January 2011 Archives

January 29, 2011

Fraud case upheld on appeal in Los Angeles, sentence delayed nearly 5 years


A former public relations and newspaper executive has lost his appeal of fraud charges in Los Angeles and must begin serving his 3 1/2 year prison sentence, the Los Angeles Times reported.

Frequently, a Los Angeles criminal appeals attorney can be successful where an initial trial attorney cannot. Sometimes, a judge's or courts close ties to the community limits his or her ability to issue tough but fair rulings that favor the defense. In other cases, the issues are simply too complex and must be handled by a higher court. Often, one of a criminal defense attorney's chief jobs is to preserve issues for appeal.
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Of course appeals don't always succeed. But possible outcomes may include a return to the lower court for a new ruling or trial, or a decision overturning all or part of the verdict. And, as this case illustrates, a defendant may be permitted to remain free pending an appeal, thereby delaying the imposition of any potential sentence for years.

In this case, the defendant was convicted of overbilling the Los Angeles Department of Water and Power from 2000 to 2003. His PR firm overcharged the city $50,000 a month, according to his 2006 trial. In 2004, the firm paid $6 million to the city to settle the allegations.

He had been free on appeal and the U.S. 9th Circuit Court of Appeals ruled in 2007 that substantial questions of law and fact could result in a reversal of the original convictions, a new trial, or a punishment short of prison time.

Ultimately, the convictions were upheld in a ruling issued last month. The defendant has now asked the appeals court to reconsider, which could further delay any potential prison sentence.

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January 28, 2011

Teen faces weapon's charges as adult after school incident in Los Angeles


The weapons charges in Los Angeles filed recently against a teenager in connection with an arrest at school highlights the importance of seeking experienced legal representation in the wake of such allegations.

CNN reported authorities will seek to charge a 17-year-old boy as an adult after a gun he allegedly brought to school in his backpack apparently discharged accidentally, wounding two students.
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A single bullet struck two students, one in the temple and the other in the neck. He has been charged with possession a firearm in a school zone and discharging a firearm in a school, according to the Los Angeles County District Attorney's Office. Both charges are felonies.

A Los Angeles criminal defense lawyer should always be called to handle criminal charges against minors. Unfortunately, parents too often think such charges will magically disappear in adulthood. That is typically not the case; convictions for serious crimes as a juvenile may even count as a strike in adulthood.

And, especially given today's zero-tolerance policy, teenagers often face very serious charges for minor infractions on school grounds. In this case, as in any case where a gun is alleged in the commission of a crime on school property, the teen faces the very real threat of being expelled as well as facing significant jail time.

Particularly in cases where juveniles are charged as an adult, an experienced and aggressive defense must be mounted. If he is convicted as an adult, he faces up to seven years in prison. If tried and convicted as a juvenile, the maximum penalty would be nine months in a juvenile camp.

The girl wounded in the head is reportedly in critical condition. The boy wounded in the neck has been treated and released.

Two other students have reportedly been arrested in connection with the case, though no information about possible charges has been forthcoming from the prosecutor's office.

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January 18, 2011

Gang extortion charges filed in alleged shakedown of Los Angeles food vendors


Two alleged gang members pleaded not guilty last week to extorting money from food-truck vendors, the L.A. Times reported.

Gang charges in Los Angeles always require an experienced L.A. criminal defense attorney. Gang enhancements can result in stiffer penalties for conviction. And being associated with a gang, even once, can result in legal problems for years to come. In many cases, prosecutors will attempt to push a gang connection where none exist -- associating with the wrong person or wearing the wrong colors can result in being tagged with an unwarranted gang affiliation.

In this case, two defendants are being accused of demanding $50 a week in rent from vendors in the area patrolled by the LAPD's 77th Street Station. Those who refused, were allegedly threatened. In one case, a large rock was thrown through the front window of a truck, according to the Los Angeles county district attorney's office.

Historically, gang members have been accused of extorting money from vendors, taxi drivers, drug dealers and prostitutes. Authorities also report that higher level gang members are protected by low-level members who collect the money.

The San Francisco Chronicle reported the two defendants, ages 19 and 24, pleaded not guilty to six counts of attempted extortion and one count each of vandalism. Bail in both cases was set at more than $250,000.

The Contra Costa Times reports the 19-year-old is also charged with two counts of criminal threats for allegedly using a handgun. Both defendants have previous criminal convictions, including robbery, vehicle theft and receiving stolen property.

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January 17, 2011

Canadians facing drug charges in Los Angeles after authorities seize 100 pounds of cocaine


Two Canadians are facing charges of drug smuggling in Los Angeles after being accused of attempting to smuggle more than 100 pounds of cocaine to Canada in boxes of romaine lettuce, according to KTLA News.

Investigators also found more than $2.5 million in cash inside a warehouse safe. The defendants, ages 19 and 32, are from Toronto. They are expected to be arraigned in Los Angeles County District Court on possession of cocaine charges. Given the amount of money, and the weight, more serious charges are likely. A Los Angeles criminal defense attorney experienced in handling large-scale drug smuggling cases will need to review the charges and build a proper defense. Among the issues a defense attorney will consider is whether the search of the warehouse was legitimate or whether law enforcement lacked probable cause and a search warrant.
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The two defendants were at the warehouse when officers moved in. A defense attorney will also look at their role in the alleged drug-smuggling operation. They may have been legitimate warehouse employees with no knowledge of drug activity.

