federal Court

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  When charged with a federal crime, it is important to learn about the Federal Sentencing system because it is very different from state court proceedings. The Federal System uses the   United States Sentencing Guidelines , which are now advisory, when calculating a sentence. A court calculates a particular guideline range by reviewing a defendant's criminal history as well as the applicable   base offense level . However, in certain cases, a defendant may be subjected to sentencing enhancements. For example, a person may receive an enhancement for the role in the offense if the court determines that they were an organizer, supervisor, or a recruiter. Additionally, a person may receive an enhancement for using sophisticated means to facilitate a crime or for abusing a position a trust. A sentencing court will also enhance a person's sentence if the court finds that the defendant targeted a vulnerable victim, such as an elderly person. Federal judges are free to sentence a pers

Sacramento Judge Blocks New Law Expanding Credit For Time Served Program For County Jail

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Confusion reigns at the Sacramento County Jail after a Sacramento Superior Court judge blocked implementation of a new state law increasing the amount of time credit inmates at the county jail can get for good behavior. Judge Loren McMaster issued the injunction on Wednesday in response to a lawsuit brought by the Sacramento County sheriff's deputies union, which claims that the California Community Corrections Performance Incentives Act of 2009 applies only to state prisons and not county jails. The new law, enacted by the legislature and the governor to deal with overcrowding of California's prisons and jails, was meant merely to modify and expand a previous state law that allowed prisoners, both in the state prison system and county jails, to have their sentences reduced if they met certain good behavior criteria. Under the old law, prisoners were eligible for fifty percent credit, meaning a one day sentence reduction for every two days served. That meant someone sentenced t

Tonya Craft Found Not Guilty

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  According to the   National Post , Tonya Craft, a Georgia kindergarten teacher, has been found not guilty of molesting three young children by a twelve panel jury in the   Catoosa County Superior Court . Craft was originally arrested in 2008 when accusations arose claiming that she had abused three children in her home between years 2005 and 2007. Craft's indictment listed twenty-two charges relating to   child molestation . As a result of the extensive amount of allegations against her, she faced approximately four hundred years in prison. Reportedly, one of the children that testified against her at trial was her own daughter. Although Craft was found not guilty, she has lost her job and the custody of her two children in the process. Since the verdict, she has stated that she plans on seeking custody of her children immediately. During the initial part of trial, Craft's defense attorney, Demosthenes Lorandos, filed a motion requesting the recusal of Judge Brian House. Judg

South Carolina Murder Investigation

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  The South Carolina newspaper, The State, indicated that a man from Montauk, New York, Thomas Solheim, has been arrested for his alleged involvement in the 1992 murder of a sailor near the South Carolina naval base. Solheim's arraignment was originally scheduled for Wednesday; however, he had to be hospitalized due to seizures and the hearing was postponed. It is unclear as to the amount of evidence the government has against Solheim. Charles Welty apparently made a confession last week about his role in the crime. In this type of case, the circumstances are not always clear and it is important to be provided with all information and discovery the government has to offer before speaking about the case to anyone. Any interrogation and/or confession at this stage could be incredibly damaging without consulting with an attorney first. A murder investigation is very serious and since this incident occurred in 1992, the forensics may not be wholly reliable and DNA testing may need to

Medicare Fraud Attorney

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  According to the Associated Press, federal authorities have arrested thirty-six individuals from five states who are allegedly involved in a Medicare scheme that totals approximately $251 million. This is reported as "the largest Medicare bust ever." Most of the suspects were arrested in Miami, Florida, which is considered the center for most of the medicare fraud investigations. There have been ninety-four (94) suspects indicted in this conspiracy and it is anticipated that there may be several more. Sex crimes lawyer . There are also doctors and nurses that are accused with being involved in billing Medicare for unnecessary equipment, therapy and treatments. There were more than 360 agents participating in these arrests and several have provided details relating to the indictment. Investigators have confirmed that patients were being recruited in the schemes, so that the information submitted to Medicare appeared reliable. These individuals are paid for allowing the comp

