Miami Criminal Defense Lawyer Blog

South Florida is once again in the headlines as major players in a Medicare fraud scheme received lengthy federal prison sentences. Luis Alejandro Sanz and his wife entered pleas for their involvement in what the government alleged was a $45 million Medicare fraud scheme. The indictment alleged that the defendants through Ideal Home Health, billed Medicare $45 million for nursing services provided to homebound diabetes patients. Of the $45 million billed, Medicare returned $30 million in taxpayer money. The Sanzes appeared with their Miami criminal attorneys at their sentencing hearing. Luis Sanz received a ten year prison sentence, while his wife Elizabeth received a nine year prison sentence.

The government alleged that Luis after being released from prison on cocaine trafficking charges, began his new criminal enterprise of Medicare fraud. Luis put the business in his wife's name to conceal the fact that he had a prior felony record and state prison sentence. The business operated between 2006 and 2009. Once uncovered, the federal government's investigation revealed one of the largest cases of Medicare fraud in the country's history. The investigation has led to 25 fraud convictions with more indictments expected. The judge when handing down the sentence, said the couple made a mockery of the federal healthcare system.

The government alleged at the sentencing hearing that the defendants purchased a $1.3 million home with the ill-gotten gains and that kickbacks were paid to both patients and recruiters to facilitate the fraud. The government also mentioned that Medicare should not be blamed for the oversight as the defendants made the illegal business appear to be legitimate. As soon as Luis finished his five year prison sentence for cocaine trafficking and money laundering, he contrived the fraud and put his wife in charge of the company to avoid detection of his criminal record. The indictment alleged that Elizabeth ran the business and accused her of forging doctor's signatures, altering medical records and filing false claims.

According to the prosecutor handling the case, many drug traffickers engaged in Medicare fraud once they had completed their prison sentences. A defendant previously convicted of drug trafficking opened mental health clinics in Cutler Bay and in the Kendall area. Upon discovering that the feds were investigating him, he moved his operation to North Carolina. He has since been arrested with eight co-conspirators for billing $63 million dollars in fraudulent claims to the federal government. Another alleged drug dealer opened 11 medical equipment companies using Cuban migrants as straw owners, eventually billing Medicare $48 million. He is currently serving a 20 year sentence.

To prevent ongoing fraud, Medicare has implemented a more proactive approach with the assistance of $350 million dollar grant to develop a more strict screening process along with software used to detect fraudulent Medicare claims. Medicare is also demanding that providers who have a historic risk of fraud, like medical equipment suppliers and home healthcare suppliers, undergo extensive screening, including FBI background checks and fingerprinting. The changes in better being able to detect fraud come as a result of the massive fraud that has occurred in Miami and Florida as a whole.

Medicare Fraudsters Sentenced to Prison after $45 Million Scheme, CBSLocal.com, September 15, 2012.

Immigration and Customs Enforcement (ICE) conducted another sweep in the State of Florida netting 36 aliens with criminal convictions or egregious immigration law violations. The operation lasted five days and occurred in and around the Gulf Coast area. The last operation that netted dozens of immigrants occurred in Miami and the South Florida region. All those arrested were deemed by ICE to be immigration fugitives or immigration violators. The sweeps conducted by ICE are becoming more frequent and are focusing on different areas of Florida and around the United States. Once a person has been arrested by ICE, few options remain for those in custody. Anyone having a friend or family member in immigration custody should contact both an immigration and criminal lawyer to determine if the person being held in custody can take legal action to avoid deportation.

In the latest operation, immigrants were taken into custody for criminal convictions for multiple offenses including: aggravated assault, burglary, battery on a law enforcement officer, identity theft, cocaine possession, simple battery, fraud, forgery, driving under the influence (DUI), and domestic violence related charges. Five of the 36 taken into custody had been previously ordered to leave the country, but failed to leave as directed by ICE authorities. Six of those taken into custody had already been deported and illegally re-entered the country. Of the 36 individuals arrested, three were women. Those taken into to custody came from countries such as Cuba, Honduras, Guatemala, Mexico, Vietnam, Thailand, Iran, and the Czech Republic.

