Los Angeles Criminal Defense Lawyer Blog

A 61-year-old Hawthorne woman has pleaded guilty to a pair of wire fraud charges for defrauding insurance companies of nearly $1 million by conducting fake funerals, according to Southern California Public Radio.

A Los Angeles defense lawyer experienced in handling fraud and theft charges in federal court should always represent defendants charged by the federal government. Significant differences exist between state and federal court and a client will be best served by finding an attorney who frequently handles federal criminal charges.

In this case, the woman faces up to 40 years in prison. She had been set to go to trial this week in U.S. District Court in downtown Los Angeles. A 68-year-old co-defendant is also facing a trial on five counts of mail and wire fraud.

Authorities allege that the women collected nearly $1 million from insurance and lending companies by purchasing policies for non-existent people, killing them off, and then staging their funerals.

The women, who worked as a phlebotomist and in a mortuary, allegedly filled caskets with various materials to make it appear as though they contained corpses. After the funerals, they allegedly filed documents that the bodies had been cremated and buried at sea. The insurance policies were worth $50,000 to $450,000 and collections as large as $250,000 were made.

Continue reading "Los Angeles federal fraud charges accuse women of staging funerals for fake people to collect real insurance " »

The recent case of a 23-year-old Marine charged with a fatal drunk driving accident in Los Angeles is a tragedy for all involved. Anyone facing California DUI charges in connection with a serious of fatal accident faces the very real prospect of spending years in prison.

Hiring a Los Angeles DUI defense lawyer experienced in handling drunk driving accidents is critical to protecting your freedom and your future. Prosecutors rarely deal in such cases and judges are too happy to hand down lengthy prison sentences. In many cases, a DUI conviction can have a serious impact on a defendant's chosen career field. Members of the military and law enforcement officers, in particular, may face additional consequences as a result of a drunk driving conviction.

In this case, the Los Angeles Times reports that a 51-year-old woman was killed and her 5-year-old grandson was seriously injured after the Marine crashed his SUV into their car.

Authorities report the woman was traveling in a Toyota Prius with her husband and grandson. The trio stopped at a residence on Strathern Street near Wilbur Avenue and were getting out of the car when a Jeep Cherokee slammed into them.

The Los Angeles police department reports the car was partially protruding into the street.

In cases like this, an experienced attorney will built a two-prong defense, by both challenging the DUI charge and the allegation that the defendant was responsible for causing the accident. Frequently, when authorities at the scene determine a driver involved in an accident has been drinking, the news ends all attempts to investigate the cause of the crash. If the state fails to prove the defendant was driving while under the influence, or that he was responsible for the accident, a reduction or dismissal of the charges often results.

Continue reading "Los Angeles DUI accidents require experienced and aggressive legal representation" »

A Canadian man has pleaded guilty to a federal wire fraud charge in Los Angeles after being accused of spearheading a telemarketing campaign that preyed on the elderly, the Montreal Gazette reported.

He had faced 25 fraud-related charges at an upcoming trial in U.S. District Court. Instead, he entered a plea to one-count of wire fraud.

This case illustrates the importance of hiring a Los Angeles criminal defense lawyer experienced in handling wire fraud and other federal charges. The government loves to pile on the charges, it makes for great headlines and great press.

But once they are forced to actually prove the charges, many of these cases quickly unravel. The evidence against this defendant must have been exceedingly poor to permit a plea to a single charge. As a defense lawyer, it would be tempting to refuse, and force the government to either take the case before a jury or dismiss all charges. However, you never know what a jury is going to do and pleading to a single charge was likely the only logical course of action in this case.

The government gets its conviction, and the defendant walks away virtually unscathed.

Much trumpeting was done by the government at the time of the arrests in 2006. The case involved both Canadian and U.S. authorities and resulted in the arrest of 39 people, who were believed to be working at the direction of the defendant. Canadian authorities alleged that the suspects called 500 people a week and had made as much as $13 million over three years.

But a statement read in court indicated about 50 victims may have lost about $1.2 million.

The telemarketing scam involved lottery sweepstakes and induced the alleged winners to send money to pay for administrative fees.

Of the 39 arrested nearly five years ago, only one other case has been settled and resulted in three-years of probation for the defendant.

Continue reading "Federal fraud charges in Los Angeles dissolve long after media spotlight fades away" »

A West Covina man has been arrested for allegedly possessing $6 million worth of ecstasy pills, the San Gabriel Valley Tribune reported.

A Los Angeles criminal defense lawyer experienced in defending clients against drug trafficking charges in Southern California will need to review the facts and circumstances of this case. The 32-year-old man is accused of having 600,000 of the pills for sale.