Bank Fraud

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 According to the Federal Bureau of Investigation in Columbia, Jill Brennan, a former Bank of America employee in Myrtle Beach has plead guilty to conspiracy to commit bank fraud. She will probably be sentenced in the coming months, after the presiding judge reviews the presentence investigation report. During her Change of Plea Hearing, evidence was presented that Brennan was involved in the alleged bank fraud with mortgage brokers from Dune Mortgage. She would certifiy Bank of America Verification of Deposit Forms for them, which confirms that the account is active within the bank and the funds are available. Business Commercial Litigation . She would certify these documents while knowing that individuals had been added to the account fraudently. She certified one of the forms to Royal Bank of Canada-Centura with false loan packages that were approximately $1,364,500.00. Brenna could receive up to thirty (30) years imprisonment for the charges against her as well as $1,000,000.00 in

Bond Granted to Conrad Black Pending his Federal Appeal

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 United States District Judge Amy St. Eve has released Conrad Black from federal prison pending the outcome of his federal appeal. The bond is set at $2,000,000.00. The federal judge allowed Black out based in part on the U.S. Supreme court's recent decision regarding the "honest services" defense. Black was convicted of defrauding shareholders of his company Hollinger International Inc. through fake non-compete agreements that benefited Black. Black's federal defense attorneys were able to successfully get him a bond by arguing that this Supreme Court decision could affect his sentence and previous trial outcome. In federal court there are limited circumstances that allow a convicted defendant be released on bond pending the appeal. Business Commercial Litigation . Most of those situations revolve around white collar cases. Most white collar defense attorneys have an appellate lawyer they can rely on to handle this area of the case. Once a person is convicted by a ju

Clerk of Court Charged in Drug Conspiracy

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  The Federal Bureau of Investigation in Columbia has confirmed that the former Clerk of Court for Spartanburg County, Marcus Kitchens, has pled guilty in a drug conspiracy indictment. Count One charged Kitchens with conspiracy to possess with intent to distribute methamphetamine and cocaine. Count Two charged him with theft from a federally funded organization. Judge Herlong, Jr. from the federal court in Greenville, SC, has accepted the Plea Agreement and after the pre-sentence investigation report is prepared, the case will be set for sentencing. According to investigators, a confidential informant notified them that he had received cocaine from Terry Lanford in South Carolina. After questioning Lanford, he confirmed that he had received it from Kitchens. Sex crimes lawyer in US . Kitchens allegedly had obtained the narcotics from the evidence room of the Spartanburg County Courthouse. Lanford agreed to wear a wire and speak with Kitchens regarding the incident. Kitchens was arrest

Strickland Appeal Affirmed

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  According to the South Carolina Judicial Department, the Court of Appeals affirmed the lower court's decision in State v. Perry Keith Strickland. Strickland was previously convicted of voluntary manslaughter and ABHAN (assault and battery of a high and aggravated nature). He argued in his appeal that the trial court erred in denying his motion for a directed verdict. This type of motion is usually presented during a jury trial, where the presiding judge decides which side wins prior to a jury verdict. In Strickland's case, he believed that he had established self-defense as a matter of law; however, the Court of Appeals disagreed. They found that Strickland did not meet each of the four (4) requirements for an argument of self-defense and that the lower court followed correct procedure in submitting the case to the jury. On several occasions in Strickland's trial, the testimony was contradictory as to the events that transpired. Allegedly, an argument occurred and Strick

Convicting the Innocent

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  The New York Daily News confirmed that federal Judge Dora Irizarry of the Eastern District of New York will overturn a murder conviction today. Jabbar Collins has served fifteen (15) years in prison and could be released on bail today since the district attorney's office has admitted that evidence was withheld during his previous trial. Collins was originally sentenced to thirty-three (33) years to life for a murder that occurred in 1995 during the commencement of a robbery. Allegedly, a lead detective in the case confirmed that the key witness in the trial that stated he heard Collins plan the crime recanted his testimony. Lawyer in LA . The prosecutor, Michael Vecchione of the Brooklyn District Attorney's Office, gave a sworn statement denying this accusation. Judge Irizarry was not impressed with the way the D.A.'s Office handled this case and felt they could have been more forthcoming about the matter. The detective will be a witness during the hearing today. Prosecut

