July 2011 Archives

July 28, 2011

FBI Raids Southern California, Nation in Arrests of Alleged Internet Hackers


Federal Bureau of Investigation agents recently raided homes throughout the country, including Southern California, in response to a large-scale cyber attack on the payment company PayPal, the Los Angeles Times reports.

Cyber crimes can be extremely difficult to prove because they involve networks of computers and online-based activity. Such cases require law enforcement officers to not only spot a crime, but then track back through closed and open networks where the criminal activity originated. Because of the complexity, an experienced Los Angeles Cyber Crimes Lawyer should be consulted immediately.
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This case dates to last fall when PayPal Inc., a web-based company that allows transfers of money between individuals and businesses, was attacked by a hacker group, rendering its website useless.

Members of a hacker group called Anonymous took credit for the attack, brought on because the company created a policy refusing to allow people to donate to the website WikiLeaks, run by Julian Assange, after it began releasing classified information to the public, including classified cables from the U.S. Department of State regarding foreign dignitaries.

The PayPal policy change was a big hit to WikiLeaks, which gets a lot of support from online-based donations. The hackers also allegedly attacked Visa, MasterCard and Amazon.com as part of "Operation Avenge Assange," the newspaper reports.

Considered political protest, federal authorities also consider it a crime. Law enforcement agencies tend to target hackers based on the amount of financial havoc wreaked or the potential risk to national security, the newspaper states. Alleged Anonymous members in Alabama, Arizona, California, Colorado, the District of Columbia, Florida, Massachusetts, Nevada, New Mexico and Ohio were arrested. They range in age from 20 to 42.

Some consider the recent raid the largest conducted by the FBI regarding cyber crimes related to political protest. Thirty two people, allegedly members of the hacking group Anonymous, were arrested in Turkey earlier this year.

While cyber crimes are relatively new to the criminal justice system, federal authorities have been more aggressive in their approach to these web-based crimes. As evidenced by this case, agents have been working since last fall after responding to the PayPal strike.

These cases are complex for law enforcement agents, but they are also complex for defense attorneys, so hiring a lawyer with experience in cyber crimes and the federal court system is important. A law firm that is able to consult with experts to prove the innocence of a defendant is crucial, too.

Lawmakers are beginning to catch up and penalties are increasing. Someone convicted of obtaining information through a computer for the purpose of being used "to the injury of the United States or to the advantage of any foreign nation" can face up to 10 years in prison, according to the U.S. Department of Justice.

According to the Internet Crime Complaint Center, there were more than 300,000 complaints of web-based crimes in 2010 and California led the nation in the percentage of perpetrators from the same state as the complainant, at 39.1 percent.

The number of complaints out of California was 13.7 percent, also tops in the nation, which shows that is a particularly large problem here. it also shows that law enforcement throughout California is on high alert and sometimes get the charges wrong. Trust an aggressive Los Angeles Cyber Crimes Defense Attorney to help protect your rights.

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July 26, 2011

Arrests of L.A. County Tagging Crew Members Highlights Need for Juvenile, Gang Defense


The Los Angeles Times recently reported about a crackdown on teens who were allegedly responsible for more than 1,600 pieces of graffiti vandalism throughout Los Angeles County.

Eight teens were arrested after search warrants were obtained for houses in several southwest Los Angeles County homes. Eight people, including one juvenile, were arrested and charged with being responsible for more than $100,000 in vandalism to schools, buses and rail systems, the Los Angeles County Sheriff's Department says.
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Our Los Angeles Criminal Defense Attorneys note that, while graffiti is often seen as a petty crime, authorities in this case have slapped the defendants with six figures in damage claims. Los Angeles Juvenile Crimes can cause long-term problems for our teenagers, if they aren't properly represented in court.

According to the newspaper, the case grew out of a task force formed in July to attack tagging vandalism on Metro and Los Angeles Unified School District property, the sheriff's department said. The tagging crew was formed about eight years ago, but deputies say they tracked the crew using a database that keeps track of graffiti throughout the county.

