New York Criminal Lawyer Blog

Avery Maggio was charged with eight counts involving different sex crimes. According to a New York Criminal Lawyer, the charges were based on claims that he had sexually abused another child who rode the school bus with him on different occasions in 2005, 2006 and 2007. Mr. Maggio was convicted of three counts of committing a criminal sexual act in the first degree and two counts of first degree sexual abuse. He was sentenced to 15 years in prison and subsequently appealed his case to the Supreme Court of New York Appellate Division, Third Department.

The appellate court was charged with determining whether the evidence presented at trial was sufficient to warrant a conviction. Mr. Maggio’s criminal defense attorney argued that while his client admitted engaging in inappropriate sexual contact with a minor child, the evidence did not prove that he ever compelled the victim to participate through verbal or physical force. Under New York Penal Law, forcible compulsion must be considered from the victim’s perspective and weighed against their age, the size and strength of the person perpetrating the sex crimes and their relationship to the victim.

The court noted that Mr. Maggio was four years older than the victim at the time the sex offenses occurred and that the sexual contact began when the victim was only nine. The victim testified that when he was 12, Mr. Maggio had threatened him with physical harm if he did not agree to the sex acts. The victim also said that on another occasion, Mr. Maggio had forced his head down and ordered him to perform oral sex. Mr. Maggio also allegedly grabbed the victim’s testicles, arms, legs and knees on other occasions and threatened to kill both him and his mother if he did not comply.

A New York Criminal Lawyer commented that with regard to Mr. Maggio’s appeal, the court argued that his ability to actually carry out the alleged threats was immaterial. What mattered factually was the victim’s perception of his ability to do so. The court also noted that the jury apparently did not believe Mr. Maggio’s theory that his victim had consented to the forcible sex acts, hence his conviction. Subsequently, the court held that the jury’s determination in finding him guilty of the sex crimes was supported by the evidence. Furthermore, the appellate court found that no error had been committed in allowing evidence to be admitted of Mr. Maggio’s prior uncharged sex crimes or in allowing the testimony of an expert witness knowledgeable about child sexual abuse accommodation syndrome. Accordingly, the court chose to affirm the original conviction and found no grounds for supporting a reduction in the sentence.

While Mr. Maggio’s New York criminal defense attorney worked hard to defend his rights, ultimately, the court could not find sufficient reason to reverse his conviction based on the evidence.

Being charged with sexual abuse, a drug crime, or theft crime can be an unsettling experience . If you or someone you love has been arrested for rape, sexual assault or any other sex offense, you need to contact Stephen Bilkis and Associates today to protect your rights. The firm’s team of experienced criminal defense lawyers can be reached at 1-800-NY-NY-LAW or by visiting one of their numerous New York area office locations. If convicted of a sex offense, you may face fines, imprisonment and have to register as a sex offender. Stephen Bilkis and Associates can provide you with the legal help you need to achieve the best resolution possible for your case.

The suspect in the failed Times Square bombing is in a state of foreclosure on his home and may be losing his home in the near future.

Faisal Shahzad stopped his mortgage payments on his Connecticut home in June of 2009. This coincided with a trip he took to Pakistan. Federal authorities believe that Shahzad took the Pakistan trip at that time to visit a terrorist training camp to help him prepare for his alleged terrorist activity here in the United States.Shahzad is a suspect in the failed Times Square bombing on May 1st. He is still in Federal custody on terrorist charges for attempting to set off a car bomb in Times Square. His attempt failed. He was arrested and is being held in Federal custody while awaiting trial on charges of terrorist crimes, says a New York Criminal Lawyer.

Now, a notice of judgment has been filed in Milford Superior Court ordering Shahzad to pay his mortgage company on his Connecticut home $213,000 or lose the home to foreclosure. He must pay the money to Chase Home Finance LLC by the end of July if he is going to stop the foreclosure procedures.

The home owner does have family, including a wife but his family is thought to be living outside of the United States at this time. He does have the option of attempting legal actions to stop the foreclosure but with Shahzad in Federal custody, it is doubtful he will be able to comply with the notice of judgment.