Besides the safe, officers found dozens of boxes of romaine lettuce inside the building. Agents contend the cocaine was ultimately destined for Canada by truck. The drugs have a street value of more than $2 million.

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January 14, 2011

CHP officer charged with murder in Los Angeles for domestic incident two years ago


A California Highway Patrol officer has been charged with murder in Los Angeles for fatally shooting her husband two years ago in what she claimed was an act of self defense, the L.A. Times reported.

Tomiekia Johnson, 31, of Compton, was arrested by deputies from the Los Angeles Sheriff's Office. She initially told detectives she shot her husband during an argument in which he became verbally and physically abusive. Prosecutors now allege she intentionally shot him. The two-year delay in bringing charges would suggest this case is anything but cut-and-dried. Hiring experienced and aggressive legal representation is Johnson's best bets for protecting her rights.

The Mercury News reports Johnson is being held on $2 million bail.

While charges do not get more serious than murder, it is equally important for law enforcement officers or members of the military to consult with an experienced Los Angeles defense lawyer when facing less serious charges, including DUI, domestic violence and weapons violations. Such charges may prevent an officer from carrying a gun and may even prevent a member of law enforcement or the military from continuing to work in his or her chosen profession.

The shooting occurred near midnight on a Saturday night in Compton. Johnson reportedly left the scene and reported the killing from her parent's home. She was off-duty at the time of the shooting and was not arrested. Homicide detectives reportedly gathered evidence that the victim was a peaceful man, while Johnson had a history of heavy drinking.

The Times reports that Johnson has been working in an administrative position with the patrol since the shooting occurred and was placed on unpaid administrative leave following her arrest.

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January 13, 2011

Talent companies facing charges of theft and fraud in Los Angeles


The operators of two talent service companies are facing fraud charges in Los Angeles after authorities allege the companies violated the state's talent scam prevention law, according to the L.A. Times.

The allegations have been levied against the operator of Hollywood Stars Management and VIP Talent Web, as well as the operator of ActorsOnSet.com. It is the latest move to crackdown on talent management and services companies. Each face more than a dozen charges, including charging advanced fees to actors, not posting a $50,000 bond, and failure to provide artists with written contracts and the required disclosures. Other charges include grand theft and false advertising. The case resulted from complaints filed by actors. In all, more than two dozen complaints were filed.
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A Los Angeles criminal defense attorney should always handle allegations of fraud or other white-collar criminal allegations. If convicted, the defendants face 7 to 13.5 years in prison and more than $150,000 in fines. They are scheduled to be arraigned later this month in Los Angeles County Superior Court.

One of the operators called the charges "baseless" and said his fees and practices are legal, according to The Times.

The companies are the first to be charged under the Krekorian Talent Scam Prevention Acto of 2009, which prohibits agents, managers and other talent representatives from charging actors fees other than commissions.

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January 8, 2011

Obstruction of Justice charges in Los Angeles require aggressive defense


The husband of a woman convicted of corporate fraud in Ohio has been arrested in Los Angeles for allegedly aiding his fugitive wife, who was hiding in Mexico to avoid decades behind bars.

The Columbus Dispatch reports that Gary Green, 50, appeared in a federal courtroom in Los Angeles this week. He is accused of lying to investigators about contacts with his wife while she was hiding in Mexico.

Obstruction of justice charges in Los Angeles require the representation of an aggressive and experienced defense attorney. In many cases, authorities will threaten to file or file such charges in an effort to get a defendant to cooperate. In most cases, a defendant is under no obligation to cooperate. Spouses are often afforded additional protections. Consequently, such charges are often very defensible but can lead to serious legal consequences for those who do not assert their rights.
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Green is accused of providing clothing and $10,000 in cash to his wife in 2008, and of making similar drops in 2008 and 2009. She was on the run for 31 months after being convicted of fraud, conspiracy and money laundering. She was arrested October 26 and has been returned to the United States. Green was her sixth husband and the couple lived together in Arizona.

Bloomberg News reports Rebecca Parrett was convicted in a $1.9 billion corporate fraud case involving National Century Financial Services, according to Bloomberg. She had been ordered to begin serving a 25-year prison sentence for her role in a health-care financing fraud scheme at the now defunct company.

Green faces up to 5 years in prison if convicted.

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January 7, 2011

Meth lab in Sylmar leads to Los Angeles drug charges


A meth lab in Los Angeles has led to drug charges against a Southern California man after police raided a location in Sylmar, the L.A. Times reported.

SWAT reportedly evacuated part of the property and one suspect is in custody on narcotics and weapons charges, according to the LAPD's gang and narcotics division. A Los Angeles drug crimes defense lawyer will take a careful look at the probable cause for the search warrant in this case and the legality of the search and seizure. When a search is improperly executed, the resulting evidence can be excluded from trial by a judge, which typically leads to a reduction or dismissal of the charges.
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The raid on the home in the 13700 block of Polk Street resulted from a tip received by narcotics detectives in the LAPD's Foothill Division. Nine people were found at the house. Any of those who are criminally charged should also speak to an experienced criminal defense attorney as soon as possible. Wrong place, wrong time is a legitimate defense and failure to protect your rights can result in a conviction on drug or gang charges.

Police report seizing a rifle, a silencer and a stolen car and were continuing the search of the property on Friday morning. Officials believe about 85 percent of meth in the United States comes from large labs operated in California and Mexico.

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