Tagging crews are generally considered gangs and can be a gateway to gang-related activity and violence.

In California, law enforcement and prosecutors are able to enhance penalties against those charged with gang-related crimes, if they are able to prove that an alleged crime occurred and that it was the result of a planned gang activity. These enhancements can add years to a possible prison sentence.

While gangs can apply to people of any age, juvenile crimes apply to those who are 17 years or younger. The intention of the juvenile justice system is to rehabilitate the defendant, not punish them for the crime they have committed.

But not all juveniles are put into the juvenile system. The state has the discretion to charge some juveniles as adults, depending on the severity of the crime and the defendant's criminal history.

An experienced and aggressive Los Angeles Criminal Defense Attorney can work to persuade a prosecutor that the juvenile deserves to be put into the juvenile system rather than the criminal system, depending on the circumstances. This is beneficial to the teenager because they face work camps and community service and other less-serious punishments rather than spending time in jail and prison with hardened criminals.

The penalties a juvenile faces not only include what the justice system imposes, but also can lead to long-term consequences. A criminal conviction can prevent students from graduating high school, keep them out of being qualified for scholarships or entry into college or the armed forces.

That's why aggressively fighting the charges is so important for juveniles, in order to make sure they can live productive lives. A diligent criminal defense attorney will challenge all aspects of a case, including the witnesses, reports and other evidence the state attempts to introduce at trial.

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July 18, 2011

Three Accused of $6 Million Federal Bank Fraud in Los Angeles


Three people recently pleaded not guilty to charges that they conned banks out of about $6 million by pledging properties they didn't own and faking paperwork to support the claims, according to the Los Angeles Daily News.

Federal charges in Los Angeles are among the most difficult to defend, not necessarily because of the facts, but because of the power of the federal government. But Los Angeles Federal Criminal Defense Attorneys regularly challenge cases in federal court on behalf of defendants who are wrongly accused. Everyone deserves a fair trial and a diligent defense that seeks to prove the client innocent.
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According to the news story, two brothers and another man were arrested and charged with conspiracy and multiple counts of wire fraud, identity theft and unlawful monetary transactions. These charges amount to a possible 115-year prison sentence, according to the report.

A federal indictment, which isn't any proof of a crime, alleges the men created fraudulent deeds of trust, corporate records and other documents that made it appear they held the title to and owned certain properties.

The indictment also alleges they fabricated documents to create the impression that other loans on the properties had been paid off and that there was sufficient equity in the properties to secure new loans.

Prosecutors allege the men put pressure on lenders to act quickly because funds were needed for less than a month so they could extend a pre-existing escrow and that the money would be returned. But the government contends that after victims wired money, it was sent to off-shore bank accounts.

While the allegations may seem like some to be a slam-dunk case for the government, it's not necessarily so. In order to prove these charges beyond a reasonable doubt, the government will no doubt try to convince one or two of the three accused to enter plea agreements in order to get their testimony.

In cases like this with multiple defendants, the prosecution spends a large amount of the time seeking testimony from people they have charged with a crime in order to secure convictions. Many times, if all defendants keep quiet and don't help prosecutors, they can't secure convictions.

The credibility of a witness whose testimony has been purchased through a plea deal must be attacked and shown to a jury as questionable. Further, the government must have all its ducks in a row regarding financial statements and other business records, which can be a complex process.

While these charges can no doubt be challenged, facing the federal government can be tough because agents have the ability to pick and choose which cases they want to tackle and put the full force of the government behind them. That's why hiring an experienced Los Angeles Criminal Defense Lawyer who has spent years fighting in the federal court system is important. Trust experience and knowledge of the system and an attorney who will fight to protect your rights and work to secure the best possible resolution in your case.