Federal officials take terror crimes very seriously, and those facing such charges will need
an experienced New York Criminal Lawyer. You donít want to come against the Federal Government without adequate representation.

Whether you have been charged with a felony or misdemeanor, it is important to ensure that your rights are protected. Speak to Stephe Bilkis and Associates for guidance and a free consultation.

A New York Criminal Lawyer has learned that three additional District of Columbia police officers have been arrested as part of an Internal Affairs corruption probe. These arrests happened just one day after another D.C. police officer was arrested as part of an unrelated investigation.

The three officers were arrested at the 4th District station following their purchase of electronic equipment that is believed to be worth several hundreds of thousands of dollars. The officers believed the equipment was stolen. Although the investigation is continuing, it does not appear that the officers were working together as part of a larger conspiracy.

D.C. officials report that the arrests are part of a two-month investigation that is part of an overall 18-month initiative, which has sought to rid the police department of any officers that are either corrupt or dishonest. The officials went on to say that, many of the hardworking men and women of the D.C. Police Dept. are devastated that there were those within their ranks that brought reproach to their department.

The internal investigation was prompted, in large part, by certain factors that were detected as a result of internal departmental checks and audits, supervisor reviews, internal and external tips, or as a result of other ongoing investigations, a New York Criminal Lawyer was told. The D.C. Police Dept has an ongoing policy of rooting out dishonesty and corruption within its ranks, and is willing to go to great lengths to maintain the integrity of its workforce. This ensures that any bad apple will be quickly taken out of the department before any bad seeds of corruption are sown and allowed to spread.

The three arrested officers have been charged with the attempted receipt of stolen property. While it is not clear exactly when the officers were suspended, all three officers were suspended from the department and are awaiting arraignment in D.C. court on Wednesday. It is also unclear as to whether any of the men have retained the services of an attorney.

The previous arrest, also involved an officer in the 4th District who was an active participant in a burglary. That arrest took place on Saturday.

If you or a loved one has ever had a negative experience with the law, then you may already know how much skilled legal counsel can help you sort through the legal quagmire that lies ahead of anyone who has been charged with a crime. If this is your first run-in with the law, then Stephen Bilkis and Associates can speak on your behalf and help you negotiate your way on the path to problem resolution. Whether you have been charged with a federal crime, a white collar crime, or fraud, we are here to help. We will provide you with a free consultation with your first appointment, so call us today.

A twenty year-old man from Macomb faces charges for driving under the influence, marijuana possession, and a possible charge for contempt, as he spit on the floor in the courtroom during his hearing. The Illinois State Police arrested the accused early on Sunday, where he was driving with a suspended/revoked license, found to be in possession of marijuana, and driving under the influence of drugs.

Since the man failed to appear in court in the past, he is also wanted in the state of Tennessee. His hearing was held on Monday at the McDonough County Circuit Court, where in order to be released he would have to post $450 to make bail, but he claimed that he could only account for $300 total. The man seemed outwardly troubled, as he shared about the difficulties of traveling place to place, and struggling with family problems. A New York Criminal Lawyer expounds, that while the man was walking toward his seat in the courtroom, he allegedly spit on the floor, and was later questioned by the Sheriff's deputy as to whether this was an accident or not.

After the accused was dismissed, an assistant county prosecutor filed an appeal that the act of spitting was a direct sign of contempt toward the court. No ruling has been made yet, regarding the petition against the accused for spitting on the floor. The man is currently residing in the McDonough County Jail, until his next hearing on Wednesday.

Sometimes situations happen in life that set us back and leave us feeling trapped, but with the help of a skilled legal counse, you can find hope. There is no reason to try and navigate the legal system alone without any guidance, but with the assistance of a Stephen Bilkis and Associates you will have solid professional support on your side.

The Maryland State Police Department is encouraging friends to tell on their friends, states a New York Criminal Lawyer. The State Police are encouraging motorists to call in to 911 if they see people driving erratically or dangerously on the roads during the winter months. They believe that residents in the state would rather call and tell on a person who is driving drunk rather than allow that person to hurt someone else.