Anyone taken into to custody for a prior criminal record, should immediately consult with both an immigration and criminal attorney. Immigration lawyers are useful in presenting a case in front of an immigration judge in federal court. However, the a person's release from custody cannot be generally secured until a criminal defense lawyer successfully files and wins and motion to vacate a criminal record and then secures a dismissal of the charges. Motions to vacate have been increasingly difficult to win as the appellate courts have seriously eroded the laws allowing for the filing of a successful motion for post-conviction relief.

However, experienced criminal lawyers are often able to successfully file and win these motions with supporting mitigation packets. The mitigation packets submitted to prosecutors must contain tax returns, marriage and birth certificates of the spouse and children born of the marriage, and supporting letters from employers, friends and family. Despite the disintegration of the laws allowing for post-conviction relief, equity can play a large part in successfully obtaining the release of a friend or loved one from immigration custody.

ICE has given no indication that they intend to let up on the immigrations sweeps they conduct at random times and locations. An official from ICE was quoted as saying, "These arrests of convicted criminal and repeat immigration offenders demonstrate ICE's ongoing commitment to public safety." Anyone who is an immigrant and has a prior criminal record should consult with an attorney because inevitably, the federal authorities will come knocking. Repairing a criminal record is much easier when a person is out of custody with no pending immigration charges, as favorably resolving these cases sometimes takes months, sometimes even exceeding a year.

Immigration and Customs Enforcement Arrests 36 Fugitives, Criminal Aliens in Gulf Coast Operation, WCTC.TV.com, September 18, 2012.

A veteran police officer was arrested and appeared at his bond hearing last week. George Navarro, Jr. surrendered last week and is facing charges of racketeering, fraud and official misconduct. His initial bond was set at $150,000. The Miami criminal lawyer representing Navarro filed a motion for bond reduction which was granted in part by the judge. After hearing argument from the prosecutor and defense attorney, the judge presiding over the bond hearing reduced the amount to $88,000. Navarro's lawyer argued that he had been an exemplary and extraordinary police officer and that his professional record merited the reduction. Before posting the bond, Navarro was required to surrender his passport and any other travel documents that he had in his possession.

Each county in the State of Florida has standard bonds for certain offense. Bonds in Miami-Dade County range from $500 to $500,000 depending on the charges making up the arrest. The largest bond requirements are generally found in drug trafficking and large-scale fraud cases. Not only are bonds extraordinarily high in those cases, but almost always are accompanied by what is known as a "Nebbia" requirement. Simply put, a defendant with assistance of his defense lawyer, must prove to the prosecutor and the judge that the money for the bond, both the premium and the collateral, do not come from illegal proceeds. Once the bond has been posted and the "Nebbia" requirement has been satisfied, a defendant will be released from custody pending the conclusion of the case.

The arrest warrant alleges that Navarro was involved with several other individuals in a fraud scheme involving the buying and leasing of automobiles. He is specifically accused of providing false information on his credit application to buy a car at Lexis of North Miami. He is accused of defaulting on the loan and falsely reporting that he was a victim of grand theft of a motor vehicle. He is also accused of being a member of a ring of individuals that purchase or lease cars, report them stolen, and then sell the cars in whole or in parts. Pending the investigation, Navarro remained on duty, but at the time of the arrest he was relieved of duty, but still receiving pay.

The defendant is the son of former Miami Beach Police Chief George Navarro, Sr. Sr. was the lead homicide detective in the infamous Gianni Versace murder case. He also investigated the suicide of the alleged murderer, Andrew Cunanan. He is currently employed by Miami Beach as the city's emergency manager. The current Miami Beach police chief said that it is the job of his department to weed out corruption. While the police chief's words are an encouraging sign, the department has a long way to go before correcting its problems.

Miami Beach Officer Arrested on Racketeering Charges Bonds Out of Jail, CBSlocal.com, September 6, 2012.