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July 18, 2011

Alleged Los Angeles Kidnapping Victim Connected to Former Lakers Star Shaquille O'Neal Criticized by LAPD


A Los Angeles Police Department memo recently obtained by the Los Angeles Times criticizes a man who says he was kidnapped, assaulted and robbed by members of the Main Street Crips gang after he claimed to have a sex tape of Shaquille O'Neal, the newspaper reports.

A Los Angeles Criminal Defense Lawyer is necessary for crimes of this magnitude because they involve serious time in the California Department of Corrections and Rehabilitation's many prisons. Every defendant has a right to have an advocate by their side in order to get legal help in situations like this.

Cases involving kidnapping in Los Angeles are especially important because they can involve a possible life sentence.
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According to California Penal Code 207, kidnapping is punishable by up to 8 years or 11 if the victim is under 14. If there is a ransom involved, according to California Penal Code 209, the person can be sent to prison for life.

In this case, a man says he was victimized after word got out that he had a sex tape of Shaquille O'Neal, the recently retired NBA center who played for the Lakers from 1996 to 2004. The Los Angeles Times reports that seven gang members face charges in Los Angeles County Superior Court in connection with the alleged crimes.

According to the memo, LAPD detectives question the kidnapping, saying the man appears to have a "personal vendetta" against gang members. The man worked as an informant for a federal task force that was targeting the gang around 2006, though the memo says he was an "undesirable informant."

The memo says the alleged victim lost credibility when he said the whole incident was orchestrated by O'Neal, who faces no charges in connection with the case. Detectives believe the man was trying to extort O'Neal.

A memo by police criticizing an alleged victim seems to be a good sign for the defendants and certainly a good sign for O'Neal. There are many times when people make up stories to try to get someone in trouble. An alleged victim's credibility often can be challenged and should be challenged as frequently and fervently as witnesses and the police.

There are different forms of kidnapping and various defenses that can be applied, depending on the facts of the case.

Kidnapping Defenses:

  • Insufficient Evidence
  • Mistaken Identity
  • Lack of Physical Evidence
  • Showing a person is legally entrusted with the custody of the kidnapped person
  • Proving parents separated without a legal decree, therefore one may take a child from the other without committing kidnapping

But some of these defenses require real work, by lawyers who must be committed to the case. This requires the resources, experience and aggressiveness to advocate for clients, regardless of the circumstances. Every client should be treated as innocent until proven guilty, which is what the law says.

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July 15, 2011

Peeper Arrested at Paris Hilton's Malibu Home; Another Los Angeles Stalking Case


A man was recently arrested for allegedly violating a restraining order that bars him from being within 200 yards of Paris Hilton or her home; stalking cases often lead to restraining orders in Los Angeles.

Los Angeles Criminal Defense Attorneys work with domestic violence victims and people who seek protection from stalkers all the time and are able to help secure a restraining order that can help protect them. Our experience has also led to our being hired by defendants wrongly accused of stalking. Celebrities court attention. When they get too much, sometimes they cry foul. Paris Hilton is only one of a number of Hollywood celebrities who have been dogged by stalkers recently.

  • Lindsay Lohan: A judge recently signed a restraining order against a man who has been stalking and harassing her.
  • Halle Berry: A man was caught after he was spotted lurking around her house.
  • Mark Zuckerberg: The Facebook founder recently got a restraining order against a man who he claims threatened his family.
1221952_to_sign_a_contract_3.jpg This can be a scary situation for the victims in these types of cases. In Hilton's case, she alleges that someone called authorities after a man was standing on a beach looking into Hilton's Malibu home. It was the same man accused of attacking Hilton's ex-boyfriend.

But you don't have to be a celebrity to be put in this type of position. Los Angeles Criminal Defense Lawyer Blog recently reported about a man who was arrested for setting up hidden cameras in the female bathroom of a Starbucks in Glendora.