Officials from the Drug Enforcement Administration and the Beverly Hills Police Department spearheaded the investigation, which culminated in serving a search warrant on the man's home in West Covina at about 6 a.m.

The enormous quantity of the drug ensures that the District Attorney's Office will seek criminal charges carrying the stiffest possible sentence. Possession of ecstasy with intent to sell in many cases is punishable by a mandatory sentence of 1-3 years in prison under California law. But by the time the state gets done filing charges, this defendant will likely be facing decades behind bars.

Many times, authorities will be looking to make a deal with such defendants in an effort to find the supplier. Unfortunately, without the representation of an aggressive and experienced defense lawyer, defendants too often find they provide the requested information in exchange for little or no gain.

In this case, authorities have declined to release his name and Beverly Hills Police referred all questions to the DEA, which referred all questions to the U.S. Attorney's Office. Which ... is not taking questions!

Always call an attorney. Always wait for the attorney's advice before proceeding. Many times, a victim's own statements can be among the most damning pieces of evidence in drug cases. An experienced attorney may be able to challenged evidence and the execution of search warrants.

But it's the defendant's own statements that ring the loudest in a judge or jury's ears.

Continue reading "Southern California drug charges always require aggressive defense" »

The recent decision by the U.S. Supreme Court to narrow the scope of "honest services" prosecution under federal law could have a dramatic impact on the appeals of those convicted of fraud and other white-collar crime in Los Angeles.

Federal criminal defense attorneys in Los Angeles and elsewhere have long argued that the "honest services" provision of the wire fraud statute is too vague and leaves executives and other professionals open to overzealous prosecution. The law has been used in the high-profile conviction of former Enron CEO Jeffrey Skilling, among others.

Lawyers for convicted biotech executive Scott Harkonen have already cited the Supreme Court decision in a federal appeal before the Northern District of California. Harkonen was convicted of wire fraud after a jury found that a press release he wrote falsely described the effectiveness of a drug produced by the company. Prosecutors contended the misleading information was meant to illegally inflate company sales.

Defense attorneys have argued that he did not misrepresent clinical trial data in the release and that the government merely disagrees with his analysis. That's not fraud.

Another California case involves a man convicted of five counts of fraud under the "honest services" law for receiving a lucrative consulting gig as part of a scheme to steer municipal trash contracts.

The law makes in a crime to "deprive another of the intangible right of honest services." The Justices unanimously concluded that the law was so vague and so broad it could incorporate all manner of behavior, including that which no reasonable person would consider illegal. Justice Stephen G. Breyer joked that a government worker reading the racing forum during work hours could be put in violation of the law.

The court decision will still allow the law to be used in circumstances where bribes or other illegal activity are also involved. The Chicago Daily Herald reports that a judge declined to dismiss the honest services charges against former Illinois Gov. Rod Blagojevich.

In the wake of the economic downturn, the government has used the "honest services" law to prosecute numerous cases of alleged wrongdoing by executives, as well as mortgage, real estate and investment fraud. A high-profile case out of South Florida resulted in the brother-in-law of the county manager being sentenced to 10-years in prison. The defendant, a commercial mortgage broker, was convicted of pocketing $2 million after selling a tract of land without disclosing he was part owner. The county manager had invested hundreds of thousands of dollars in the deal but was cleared of wrongdoing.

Continue reading "Honest services convictions ripe for California appeals after U.S. Supreme Court ruling " »

Actor Mel Gibson could be charged with domestic violence in Los Angeles after authorities confirm they are investigating an alleged incident on Jan. 6, FOX News reported.

Gibson's ex-girlfriend alleges he punch her in the face repeatedly, causing a concussion and a broken tooth. Gibson has reportedly told the celebrity press that he was trying to get her to stop shaking the couple's 8-month-old baby.

This case illustrates the importance of seeking the advice of a Los Angles defense attorney experienced in handling domestic violence charges whenever allegations of physical abuse are made by a spouse. In this case, no real evidence could exist from an incident that occurred six months ago. Yet authorities say they are taking the case very seriously based on allegations made by a disgruntled former girlfriend in the midst of a breakup with a celebrity.

Domestic violence charges can also significantly impact the outcome of family law matters, including visitation and child custody. And restraining orders can prevent a defendant from seeing family or even returning home. Gibson and his former girlfriend are currently battling for custody of their child and have both filed dual restraining orders.

Those convicted of misdemeanor domestic violence in Los Angeles can face up to one year in jail. If the District Attorney's office upgrades the charges to a felony based on the extent of injuries to a victim, a defendant could face more serious assault charges and up to four years in prison.