They started the campaign before the Super Bowl and wanted motorists to look out for fellow motorists who might have had a few too many to drink while watching the game. The campaign was successful and there were more people using designated and sober drivers instead of taking a chance behind the wheel themselves. They want to extend the campaign and have motorists looking out for other potentially drunk motorists all of the time to prevent injury accidents related to alcohol.

The program was created and advertised using grant monies. The push for the safe roads will continue on in to the spring months, because drunk driving is a year-round concern. In previous years, there were severe accidents and the police did not want to have a repeat of those days. They will continue to encourage all residents to get a designated driver, a sober driver or to call the police if they suspect someone is driving drunk on the roads.

Our office can assist you or a friend if you are facing a DWI. The New York Criminal Attorneys are trained to handle any type of court case you are facing. Consult with a New York Criminal Attorney iif you have an upcoming criminal matter to face.

An 8-year old boy was taken into custody by police after he assaulted a school employee in Florida. After disrupting his classroom, the boy, a special-education student, left the school grounds followed by one of the school's behavioral specialists. When the boy returned to the school, he found a pile of sticks and other objects and began throwing them at the behavioral specialist striking her at least once, reports a New York Criminal Lawyer. Other school employees intervened to calm the boy before he was arrested.

This is the boy's fifth arrest for assault and the disruption of an educational institution. In earlier incidents, the boy threw books, broke windows, chased other students and threw chairs at teachers and other school employees. During one incident, the boy insisted that he be sent to jail. School officials are unsure as to why the boy continues to act out in a violent manner, says a New York Criminal Lawyer. Last December, The Florida Department of Children and Families was notified about possible child abuse at the boy's home. Reports show that while the boy suffered an injury, there was not enough evidence to support child abuse was the cause.

Over the past few months, the boy's violent tendencies have increased, according to school officials. The boy was arrested in November and December for assault. The boy has since been arrested three more times. Charges ranging from assaulting students and teachers to destroying public property have been filed. In addition to throwing books and chairs in the classroom, the boy has also damaged computer equipment. Whether or not the boy is acting out due to abuse at home is unknown at this point.

The Florida newspaper covering this story is refusing to identify the boy since he is underage. After his arrest, the boy was taken into custody in handcuffs. He had to stand in front of a police camera for a mug shot. According to the newspaper, the boy did not appear happy or comfortable even though he had said after other incidents that he wanted to go to jail. Getting the boy treatment to discover what troubles him may be the next step. Further investigation into the boy's home life may also be another option for the Florida Department of Children and Families. It is unclear as to what will happen to the boy now or if he will be allowed to return to school.

Speak to a skilled lawyer who can clearly explain the legal process and your rights.

A question of individual rights regarding a child who was rumored to have been allegedly sexually abused by her father has caused great controversy in the courts and between different interest groups

In 2003 in the state of Oregon, a nine-year-old girl was suddenly removed from her public school classroom by a child protection investigator who was accompanied by a deputy sheriff. Operating under presumed intelligence that the young girl had been sexually abused by her father, the two men interrogated her for a period of approximately two hours and sought confirmation that she had in fact been sexually abused. A New York Criminal Lawyer reports that allegedly, the young girl finally confirmed their suspicions; however, at a later date she confessed that she had only given the two men an affirmation because she was afraid and wanted to escape the interrogation.

The father of the girl was arrested, but later released when charges were dropped in regards to this specific case. However, it seems that the father agreed to a plea deal that involved a different charge of sexually assaulting a minor. In response to the interrogation by the deputy and child protection investigator, the family of the young lady filed a lawsuit, which was heard in the 9th U.S. Circuit Court of Appeals, located in San Francisco. A Bronx Criminal Lawyer notes that the case eventually made it to the Supreme Court, following an appeal by the state of Oregon.

A Bronx Sex Crime Lawyer commented that the divisive nature of this issue is evident by the claims made on both sides. Those who support the actions of the deputy sheriff and child protection investigator, such as the state of Oregon and certain child advocacy groups, make the claim that such an action should be allowed. They argue that the protection of the child is the most important factor, not the authority of the parents and the privacy of the family. Those who oppose the interrogation of the girl, such as the Family Research Council and the family themselves, argue that while the best interest of the child is definitely important, the repercussions of future “interrogations” and acts of government-sanctioned family separation have the potential for great abuse. A major concern seems to be: if this landmark case results in greater freedom for authorities to engage children without the knowledge of the parents, then conceivably arbitrary reasons for investigation would endanger the child and unnecessarily undermine the sanctity of the nuclear family.