Several former NFL and college football players have been charged in federal court with crimes such as tax fraud and aggravated identity theft. Former University of Miami, New York Giant's and Oakland Raider's defensive tackle, William Joseph, pled guilty last Friday to tax related fraud and identity theft charges. Another former NFL player, Michael Bennett, and Louis Gachelin, former Miami Jackson High School and Syracuse University player, were also charged along with Joseph. All three defendants were accused of cashing a large number of fraudulently obtained tax refund checks. One of the defendants is also accused of trying to obtain a loan with falsified collateral. All three defendants entered guilty pleas with the assistance of their Miami criminal lawyers.

Joseph entered a guilty plea to theft of government money and aggravated identity theft. Joseph's sentencing hearing is scheduled for November 9, 2012. Joseph is facing a minimum two year prison sentence for the charge of aggravated identity theft. The judge imposing the penalties may sentence Joseph to consecutive time. The charge of theft will carry a sentence largely dependent on the amount of loss suffered by the federal government. Pursuant to federal statutes, the 2 year sentence can be stacked or run consecutively to the sentence imposed for the theft. Bennett, a former first round draft pick, entered a guilty plea to the charge of wire fraud. Gachelin plead guilty to the same offenses as Joseph and is looking at roughly the same sentence.

Back in May, the former football players were charged along with five other individuals with cashing $500,000 in stolen tax return checks. The defendants, either in whole or in part, forged the signatures of the individuals who actually had the right to the checks. Bennett tried to obtain a $200,000 loan using a fake bank statement showing that he had $9 million in collateral. The FBI got wind of the scheme to defraud and set up a check cashing store in an effort to catch these individuals. The sting operation led to the arrest of everyone involved. In a side note, the FBI was charging 35-40% for each check that was cashed.

Federal authorities claim that the number of identity theft related crimes are escalating in Florida and across the United States. The United States Attorney for the Southern District of Florida claims that identity theft is "America's fastest growing crime." Thousands of victims have been reported in the Miami and Tampa areas. According to the feds, the problem is being created as a result of electronic filing. The Internal Revenue Service is sending out checks prior to checking the W-2 income forms which do not arrive in their offices until after the tax filing season ends. By the time the IRS discovers the fraud, the checks have already been sent out and deposited or cashed. The number of identity theft and fraud related incidents amounted to 248,000 in 2010. According to the Department of the Treasury, 940,000 fraudulent tax returns amounting to $6.5 million have been filed.

NFL Veteran Who Played at UM Pleads Guilty to Tax-Related Fraud Charges in Miami, Palm Beach Post.com, August 31, 2012.

A former mayoral candidate was arrested in Rock Hill, South Carolina based on an arrest warrant that accused him of the crimes of armed sexual battery, burglary and robbery. Baxter Tisdale is currently in custody in South Carolina awaiting extradition to Miami, Florida to face the charges. Once Tisdale arrives in Miami, his case will be set for an arraignment before a circuit court judge. He will either be represented by a privately retained Miami criminal lawyer or an attorney from the Miami-Dade County Public Defender's Office. Tisdale waived extradition which will speed up his return to South Florida to face criminal charges.

When a defendant is arrested outside of the jurisdiction charging him or her with a crime, the extradition process must be complied with prior to the defendant being returned to the jurisdiction. A defendant can either waive or contest extradition. Waiving the process will allow for a more speedy return to the place from where the allegation occured. If a defendant does not agree to waive extradition, the prosecuting body must present the warrant to the jurisdiction holding the defendant and must be able to establish that the person in custody is the correct person sought in the warrant for committing an offense.

Tisdale is facing life in prison for the incident which occurred in the early morning hours on February 18, 1986. Court documents reflect that the defendant committing a burglary by entering the victim's residence without permission with the intent to commit a sexual battery. The defendant allegedly entered the victim's bedroom where she was sleeping with her seven month-old son. He is alleged to have placed a knife to her throat and raped her. Tisdale purportedly pushed her onto her bed, placed a pillow over her face and assaulted her sexually for approximately two minutes.

