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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. There are 5 other defendants on the indictment as co-conspirators to counts of mail, bank and wire fraud.  https://askcompetentlawyer.com/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 t

  The   Augusta Chronicle   has reported that mortgage fraud cases are extremely abundant in South Carolina. The paper has reported that the Federal Bureau of Inestigation believes South Carolina is a "Hot Spot" for mortgage fraud. Although the article focuses on lawyers involved in closings and the possible ramificatoins of their participation, the central theme is the loss to the entire country for mortgage fraud. Georgia lawyers are not required to supervise every step of a realestate closing.   South Carolina attorneys  face a serious potential for trouble because they are required to participate in almost every level of a realestate transaction. With this in mind they must be extremely careful when reviewing documents for closings. This article goes on to address the issue of mortgage brokers and real estate appraisers providing fraudulent documents to the closing attorney.  https://askcompetentlawyer.com/fraud/   The attorney cannot be expected to hire an independant ap

  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. 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.  https://askcompetentlawyer.com/civil-litigation

  According to the   Federal Bureau of Investigation of Columbia , Michael Derrick Peninger failed to appear for his sentencing on April 12, 2010 at the   federal courthouse in Charleston, South Carolina . Peninger was originally convicted after his jury trial in counts relating to   mail fraud   and making false statements to federal authorities. He had been allowed to remain on bond and within the agreement stated that he would appear for sentencing.  https://askcompetentlawyer.com/civil-litigation/  Upon failure to appear for sentencing, it is procedure for authorities to immediately locate an individual to be sure they have not fled the state or country to avoid punishment. Peninger was located on Daniel Island in Charleston, was arrested and is now awaiting sentencing. Attending the sentencing hearing is very important in the criminal process since failing to appear not only results in a possible higher penalty, it can also make a judge less lenient during the actual sentencing. I

  The F.B.I. has settled a criminal and civil case against a large pharmaceutical company that marketed specific drugs to doctors and paid the doctors to push those drugs. The company promoted the use of the drugs for medical conditions that the F.D.A. had not approved them for other uses and doses. This is know as  off label marketing . This is illegal even if there are no side effects from the use of the drug. The company agreed to pay $2.3 billion to settle the criminal and civil violations. This is a classic example of how the criminal justice system works. No one is going to jail. Someone made a decision at this company to allow this program to go forward, that person is not indicted and is not in jail. The company was able to buy its way out of trouble and out of breaking the law. No matter how great the  federal defense lawyer , this is not the case where the prosecutor is even looking to put someone in jail.   https://askcompetentlawyer.com/medicare-medicaid-fraud/   This sends

  There are several  defense attorneys in the Myrtle Beach  area that practice state criminal defense. However, there are very few in the area that handle federal indictments. There is no federal courthouse in this area of South Carolina and therefore, very few attorneys that practice in federal court.  https://askcompetentlawyer.com/   Our firm handles most federal indictments throughout the area and the recent automobile death here in Horry County will not be a federal indictment. This will be a state criminal charge.

  The   Fourth Circuit   rendered a decision in U.S. v. Pettiford on June 3, 2010 in which conditions for granting the 28 U.S.C. Sec. 2255 for post-conviction relief are addressed. Pettiford had several convictions on his record prior to his arrest for being a felon in possession of a firearm. Under the Armed Career Criminal Act (ACCA), if individual has three or more prior convictions for violent crimes or serious drug offenses, then they are subject to an enhancement. During sentencing, Pettiford had a total of five (5) state court convictions that were applied pursuant to this act. After he was sentenced, two of those convictions were actually vacated and Pettiford brought forth a petition for post-conviction relief; otherwise known as a   2255 petition . The district court granted this motion reasoning that Pettiford was entitled to relief as he proved that two of the charges used against him were, in fact, vacated. He was resentenced from a term of 188 months imprisonment to 100 m

  Johnell Porter appealed his convictions for a list of crimes in relation to a robbery committed in York County   (The State v. Johnell Porter) . Mr. Porter submitted his appeal before the   South Carolina Court of Appeals   on March 1, 2010 and an opinion was published on April 5, 2010. Allegedly, Mr. Porter along with his co-defendants robbed a bank located in York County. Witnesses identified the make and model of the getaway vehicle and the York County Sheriff’s Department was on high alert. An officer spotted the vehicle and noticed that the suspects were heading toward Charlotte, North Carolina.  https://askcompetentlawyer.com/  They were immediately arrested after the driver pulled into an apartment complex. Shortly thereafter, officers from the Charlotte Police Department arrived and the suspects were transferred to their custody. Officers located numerous items directly related to the robbery, so the suspects were extradited to York County. Mr. Porter was charged with several

  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. 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.  https://askcompetentlawyer.com/medicare-medicaid-fraud/  Thes

  According the South Carolina newspaper,   The State , three people have pled guilty in a drug conspiracy involving former Lee County Sheriff E.J. Melvin. Each of the defendants face a considerable amount of time in prison since the conspiracy involved both cocaine and cocaine base. Cocaine base is treated more strictly in the federal system and higher penalties are often enforced when the substance is involved in the criminal activity.  https://askcompetentlawyer.com/civil-litigation/  Prosecutors in this case have stated that they expect to reach   plea agreements   with the other offenders within the indictment with the exception of E.J. Melvin, who is probably considered one of the leaders in the conspiracy. When someone is arrested within a conspiracy, the prosecution will most likely attempt to have the lower level offenders plead guilty in exchange for a lesser sentence. Of course, despite a plea agreement, it is the role of the judge to decide whether the plea agreement is fai