Such landmark cases as this, which made headway in the Supreme Court, have a special importance. In the future, it may be that such cases become more common, due to the attention shown this one.

Sex crimes are complicated offenses, particularly when a child is the victim. Often the alleged perpetrator is a family friend or relative, which causes even more shock and pain for those involved. Whether or not the accused is guilty of the crime, these charges carry with them an emotional stigma, which creates very real challenges for the accused. The accused may experience difficulties with personal relationships, and problems with housing an employment.

If you have been charged with a crime, it is important to seek legal assistance as soon as possible. The sooner you seek the guidance of qualified counsel, the better your chances are for a positive outcome in your case.

Continue reading "A divisive case of child abuse and parental rights launches to the Supreme Court" »

Just when you think you have heard it all, another story comes along that leaves one asking what were they thinking. A New York Criminal Lawyer has learned that a Maryland man was arrested for DWI early Sunday morning. While sadly that is nothing unusual, what makes this a little different is that the suspect backed his truck onto the hood of a police car.

The 26-year old man had reportedly been in an argument with someone at a local bar, when he decided to give chase to the person, he had been arguing with. That chase ended with the man’s truck having pushed the other person’s car into a utility pole. The story gets better. With the man’s judgment heavily impaired due to too much alcohol consumption, and having just been in an adrenaline inducing car chase, and then being involved in an accident, the man took it upon himself to place his vehicle into reverse and back up. The problem with this is that in so doing he backed onto the hood of an unmarked police car that had come upon the accident scene and had attempted to block the driver of the pickup by using his police cruiser as a barricade. The officer’s tactic worked overall, as the police vehicle did stop the truck from leaving the scene. It just was not exactly the way the officer had originally intended.

Luckily, the officer received only minor injuries and was treated and released from the local hospital soon after. The driver of the pickup, however, was not so luck. Although the man was not aware at the time of the presence of the police car beneath his truck, police were able to convince the man to exit his truck where he was then placed under arrest and charged with DWI, reckless driving, negligent driving, and two counts of second-degree assault.

After posting a $10,000 bond, the man was released later Sunday morning. This was most likely, after he had slept off his dreams of monster truck greatness.

If you have been charged with a DWI, it is important to obtain legal counsel as soon as possible. Whether you are found guilty or innocent, a DWI charge can have a lasting impact on your life. If convicted, you could be facing jail time, probation, fines and community service.

Continue reading "DWI Suspect Arrested on Top of Police Cruiser" »

A 30-year-old PA veterinarian was arrested Tuesday in connection with last week's alleged murder of a 27-year-old co-worker and their unborn son. The police reported that the suspect has been charged with one count of criminal homicide and one count of criminal homicide of an unborn child. The suspect was arraigned Tuesday morning and was denied bail.

The woman was last seen alive last week outside her apartment, according to a previous police report. PA State police found her body on Friday morning, after more than a day of searching. According to court documents received by a NY City Criminal Lawyer, the victim had been shot three times, twice in the head and once in the back.

Those court documents also revealed that after the woman was initially reported missing, police received a call concerning a suspicious vehicle left in an area parking lot. After arriving on scene, the authorities determined that the car belonged to the missing woman. More concerning still, court documents confirmed that the car’s windshield was broken and investigators found a large amount of blood, human tissue, and gun-shell casings inside the vehicle.

Police interviews with the victim’s roommate revealed that the woman was two-months pregnant with the suspect’s child and was planning to meet with the suspect the night she went missing, police said. The autopsy determined the woman was pregnant with a healthy male fetus.
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According to a New York Criminal Lawyer, state police went to the suspect’s home to speak with him, and received permission to search his car. Their search revealed a gun in the trunk of the vehicle, and police revealed that theshell casings found inside the victim’s car matched that gun. After obtaining a search warrant to further search the suspect’s car, the victim’s cellphone was also believed to have been found under a seat in the suspect’s car.