And a Fullerton computer technician allegedly upped the ante when police say he set up spyware on female college students' laptops that produced an error message that told them to put their computer near steam to fix. Many brought their cameras into the shower with them, which allowed him to turn on their web cameras and record them naked, ABC News reported.

A restraining order in Los Angeles can be obtained quickly and hassle-free with an experienced Los Angeles Criminal Defense Attorney. You may be able to get an emergency protective order for five days if the situation is an emergency. A temporary order can be made permanent for 1 to 3 years. A no-contact order is issued in domestic violence cases and a civil harassment restraining order is used to stop neighbors or other harassment.

After an order has been signed, it affords protection immediately to the victim. They now have the law and the court on their side to fight the perpetrator in their life. If the defendant violates the order, they can be subjected to criminal charges that could require jail time. Defense is equally critical -- being subjected to such an order can prevent you from seeing your kids or even returning home.

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July 12, 2011

Los Angeles Text-Message Murder Suspect Arrested After Alleged Flight


The Los Angeles Times reports that a man suspected in participating in the 2009 slaying of a 19-year-old after an offensive text message was captured recently.

It is a tragic story, but one that may have legal problems for the state. In every Los Angeles murder case, the defendant is required to have an aggressive and diligent defense, just like any other case. But murder is different. It can lead to decades in prison, a life sentence or even the death penalty. For those reasons, murder requires an even more diligent defense to the charges and a Los Angeles Criminal Defense Lawyer with plenty of experience should be hired.
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In this case, frustration with his girlfriend led a 19-year-old to send an insulting text message about the girl she was with. The girl took offense and allegedly called her brother, telling him to beat up the teen.

The two met to fight, but when the fight started, a gun was used by one of the two men who showed up, killing the 19-year-old after he took a bullet to the head. After a year, the suspect was captured in Puerto Rico only to be released by a judge there on $50,000 bond, despite a no-bail arrest warrant issued in Los Angeles.

Recently, he was arrested in Van Nuys as he was attempting to turn himself in, authorities said. The Times reports that it's possible the suspect's brother, who was arrested with him on unrelated charges in Puerto Rico, may have assumed his identity to fly him into the mainland and back to Los Angeles.

During a recent court hearing, a judge dismissed a murder charge against the girl who made the phone call, but is allowing prosecutors to go forward on a charge of conspiracy to commit assault. The alleged driver of the car is believed to have fled the country and the girl's brother, who set up the fight, hasn't been charged because of a lack of evidence.

What's unclear is how police connected this most recent suspect with the homicide. With charges being dropped and suspects in other countries, it may be a tough case for the prosecution.

What some people may forget is that the state has a huge burden in a criminal case. They must prove the charges beyond a reasonable doubt. That requires them to show a jury there is no doubt another person committed the crime. And while people may be outraged when a person is found not guilty of a high-profile crime, it may very well not be that the person is innocent, but that they are not guilty. A person can commit a crime, but if the state doesn't have the evidence to prove it, the jury's job is to acquit.

This is why our criminal justice system is the best in the world. It provides a checks and balances system for the state and the police. Without it, people would be subject to prison without proof.

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July 9, 2011

Beverly Hills Salon Owner Sentenced in Credit Card Fraud Case


The owner of a swank Beverly Hills skin care studio to Hollywood stars was recently sentenced to probation, home confinement and community service for scamming customers out of thousands of dollars in fraudulent credit card charges, The Los Angeles Times reports.

Los Angeles fraud defense attorneys have years of experience representing people charged with fraud and other types of crimes typically heralded as being "white collar" crimes. This means crimes involving money and theft in Los Angeles rather than crimes of violence.
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In this case, the salon owner, 52, was accused of racking up about $68,000 in unauthorized charges on a credit card belonging to a high-end jewelry designer.

The designer told investigators that several other high-profile victims said unauthorized charges began popping up on their credit card statements after they made payments at the salon studio.