Bank Fraud

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  According to the Federal Bureau of Investigation in Columbia, Jill Brennan, a former Bank of America employee in Myrtle Beach has plead guilty to conspiracy to commit bank fraud. She will probably be sentenced in the coming months, after the presiding judge reviews the presentence investigation report. During her Change of Plea Hearing, evidence was presented that Brennan was involved in the alleged bank fraud with mortgage brokers from Dune Mortgage. Best lawyer firm in US . She would certifiy Bank of America Verification of Deposit Forms for them, which confirms that the account is active within the bank and the funds are available. She would certify these documents while knowing that individuals had been added to the account fraudently. She certified one of the forms to Royal Bank of Canada-Centura with false loan packages that were approximately $1,364,500.00. Brenna could receive up to thirty (30) years imprisonment for the charges against her as well as $1,000,000.00 in fines.

Russian Spies Arrested

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 The Federal Bureau of Investigation (F.B.I.) has arrested 11 people in four different states on spying charges. They are all Russian nationals and are alleged to have been directed by the S.V.R., which is the successor agency to the K.G.B.. The 11 people were alleged to have been directed to gather information on nuclear weapons, federal politics and policy, and other advanced research. The defendants have not been charged with espionage and from most reports it is unclear as to what the exact spying activities are being charged. Lawyer office in US . It appears the government is charging the group with immigration violations and possible identity theft. A criminal complaint was filed instead of a federal indictment. Usually this is done because of a time constraint on the case. Either the suspects were aware of the investigation or there really is not much to present to a grand jury. It appears the investigation into these individuals lasted for several years and included wire taps a

North Carolina Mortgage Fraud Conviction

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  Another realtor has plead guilty to mortgage fraud. The case is out of North Carolina and is just the beginning of what many government officials are calling a nationwide investigation into real estate investments. Gregory Rankin plead guilty to a mortgage fraud scheme that is said to have been related to over $15 million in loans and 270 properties in Mecklenburg County. Charlotte is the largest city in North Carolina and as such will be the most investigated city for mortgage fraud in the Carolinas. Rankin was realtor agent for the Charlotte company Realty Solutions. Lawyer office in US . There are 5 other defendants on the indictment as co-conspirators to counts of mail, bank and wire fraud. Based on the amount of money and the amount of properties involved, each defendant, including Rankin is facing prison time under the Federal Sentencing Guidelines. Rankin is charged with being involved in 4 mortgage fraud schemes that defrauded the lenders. In this case the government has all

Hit and Run

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  According to South Carolina's newspaper, The State, William Craig Caughman of Columbia, South Carolina was arrested today for leaving the scene of an accident involving death. This type of offense is more commonly known as a hit and run. Allegedly, Caughman was driving his pickup truck on February 21, 2010 in downtown Columbia and struck a motorist, Toby Morriss. Since Caughman fled the scene, it is unknown whether he was under the influence of alcohol or drugs. Shortly after the incident, someone found Morriss' body in the road and immediately contacted authorities. Lawyer office in USA . Morriss was rushed to Lexington Medical Center, but died seven (7) days later from a blockage in his lungs associated with the injuries he sustained during the accident. Until recently, the police have had few leads and no suspects; however, an anonymous tipster called in and identified Caughman as a potential suspect, so the police began their investigation. They discovered that he hid hi

Tough Times may Equal More Divorces

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  With the down fall of the economy, there will most likely be an increase in the amount of divorce cases filed. Divorce cases in South Carolina will be cost more becasue of the increase in cases filed. There is no quick divorce based on economic hardship. Lawyer firm in USA . A divorce in South Carolina usually takes a year to complete. If the parties have any property or child custody issues during the divorce the price can increase dramatically. Family law judges in South Carolina look to the best interest of children in the custody dispute. Divorce attorneys should also look to see what will be in the best interest of the children. A divorce petition is filed in the county where either party to the marriage resides. To file a divorce in Myrtle Beach the petition is filed at the Circuit Court in Conway, South Carolina. Your family law lawyer will draft the petition and have it served on the opposing party. Next, a court date will be set for a temporary hearing to deternine any pr