After the assault, the victim was treated at Jackson Memorial Hospital Rape Treatment Center in Miami, Florida. As is typical in most rape cases, hospital staff completed a rape treatment kit on the victim. As part of the process, DNA was collected which was later found to match that belonging to Tisdale. Defendants in most cases are required to provide a DNA swab upon being found guilty by a jury or entering a plea to certain offenses, typically felonies. The arrest warrant does not mention how the defendant DNA became part of the data base, but it is believed that he provided his DNA in another unrelated criminal matter. While the victim could not identify her attacker in a line-up, she did recall seeing him around the neighborhood. Even without a positive identification, the prosecuting authority will still have a solid case against the defendant based on the DNA evidence. Tisdale left Miami in 1986 and moved to Rock Hill where he has a criminal history for theft, petit larceny and driving with a suspended license. It is not clear whether he DNA became part of the data base as a result of those criminal offenses.

Police: Rape Victim Feared for Her Life with Knife to Throat, HeraldOnline.com, August 17, 2012.

Former Dolphin receiver Chad Johnson was arrested on domestic violence charges Saturday and then soon thereafter lost his job. According to police reports, Johnson allegedly head-butted his wife during a heated argument. Apparently, Evelyn Lozada, Johnson's new wife, found a receipt for condoms in the trunk of the car. The argument escalated to the point that the defendant purportedly resorted to physical violence. After the encounter, the alleged victim ran to a neighbors house where she called 911. Police arrived at the scene and discovered that the victim had a laceration on her forehead. The police found Johnson driving around the neighborhood when he was stopped and arrested for misdemeanor battery, a common charge in domestic violence cases. This not the first arrest in recent times for Miami Dolphin players accused of domestic violence.

Johnson was taken to jail and appeared at a bond hearing the following day. The bail was set at $2,500 and the judge issued a non-contact or stay-away order. Johnson, like other defendants arrested for domestic violence could not post bail immediately which is uncommon for most criminal charges. In domestic violence cases, defendants are required to appear before a bond hearing judge prior to their release from custody. There are two reasons for the delay in domestic violence cases. First, the delay allows for a cooling off period. More importantly, the judge has to issue the stay away order thereby causing a defendant to have to wait until the next available bond hearing to see a judge prior to release. The criminal lawyer representing appeared at the jail upon Johnson's release and ferreted him off to an unknown location.

A first time arrest for domestic violence is not normally a catastrophic event for a defendant with a clean arrest record. Of course that depends on the severity of the domestic violence and the charge(s) levied by the state attorneys's office. Typical charges for domestic violence include misdemeanor battery, misdemeanor assault, aggravated assault, felony battery or aggravated battery. Depending on the actions of the defendant and the injuries sustained by an alleged victim will often dictate what charges will be filed by the prosecution. The disposition of the case will be determined by the level of the offense charged, the victim's injuries and most importantly the victim's position as to how the case is to be resolved.

First time offenders of the domestic violence laws represented by a qualified criminal attorney can usually receive the benefit of a pre-trial diversion or pre-trial intervention program. If a defendant enters and successfully completes the program, the prosecution will nolle pros or dismiss the charges at a future date. Johnson will most likely not be eligible for the program as he has a previous domestic violence arrest back in his junior college days. He was placed on probation and ordered to take anger management classes. As long as the victim cooperates in the case, Johnson will most likely be looking at probation with more classes. Defendants who are eligible for the program are required to complete the a domestic violence program consisting of 26 to 28 classes which generally takes 6 to 12 months to complete. Of course defendants do not have to accept the program of probation and can opt to go to trial. Defendant who prefer this course of action mst retain counsel that is experienced in a criminal trial setting.

Ex-Dolphin Chad Johnson Posts Bail on Domestic Charge, Miami Herald.com, August 12, 2012.

