October 11, 2011

Claudio Osorio and His Wife File for Chapter 11 Bankruptcy

High-tech entrepreneur and Miami Beach businessman, Claudio Osorio filed for Chapter 11 bankruptcy this past Friday. Sources have also told a New York Criminal Lawyer that his wife also filed with the embattled Osorio. As part of this filing, the couple has listed assets of $35 million and debts of $13.5 million. There have been some reports; however, that the listing of assets may be questionable, as his former company, InnoVida, which he lost over allegations of misappropriating investor funds last year, is reported to be currently unable to pay debts totaling $2 million. It is alleged that Osorio transferred much of the company’s cash to offshore accounts before giving up control of the company.
Simply filing for protection from creditors in Chapter 11 bankruptcy will not necessarily absolve the Osorio’s from any allegations of possible wrongdoing, however. According to the sources who spoke with a insiders, the Osorio’s are facing numerous legal challenges from a growing list of neighbors, contractors, businesses, and banks, who are seeking to recover as much of their losses as possible. Judgments were already obtained in at least two lawsuits and are listed as debts in the Chapter 11 filing. One lawsuit was from a former neighbor from the exclusive subdivision the Osorio’s had lived. That judgment was for an undisclosed amount as it is still being contested. The monetary amount of the second judgment is listed in the bankruptcy filing. Judgment was awarded to a former contractor that had done work for the Osorio’s. The dollar amount listed in this suit is for $4 million. The Osorio’s bank accounts were garnished because of this verdict.
The NY Criminal Lawyer also learned that their credit card debt is listed at $250,000, which would indicate that the couple was living a lavish lifestyle based on falsehoods, as some of the creditors have commented.
Although many of the accusations against the entrepreneur are civil, there are ongoing criminal investigations into his business dealings as well. This could be a case of fraud. Many of the allegations surrounding his transfer of assets from his former company are included in a criminal investigation. There is also a criminal investigation into his business dealings in Switzerland, where he is reported to have a condominium, and it is believed that he may have transferred some of his assets into an account there. That investigation is being conducted by Swiss authorities as it would be in Manhattan and Queens.

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August 30, 2011

In Washington D.C.,U.S. Citizen, 4, Deported to Guatemala

A NYC Criminal Lawyer learned that a four-year old U.S. citizen was deported to Guatemala by U.S. Customs and Border Protection officials. The little girl was returning to Long Island with her grandfather from visiting relatives in Guatemala when their flight was diverted to Washington D.C.’s Dulles Airport for an unknown reason. While her grandfather did have, a valid work visa that allowed him to travel, customs officials noticed that the man had a prior illegal entry attempt that occurred in the 1990s. They immediately took him into custody.
It was at this point that it is believed that her grandfather went into a panic attack, and was taken to the hospital. All the while, the four-year old girl was detained for nearly a day at the airport without her parents having any knowledge as to either her or her grandfather’s whereabouts. They were still waiting for their flight to land at John F. Kennedy International Airport (JFK), sources reported. By the time that her father realized what was going on, he contacted a border patrol agent and was advised of his limited choices. He was told that either he could allow the four-year old child to be detained in a juvenile facility in Virginia, or she and her grandfather could return to Guatemala. He opted for the later, as he feared that authorities would put her up for adoption.
Sources revealed to New York Criminal Lawyers that Customs and Border Protection officials had little comment on this matter, only to say that the parents are afforded the options of whether to pick up the child, allow the child to be turned over to a juvenile facility, or to return to the country they had just arrived. They further added that since the four-year old girl’s parents are undocumented that if they are caught that there are consequences to their actions and they will be detained. This is not considered to be Fraud and would not be deemed as fraud in The Bronx or Queens.
Regardless of anyone’s stance on immigration, legal or not, the fact that the child was born in the United States makes her an American citizen and there are many who are asking the question of how could an American citizen have been deported.

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August 9, 2011

Embezzler Goes Bankrupt in Miami

A Des Moines man, formerly the finance director of a business in his hometown, embezzled $1 million from his employer. That is not the end of the story, however. He has now filed for bankruptcy, court records show.
The embezzler worked for several companies, all owned by the same man, and in the course of his work took a great deal of money. Nonetheless, he recently filed for the liquidation of personal debts under the protection of Chapter 7 of the federal bankruptcy code. Chapter 7 allows one who owes a debt to discharge what he owes in exchange for giving up certain property to pay back the debt.
New York Criminal Lawyers have learned the Des Moines man, who called himself unemployed with no income whatsoever, had $203,650 in assets, like a $200,000 home (now foreclosed), and $705,822 in liabilities, which included $165,000 in state taxes and more than $350,000 in credit card debt or other unsecured debt. Fraud cases like this one are common in Queens and New York City.
The former finance director pleaded guilty in February 2010 to a single count of wire fraud. It was part of a plea deal – a federal grand jury had already indicted him for 33 counts of wire fraud, accusing him of sending $81,475 to Colombia and the Dominican Republic. He also admitted to embezzling money while acting as finance director with his previous employer.
He was first arrested in October 2009 in Miami. Customs officials had already stopped him in Bogota, Colombia – he had fled there after discovering law enforcement officials were looking for him.
A U.S. District Judge sentenced the Des Moines man to 15 months in prison and ordered him to pay $911,369 to his former employer. The 15-month sentence was a reduction from the standard term for such a crime, since it was the embezzler’s first criminal offense and he had already spent a good deal of time in jail.
The embezzler’s former employer has also been indicted, N York Criminal Lawyers have learned, in this case for federal wire fraud and conspiracy to commit wire fraud. They were attempting to defraud a number of insurance companies to take workers’ compensation premiums.

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