The victim’s family released the following statement to local area 69 News: "We are very thankful an arrest has been made. Please understand that we are dealing with preparing our family for the next two days. Our focus has been and will continue to be (mother) and her child. She was a loving kind peaceful girl. She and her baby did not deserve this. She was so happy to become a mom and share motherhood with her family. We ask for you to respect our privacy and allow us to grieve (mother) and her baby boy."

Continue reading "Man killed Girlfriend, Unborn Son" »

A single vehicle operated by a man 20 years of age rolled several times in the wee hours of the morning in a fatal crash. The driver was transported to a nearby hospital still alive. It was not long after his arrival there when the authorities pronounced the vehicle operator dead, a spokesperson informed a New York Criminal Lawyer.

There were two other people in the car at the time of the accident. They were both the same ages as the vehicle operator. The passengers were injured. No details about their injuries could be furnished to the NYC Criminal Lawyer. The men were treated at the same hospital where the vehicle operator was pronounced dead.

The vehicle operator was driving a newer, mid-sized vehicle. Witness statements and forensics clarified the nature of the car accident. The vehicle operator was driving when his steering became erratic and the vehicle went out of control. The lack of steering control caused the vehicle to move forcefully into an embankment. The vehicle bounced off of the embankment and glanced off a nearby utility services pole. The force of the blow to the vehicle caused the car to flip. The car came to a stop right-side up on all four of its wheels.

There was no information available as to the condition of the vehicle following the accident. It was not known if the passengers and the victim were properly fitted under their seatbelts. Authorities are verifying witness statements about how the accident occurred. No information is available at this time regarding the victim’s family or surviving members. Next of kin could not be located at the time this article went to press. There is no information available regarding the involvement of alcohol or drugs or driver impairment as possible causes of the accident. Inquiries are being made. There was no indication of faulty vehicle equipment or failures in vehicle brakes or tires as possible causes. It appears that the remaining investigation has a ways to go before a final report is filed on the matter.

Continue reading "Crash Kills Solitary Motorist" »

A Texas man drove his vehicle into a parked car and knocked over a power pole, police reported. Officers responded to a call before 2 a.m. The police explained that the the driver ran his vehicle into another car, then spun around and hit the power pole, which fell onto a tree. Only one customer seems to have lost power, according to Texas officials, and a crew was quickly at work to repair the pole.

Officers said that the driver was taken straight to the hospital. His injuries were non life-threatening. While at the hospital, his blood was drawn for a possible DWI charge. As of this writing, the driver was still hospitalized.

Handling these kind of events are just what a New York Criminal Lawyer is for. Everyone who is accused of a crime requires a legal advocate. It is more than just the law – it is the right of everyone in the United States to have legal representation. Still, such representation comes in many forms. Not all legal counsel are equal. Make sure, if you ever have a date in court, you have only the best speaking for your side of the story. Only a qualified criminal lawyer has the tenacity, integrity, and discretion you need when it comes to a criminal trial.

It may come to pass one day that you or a loved one are the subject of criminal allegations, whether it be DUI or just a simple traffic ticket. It could even be something much greater. Any such accusations are always a burden, taking up valuable time and costing money, both of which would be better served taking care of your family. The nature of the charges doesn’t really matter. What matters is what you do about it. What matters is who you have defending you against the prosecutor.

Continue reading "Alleged Drunk Driver Knocks Over Power Pole in Texas" »

A former hedge-fund manager sits in a New York City jail today after he was arrested January 13 for making death threats against federal regulators, a collegue discovered. The government alleges that the accused sent emails that were laced with profanity to at least 47 current and former members of the SEC, the Commodity Futures Trading Commission (CFTA), the National Futures Association (NFA), and the Financial Industry Regulatory Authority (FIRA).

Sources report to a reporter that U.S. prosecutors further allege that the former 50-year old commodities trader maintained an “execution” list of these regulatory officials on his company website. They are including the words that are alleged to have come from his website, “Go buy a gun, and let’s get to work in taking back our country from these criminals,” and that “I will be the first one to lead by example.” One of the government’s pieces of key evidence is that one of the emails that was reportedly sent by the accused to the NFA’s Chief Operating Officer (COO) reportedly reads, “It wasn’t ever a question of ‘if’ I was going to kill you, it was just a question of when.”