  The   New York Times   has confirmed that Joran van der Sloot, the primary suspect, in the disappearance of Natalee Holloway was arrested on Thursday, June 3, 2010 for the   murder   of Stephany Flores. Allegedly, Van der Sloot met the young college student during a poker tournament in Peru. They were later caught on video entering the room of a hotel. Approximately four hours later, Van der Sloot exited the hotel alone. Ms. Flores was murdered on May 30, 2010, exactly five (5) years after the death of Natalee Holloway. During the police interrogation in Lima, Van der Sloot admitted to killing Ms. Flores. Peruvian law carries a maximum of thirty-five (35) years for a murder conviction; however, authorities are unsure if his confession will result in a reduced sentence. Reportedly, Van der Sloot has also been charged with extortion and wire fraud in the United States since he attempted to extort $250,000 from the Holloway family in exchange for providing the location of Natalee's

  The alleged lead conspirator in a robbery and extortion case,   Hector Rivera , has been sentenced to thirty-two years in prison. Rivera was originally indicted in December of 2008 following an investigation that linked him to robberies in midtown Manhattan from 2003 through 2008. According to the   Federal Bureau of Investigation in New York , Rivera and numerous co-conspirators were targeting diamond businesses in the area. In one incident in 2005, the crew allegedly disguised themselves as FedEx delivery workers and entered a local diamond business. In the process, they tied up the employees and robbed the company of millions of dollars. https://askcompetentlawyer.com/federal-crimes/  During many of their crimes, the conspirators would also hijack vehicles known to be transporting merchandise. Eventually, the FBI became more aware of Rivera's potential involvement and began recording his telephone conversations and personal meetings with the help of a confidential informant. W

  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 .  https://askcompetentlawyer.com/drug-crimes/ 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. 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 inci

  A recent trend is occurring in the Southeast. Many men are being charged with  child pornography  based on a allegations of a spouse during a divorce. This allegation is very damaging to the husband and can put him in a defensive position and lose any argument for custody of his children. https://askcompetentlawyer.com/sex-crimes/  Many wives have read online and heard that this allegation will put a huge amount of fear into a man. Not only does the husband have to fight for his children, but he now has to fight a serious allegation. The real problem is so few judges actually know what to do when this allegation is used in family court. First, the abuse or  child pornography allegation  mysteriously appears when the separation or divorce proceedings commence. For some reason they were never reported prior to the husband and wife disagreeing on money or children. The courts should consider this as a crucial reason for this allegation to surface. Second, no lay person can assure a judg

  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. 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.  https://askcompetentlawyer.com/civil-litigation/ The detective wi

  Over the past several years there has been a major shift in the manner in which cocaine arrives in the United States. In years past my office in Miami represented a large number of Columbia, Cuban and Haitian nationals that were charged with trafficking in cocaine.  Attorneys in Miami  and New York spent a great deal of time  defending drug charges in federal court . The change has come in the manner in which cocaine is now entering the United States. The Columbian cartels of old would use the Port of Miami as one of the largest delivery areas in the country. With the burden of delivery falling on the Columbians. That has now changed with the introduction of the Mexican cartels.  https://askcompetentlawyer.com/drug-crimes/ There have always been Mexican cartels, but with limited access to cocaine, the profits were not anywhere near what the Columbian cartels were producing. Now, the Columbian cartels have realized a simple solution to getting cocaine to the United States. Let the Mex

  The alleged lead conspirator in a robbery and extortion case,   Hector Rivera , has been sentenced to thirty-two years in prison. Rivera was originally indicted in December of 2008 following an investigation that linked him to robberies in midtown Manhattan from 2003 through 2008. According to the   Federal Bureau of Investigation in New York , Rivera and numerous co-conspirators were targeting diamond businesses in the area. In one incident in 2005, the crew allegedly disguised themselves as FedEx delivery workers and entered a local diamond business. In the process, they tied up the employees and robbed the company of millions of dollars. During many of their crimes, the conspirators would also hijack vehicles known to be transporting merchandise. Eventually, the FBI became more aware of Rivera's potential involvement and began recording his telephone conversations and personal meetings with the help of a confidential informant. While tracking Rivera, they discovered that anoth

  The  State of South Carolina  has relaunched its mortgage fraud hotline after closing due to a lack of funding. The hotline received hundreds of telephone calls related to mortgage fraud in South Carolina. The United States Attorney for South Carolina is in charge of prosecuting many of these fraud cases. There are several  South Carolina Attorneys  that defend these types of criminal indictments. Many times the amount of prison exposure for a particular defendant will be based on the amount of intended loss related to the fraudulent scheme. Our  attorneys in South Carolina  represent companies and individuals that have been indicted for mortgage fraud. The investigation into mortgage fraud is usually conducted by the Federal Bureau of Investigation. The Obama administration reassigned dozens of agents to the fraud task force to handle the going rush of fraudulent transactions.

  On May 13, 2010, the   South Carolina Court of Appeals   reversed the decision of the trial court in   State v. Syllester D. Taylor . Taylor was originally arrested in July of 2006 for   possession with intent to distribute   (PWID) cocaine base. The appellate court concluded that the officers that arrested Taylor did not have reasonable suspicion to stop him as they did not witness him attempt to sell or purchase any drugs. In this case, the officer received an anonymous tip that a black male was riding a bicycle in the area and they suspected possible drug activity was taking place. The court found that receiving tips of this nature lack reliability since the person is unknown and could be providing false information. In such an instance, further investigation must take place that proves reasonable suspicion before an individual can be detained. Basically, in most cases, anonymous witnesses do not have credibility, thus the officer must observe criminal activity prior to making a s