With mortgage fraud and Medicare fraud reportedly under control, the federal government once again has its hands full. The new fraud on the street involves identity theft and refund checks being stolen from the Internal Revenue Service (IRS). According to reports, the IRS has already lost an estimated $5 billion to individuals committing identity theft with expectations that another $21 billion may be lost over the next 5 years. While losses in no way compare to losses accrued through mortgage and Medicare fraud, the federal government is concerned. As the IRS begins to uncover the frauds that have occurred, the number of indictments involving stolen tax returns and identity theft will escalate. Criminal defense lawyers in Miami will be representing more and more clients involved with these offenses as the federal government figures out how to detect them.

The IRS is having difficulty detecting fraudulent tax refunds. According to the IRS, they discovered approximately 940,000 fraudulent returns last year preventing losses exceeding $6.5 billion. However, the IRS also reported that there could be as many as another 1.5 million fraudulent returns that went undetected. The IRS explained that the reason the fraudulent returns went undetected is because individuals are filing refunds on the behalf of deceased individuals, children and others who would not file a tax return. The IRS have specific examples of tax fraud and identity theft that they have found particularly disconcerting. For example, the IRS found that one address in Michigan was used to file 2,137 returns which in turn yielded $3.3 million in refunded money. As ususal, Florida made the list. Three addresses in Florida filed in excess of 500 returns which caused the IRS to return $1 million to each locaion.

The IRS claimed that they have difficulty in verifying returns because they attempt to process and return funds as quickly as possible. Individuals can file returns before employers and financial institutions have to submit withholding and income documents by the end of March. In sum, the IRS is offering refunds before they can verify whether the returns are being filed truthfully. The IRS made a point of saying that at present they are able to detect the majority of the identity theft tax fraud, but they are concerned of the exponential growth of the problem. The agency is actively pursuing those who commit fraud with increased assets and man-hours. The IRS along with inspector general has asked Congress to give them access to other resources that will help them more effectively fight the fraud.

In an effort to fight identity theft and tax fraud, the IRS has already begun to implement new measures. They have implemented screening filters which will not allow for refunds to be returned until a person's identity can be verified by the agency. According to the IRS, the new system has prevented $1.5 million in fraudulent returns. Another safeguard is a program that identifies social security numbers of deceased individuals. Senator Bill Nelson has approved a bill that will provide increased protections for social security numbers. Persons previously affected by identity theft will be given a special identification number to deter repeat offenses. Another billed passed by the House of Representatives is seeking to enhance the criminal penalties for identity theft and tax fraud.

IRS May Have Lost Billions to Identity Theft, Huffington Post.com, August 2, 2012.

Numerous members of the same family have been arrested and charged in federal court for trafficking in marijuana. A father and four sons have been indicted for owning and operating 20 hydroponic grow houses in the Miami area since 2004. Although all of the defendants were indicted, one of the sons remains at large and is listed as a fugitive. All of the defendants who are in custody were ordered into pre-trial detention by the magistrate presiding over the case. The defendants are either being represented by a privately retained criminal lawyers in Miami, Florida or defense attorneys appointed by the court. According to court documents, the grow houses reaped in millions of dollars of profits during their operation.

According to the prosecutor handling the case, the defendants harvested the hydroponic marijuana, then transported it to New York where is was sold for approximately $9,000 a pound. The investigation was upgraded to more than a routine narcotics case when information came to light that a couple of homicides were linked to the marijuana trafficking case. The main homicide case was related to a drug rip-off that occurred in 2009. Several armed men arrived at one of the grow houses claiming to be police officers. During the armed home invasion robbery, the gunmen charged into the home and stole approximately 40 pounds of the marijuana. The home owners reviewed surveillance tapes from the home security system and were able to recognize one of the home invaders.

One of the four sons allegedly hatched a conspiracy to kidnap and kill the identified home invader. The identified man was driving his white van in the vicinity of Southwest 127th Avenue and 187th Street when he was carjacked. He was forced to the rear of the van shot several times and dumped on the side of the road. The van was then stripped and burned leaving no evidence behind to assist in solving the crime. Detectives are also investigating a murder in West Kendall that is linked to the marijuana trafficking operation. That victim is believed to been suspected of stealing pot plants from one of the grow houses. Another the reason the case became so high-profile is because a Miami-Dade police officer was accused of being involved in the drug trafficking ring. That officer has been suspended with pay since 2009 pending the completion of the investigation.