As is always the case, there are two sides to every story, and this story is no different, claims a source. The accused former trader says that these charges are the result of those officials in the regulatory agencies that have a grudge against him that began about 10-years ago after he was acquitted of charges of mail fraud and for allegedly making false statements. Following his acquittal, he applied to have his licenses reinstated, which was denied. Completion of the appeals process would also see the denial of reinstatement of his licenses. Following these denials, the accused had allegedly sent out threats to those involved at that time as well. These threats resulted in the accused agreeing to undergo therapy for anger management.

Regardless of which side of the story one believes, the accused is to be presumed innocent until proven guilty in a court of law. This is true everywhere including New York and Suffolk County.

If convicted, the former Wall Streeter faces up to two federal counts of “transmission of threats to injure" that he has been charged, that could result in a maximum of 10 years in federal prison.

Continue reading "Former Hedge-Fund Manager Accused of Making Death Threats Against Regulators " »

Facing foreclosure on a family home or bankruptcy due to ever rising basic costs is a scary option, but help is available. However, one must consider from where the help is coming. A friend accounts what happened when one attorney decided to help himself instead of his clients.

In Chicago one attorney with the help of his wife decided to defraud clients by promising to help with foreclosure and bankruptcy issues. Clients turned to this Chicago attorney for help in their hour of need and were taken for granted, money stolen, and homes foreclosed on even though payments had been made to the attorney. The attorney was using his client’s money to fund his own goals.

An advisor would be one option for representation and given the circumstances this may be the way that the Chicago attorney should precede. The attorney is charged with one count of mail fraud, six counts of bankruptcy fraud and one count of obstruction. His wife is charged with one count of obstruction, two counts of perjury, and one count of bankruptcy fraud. His wife is charged as an accomplice, even though she supposedly did not deal with the clients directly. However, the attorney’s wife lied by completing documents stating that one client had completed a credit counseling course that the client had not completed.

The couple told clients that funds paid would be used to make mortgage payments or to complete Chapter 13 bankruptcy plans, but the funds were instead used for the couple’s own benefit, alleges a charge. It is said that a doctor makes the worst patient and this also holds true for attorneys. This Chicago based attorney should get help from a collegue immediately.

If convicted mail fraud can carry a penalty of up to twenty years with restitution and a 250,000 dollar fine. Bankruptcy fraud also carries a fine of 250,000 dollars and a maximum penalty of five years. Perjury in New York and Westchester only has a sentence of five years maximum in prison. The wife is charged with perjury because she allegedly lied under oath when asked if she had the power to speak on behalf of a client. The couple has been indicted by the Grand Jury, but has not yet gone to trial. Trial dates have not yet been released nor have any discussions of a plea or cooperation on behalf of the couple.

Continue reading "Attorney and Wife Indicted" »

http://criminaldefense.1800nynylaw.com/On Wednesday, the former chief executive officer (CEO) of Qwest Communications, filed a lawsuit that alleges the lawyers who represented him during his insider-trading case overbilled him, a newspaper has learned. The legal malpractice lawsuit was filed in state Superior Court in Newark, NJ, seeks punitive and compensatory damages totaling $25 million plus attorney’s fees.

The former CEO is currently located at a federal prison in Pennsylvania, serving a 70-month sentence for using insider information as a basis for selling $52 million in stock in his former employer, the source was told. An appeals court also ordered him to pay a $19 million fine and to forfeit close to $45 million. His conviction was in 2007.

The former CEO’s current attorney has also informed the source that thanks to the law firm named in the suits failure to follow even the most “basic litigation procedures,” his client received not only strict fines, but also a lengthier prison sentence than what was necessary. The attorney also stated that due to these failures, the trial judge barred the defense’s sole expert witness. He also added that the case is sad, since his client not only received inadequate representation during his trial, but he was also overbilled in the process.