This case also involves audio tapes of an alleged rant by Gibson. However, a defense lawyer will likely seek to prevent the tapes from being used as evidence because of California's two-party consent law, which requires both parties to agree to be recorded in most private situations.

Continue reading "Mel Gibson could face domestic violence charges in Los Angeles" »

Three Los Angeles executives of a toy company face federal money laundering charges after authorities allege they laundered millions of dollars for Mexican and Colombian drug traffickers.

A Los Angeles federal defense lawyer will thoroughly review the evidence in this case and help the executives decide upon the best course of action. It is important for those facing federal charges in Los Angeles to consult an attorney experienced in defending clients in federal court, where the laws are very different from those in state court. In this case, officials from U.S. Immigration and Customs Enforcement said the arrests were made following a two-year investigation.

The federal government claims drug trafficking groups deposited more than $8 million into accounts controlled by the toy manufacturer over a four-year period, always in amounts less than $10,000 to avoid suspicion, according to the Associated Press.

Executives at the toy company are accused of wiring the money to China to purchase stuffed toy animals. The toys were then sent to Columbia to be sold. Money from those sales was then considered clean.

The circumstances of this case also illustrate the dangers executives face when charged with white-collar crime in Los Angeles. The government must prove that all three of these defendant's were involved in the alleged money-laundering operation. Additionally, a Los Angeles defense attorney experienced in handling federal criminal charges may well argue that the executives did nothing illegal. They took money for toys, purchased them in China and had them shipped to the buyer in South America.

How many businesses conduct through background checks on their customers?

Continue reading "Executives facing federal criminal charges need defense attorneys experienced in handling white collar crime" »

The arrest of the alleged serial killer dubbed the Grim Sleeper is making news this week after authorities took him into custody for a string of murders dating back to 1985, the L.A. Times reported.

Arrests involving DNA evidence in California are extremely complex cases and should always be handled by an experienced Los Angeles criminal defense lawyer. Murder charges are the most serious a defendant can face and the passage of time -- 25 years in this case -- can make such cases even more challenging.

This will be far from an open-and-shut case. In many cold cases, a significant amount of evidence has either been lost or compromised. Witnesses die, grow old or move away. Detectives retire. And DNA evidence itself is far from infallible. In fact, the biggest challenge in a case involving DNA is combating the likelihood that a jury will view it as proof positive of a defendant's guilt. A veteran defense lawyer must thoroughly investigate the case and build a solid defense out of the remaining facts and circumstances.

In this case, the defendant is believed to be involved in the deaths of 10 women dating back to 1985. The LAPD relied upon lab testing conducted by the U.S. Department of Justice to make the match. But the test results linked the killing to a young man recently arrested, who was not nearly old enough to be involved in killings dating back 25 years.

That's when authorities began targeting the man's father. After days of surveillance they gathered a napkin, fork and leftover food items after he ate at a local pizza parlor and used them to test for DNA.

Authorities believe the DNA matched evidence from some of the crime scenes and arrested and charged him with 10 counts of murder and one count of attempted murder.

While the media carries on as if it's a done deal, a L.A. defense attorney understands the real work has not yet begun. Convicting someone of a murder that happened last week is a complex and challenging process. Convicting someone of 10 murders dating back 25 years will prove all but impossible.

We suspect the District Attorney's office will be forced to deal in this case, either by agreeing to a reduced sentence in exchange for a confession, or by focusing on one or two of the crimes and seeking a conviction using the cases with the strongest available evidence.

The use of a relative's DNA to track a suspect is also a controversial practice. As the New York Times reported, only Colorado and California have laws allowing for so-called "familial search." The use of DNA from convicted criminals to track down relatives who may also have committed a crime is a policy that experts criticize as a threat to civil liberties.

This arrest is the first time the practice has been used to solve a homicide case in the United States. There is no case law in place to govern a judge's decision-making. Any court verdict will be ripe for appeal -- perhaps all the way to the U.S. Supreme Court. That alone, could prompt the District Attorney's Office to seek a plea bargain.

The killer was dubbed the Grim Sleeper because of a 14-year hiatus in the killings, which did not occur from 1988 until 2002. Such long breaks are extremely rare unless a defendant is in prison for another crime. There is no evidence in this case that the suspect was ever arrested -- in fact he apparently worked as a police mechanic before retiring.

There are more than 200 murders in L.A. each year -- or more than 5,000 over the 25-year period authorities allege the Grim Reaper killed 10 women and one man. An L.A. defense lawyer may well argue that these killings are unrelated and that no serial killer even exists.

Continue reading "Grim Sleeper case will test limits of DNA evidence in Los Angeles criminal cases" »