After an investigation by federal authorities, it was revealed that American Express found more than $214,000 in fraudulent charges made by the salon over a five-month period in 2009. Those were charges just to one actor on two credit cards.

Charged in federal court rather than state court, the salon owner was sentenced to five years of probation, including nine months of home confinement and 3,000 hours of community service.

According to 2009 statistics compiled by the FBI, there were more than 615,000 reported cases of larceny theft that year. While that can account for petty thefts, it also includes theft of money from cases such as credit card theft.

With the advent of the internet and the ability for people to scam credit cards through phishing machinery and other devices to steal credit card information, the crime has become more prevalent in our society.

And while companies lose money when it gets stolen, they also lose money in hidden costs and fees from trying to deal with the negative publicity and refunding customers. It's a big hassle and when money's involved, companies usually press police to better enforce the law.

Sometimes, innocent people are ensnared in the long arm of the law and need aggressive defense attorneys to have their backs. That's where we come in. Our firm handles all areas of criminal defense in Los Angeles and Southern California.

We will diligently look over all aspects of your case, study the police reports and statements, challenge search warrants and what evidence the state or government believes it has against our clients. Because being thrown into the criminal justice system requires an advocate who has been there for countless other citizens charged with a crime.

These crimes are sophisticated and must be defended by a law firm that has handled these types of cases before. If you or a loved one is charged with a white collar crime, not only your freedom, but your finances could be on the line because prosecutors often try to get restitution or forfeiture of assets in financial crimes. So, fight every aspect of the case.

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July 5, 2011

Teen Charged in Gang-Related Venice Park Murder


A 19-year-old has been arrested in charged with capital murder in the shooting deaths of two young men at a park recently, NBC News reports.

Los Angeles Criminal Defense Lawyers have seen the way that gun violence and gang activity can result in a young person spending decades behind bars. And we believe that providing an aggressive defense to charges of gang violence and murder in Los Angeles is important to making sure these young men get a fair trial.
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In the recent case, the 19-year-old is accused of gunning down an 18-year-old and a 21-year-old who were watching a softball game. Police said the suspect is a documented gang member but they're not sure, or won't say, what the motive may have been for the shooting.

The teen faces two counts of murder, three counts of attempted murder and one count each of street terrorism and possession of a firearm by a convicted felon. Under California law, charges can be enhanced and additional penalties levied if a person is convicted and the state proves it was based on a gang agenda.

California Penal Code 187 defines murder in California, which is punishable by decades in prison up to life, and possibly the death penalty.

Police, prosecutors and judges take seriously not only murder charges, but also allegations of gang-related violence, which has plagued Los Angeles for decades. Therefore, they will look for steep penalties and less-than-favorable plea offers in cases like this.

According to FBI statistics from 2009, there were 121,369 arrests that year for what the agency deems "violent" crimes. More than 10 percent of those crimes were committed by teenagers younger than 18. And that same year, there were 1,972 murders, tops in the country. Texas was second with 1,325. That was actually a drop from 2008, when there were 2,142 murders in California.

The FBI, in 2009, labeled 180 of the killings related to gangs and 715 of the killings juvenile gang related nationwide. That is based on the 13,636 murder victims across the country.

But every case is different and despite the allegations, the state must prove the charges beyond a reasonable doubt. An arrest isn't proof of guilt, but only of law enforcement's detectives' beliefs of who may have committed the crime.

An aggressive Los Angeles Criminal Defense Attorney will look at all aspects of the case, including eye witness accounts, ballistics evidence, DNA evidence if a weapon is recovered and even a statement by the suspect. All of these can be challenged and not just by what they reveal, but also how police handled the investigation.

Police, like many other professions, must follow rules and procedures set by their departments and court rulings. Therefore, not following the rules can lead to evidence being tossed out of a case, even one as serious as this. A dedicated lawyer will study the entire case and file motions on behalf of the defendant, taking the time to fully prepare a defense strategy.

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