The lawsuit also includes allegations against the law firm for paying itself unreasonable and excessive fees from monies that it held in trust. It further claims that during the trial the law firm charged for in-room movies, meals, and underwear for the attorneys to the tune of several tens of thousands of dollars.

An appeal to reduce the amount of the fines that were imposed was dropped as part of a settlement between the former CEO and the SEC last month that included the SEC dropping a civil complaint against him. The SEC still has a pending complaint against former executives and employees of Qwest Communications, for what they say are there roles in the reporting of the company’s financial performance between 1999 and 2002.

Although legal malpractice lawsuits in Brooklyn and Staten Island may seem like an insurmountable process, lawyers are supposed to maintain high ethics and integrity.

If you have been charged with a white collar crime contact one of the New York Criminal Lawyers at Stephen Bilkis and Assoicates for a free consultation

Continue reading "Ex-Qwest CEO Says That He Will Not Pay for His Lawyer’s Underwear " »

Tax fraud has been a problem almost since people have been required to pay taxes. As a New York Criminal Lawyer also claimed that, the problem has been even more prevalent in the electronic age. This is due, in large part, to the many places that we do business on the Internet that collect our vital information and store it as part of a normal business transaction. Electronic information gathering is not the only method that criminals use to collect our private information, however. Thieves have been scouring trash bins and mailboxes during tax season for many years, and the problem has only grown worse.

Many citizens in one state in particular have been learning of the problem firsthand. Citizens from the State of Georgia have been reporting increasing instances of receiving tax bills that have caught them by surprise. These are also the same citizens who have been filing their taxes regularly and have had no problems either with the Internal Revenue Service (IRS) or with their Georgia state income tax. Recently it has been learned of one such man who discovered too late that a 26-year old illegal immigrant had been arrested for using his Social Security number when he applied for work in a nearby county. It is also believed that this same illegal immigrant is why the Georgia man had recently received a tax bill from the IRS for $3,434.

Unfortunately, stories like his are not uncommon. During the 2010 tax season, the State of Georgia’s Revenue Department reportedly detected at least 52,000 fraudulent tax returns that totaled approximately $41 million in tax refunds. Those returns are only the returns that were detected; sources indicated.

While tax scammers are growing in number, there are certain measures that can be taken in order to protect your identity. The IRS and every state tax revenue department maintains a list of these steps and makes them freely available on their websites. One of the most important points to remember is never give your vital information to someone that you do not know, and take extra precautions when mailing your returns. One of the most important suggestions they offer is do not mail your return from your home mailbox, as thieves do pilfer through mailboxes during tax season in search of returns and refund checks.

Continue reading "Tax Fraud in Georgia is Growing" »

A former director of financial firm Goldman Sachs has been accused of providing illegal business tips to the head of the Galleon Group, another financial firm. The Securities and Exchange Commission (SEC) alleges that Rajat K. Gupta provided information about Warren Buffet's intentions to invest in Goldman Sachs to Raj Rajaratnam hours before the investment was complete. This tip allowed the Galleon Group to earn $900,000 in profits after the company purchased 175,000 Goldman Sachs shares. Providing tips like this to other business people is illegal and unethical, and is charectarized as White Collar Crime.
According to the SEC, this is not the first time Gupta has provided Rajaratnam with trading tips. Gupta, who also sits on the board of Proctor and Gamble (P&G) alerted Rajaratnam of the company's quarterly earnings early which prompted the Galleon Group to purchase shares right before quarterly earnings announcements. The Galleon Group earned more than $13.6 million in profits.
Gupta and Rajaratnam met about ten years ago during their work with the Indian School of Business. Since then, the two men have shared thousands of phone calls, lunches and formed business alliances such as the New Silk Route, a financial firm specializing in investment opportunities in India. Even though Rajaratnam's role in New Silk Route is unclear, as he never took an active role in the firm, the two men are linked to the company, states a New York Criminal Lawyer. Gupta's lawyer insists that the two men are friends and business colleagues and that Gupta has 40 years of experience in business and has never been accused of any illegal activities during this time.
Rajaratnam is currently on trial for insider trading. For his part, Gupta is being closely investigated by the SEC. Charges may be pending including Grand Larceny and Securities Fraud. In addition to being the former director of Goldman Sachs, Gupta is also a senior advisory at the Bill and Melinda Gates Foundation and sits on the board of AMR, the company that owns American Airlines. Gupta stepped down from his position on the Proctor and Gamble board to spare the company any embarrassment or loss of profits.
In addition to having a clean business record, Gupta's lawyer also states that Gupta lost about 10 million dollars after one of Rajaratnam's investment funds collapsed during the recession. He lawyer states that this further proves the Gupta is not guilty of any wrongdoing as he lost a substantial amount of money.

Continue reading "SEC Accuses Former Goldman Sachs Director of Participating in Insider Trading" »

Jurors selected in the retrial of former Illinois Governor Rod Blagojevich will not be named until the day after the trial is over to protect jurors from the onslaught of reporters who allegedly harassed jurors after the first trial. The judge presiding over the retrial said he is withholding the names of jurors because of the way the jurors in the first trial were treated just hours afterwards, reports a New York Criminal Attorney. Apparently, jurors from the first trial were followed by reporters and others in the media, harassed at home at all hours and were unable to go about their normal routines without media interference. Reporters hungry for juror reactions and their recollections from the trial say they were trying to do their jobs and that most in the media were compassionate to jurors while a few went too far.
In high profile court cases like those in New York and even Long Island, it is not unusual for the names of jurors to be withheld until the trial starts or until after the trial ends. Reporters want to know the names of the jurors sooner rather than later. Some reporters claim it is their duty to keep the public informed by learning more about what jurors were thinking and discussing in the deliberation room during a trial to determine if justice was served. Blagojevich is charged with trying to sell President Obama's former Senate seat, fraud and other illegal activities. During his first trial, he was only convicted of one charge – lying to the FBI. The other 23 charges were dismissed by the jury, claims a reporter.
During the first trial, the jury deliberated for 14 days. Only one juror held out for a not guilty verdict. In the end, the jury was deadlocked on all by one charge and the trial was considered a mistrial. The second trial is scheduled to start on April 20th, says a NY Criminal Lawyer. Blagojevich is being charged with many of the same crimes he was charged with in the first trial. He continues to claim his innocence.
Withholding the names of jurors is well within the rights of the judge. Even though media outlets are trying to get the judge to release the names immediately after the verdict, the judge seems pretty adamant that this will not happen. Reporters will most likely have to wait until the day after the trial to talk to jurors about the outcome.

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A convicted sex offender on trial for kidnapping and raping an 11-year-old girl and keeping her captive for 18 years was expected to give a guilty plea – until his lawyer asserted the grand jury was improperly selected and acted inappropriately.
The public defender in this case is defending her clients against charges of rape, kidnapping, and other charges in an amended indictment, and she urged them to plead not-guilty.
The public defender did not elaborate on her claims regarding the jury, but did say she had questions about the racial makeup and the geographical makeup of the jury that indicted the couple on trial – the kidnapper and his wife. They were indicted mainly for the kidnapping of the 11-year-old girl, who is now 30. The public defender has been instructed to outline her objections in writing.
A second attorney, the one representing the kidnapper’s wife, had earlier said he expected the kidnapper to plead guilty and spend the rest of his life in prison.
The public defender was understandably bothered by that.
“He shouldn’t have been speaking for [my client]. He should speak for his client.”
The wife’s attorney said he did not know about the public defender’s plan until the day before she made her assertions.
The district attorney plans to continue with the trial and expects the grand jury’s decision to be upheld.
“My responsibility is to see that these two are held accountable for the enormity of their actions,” he explained. “We are determined to do that.”
The girl at the heart of the trial was kidnapped from her street in June 1991 as she walked to a school bus stop. During her imprisonment, she bore two daughters, now 13 and 16, to her kidnapper. All three of them were kept in a backyard compound of tents and sheds. They had never been to school or seen a doctor in during the entire period.
The kidnapper and his wife confessed everything and even seemed to want to spare their victim and her daughters from testifying. They were originally charged with 18 counts of kidnapping, rape, false imprisonment, child pornography, and committing lewd acts on a child.

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