Narcotics detectives claim to have come very close in the past to catching the defendants red-handed , but came up empty. By not catching the defendants actually operating the marijuana grow houses, they are relying on informants and cooperating witnesses to prove the case. While the facts alleged by the prosecution seem to imply that they have a strong case, there is no direct physical evidence that will link the father and his sons to the trafficking case or the murder for that matter. The prosecution is rather relying on circumstantial evidence provided in the form of testimony from paid informants and defendants seeking sentencing reductions based on their cooperation in the case. The defense attorneys representing the family members will undoubtedly rely very heavily on cross-examination techniques to seek acquittals on behalf of their clients.

Murder Undid Family's Hydroponic Marijuana Operation, Authorities Say, Channel 6 News Online.com, August 1, 2012.

Last week, a veteran bailiff of the Miami-Dade County Circuit Court was arrested for her alleged involvement in accepting cash payments from defendants and passing the proceeds on to a local criminal lawyer who represented the same defendants. The bailiff is one of the best known and well-liked of the court staff that supports the Metro-Justice Building. According to investigators, they were able to obtain audio and video surveillance of the bailiff accepting cash payments from a defendant charged with several traffic infractions. According to court documents including the arrest affidavit and warrant, the cash was then passed onto a local criminal attorney.

The bailiff, a county employee, has been charged with three felonies including uttering a forged instrument, official misconduct, and receiving illegal compensation. She is also charged with a misdemeanor, more specifically, for violating the county's ethics code. The code does not permit county employees from recommending the services of any particular lawyer. The criminal attorney involved in the allegations has not been charged in the matter. Miami-Dade County State Attorney Katherine Fernandez-Rundle was quoted as saying, "For the courts, and all of us that work in the judicial system, it's very sad. The system depends on the confidence in the employees, and when you see a video like that, it certainly undermines that confidence."

The bailiff, although charged, remains innocent until proven guilty at trial or voluntarily enters a plea. Another option for her may be the pre-trial intervention program. The program is run by the state attorney's office. If a defendant stays out of trouble for six months, including no new arrests or other violations, and completes the conditions set forth by the prosecutor, the case will be dismissed. While the bailiff is certainly eligible for such a program, the current political situation and upcoming election may make that option unlikely, as the current state attorneys has been accused by her counter-part of not being tough enough on public corruption.

The veteran bailiff is represented by a private lawyer will defend the case on behalf of his client. She posted a $7,000 bond, but had no other conditions set by the bond hearing judge. The case was referred to the state attorney's office by another criminal lawyer who met one of the defendants after deciding not to continue doing business with the bailiff. Once the state attorney's office received this information, an undercover officer was sent in to deal with the bailiff as a defendant. During the dealings, the undercover official took video and audio surveillance of the transactions. While the penalties after trial or a plea are unknown at this point, it is almost certain that the bailiff will lose her government job and any retirement benefits that may have accompanied it.

Miami-Dade Bailiff Arrested on Allegation of Misconduct, Miami Herald.com, July 19, 2012.

For all those charged under the "Florida Comprehensive Drug Abuse Prevention and Control Act" who anxiously awaited for the Supreme Court of Florida to rule on the constitutionality of Florida's drug laws finally have their answer. Criminal lawyers in Miami, Florida have expressed their disappointment in the ruling. In a 5 to 2 decision, the Supreme Court ruled that the prosecution need not prove that a particular defendant had knowledge about the "illicit nature" of the narcotics found in their actual or constructive possession. Criminal attorneys, as well as defendants charged with drug offenses have been waiting for the opinion in which if the law would have been unconstitutional would have led to the dismissal of thousands of cases with thousands of closed cases being vacated and then dismissed.

One of the Supreme Court Justices opined, "Nor is their a protected right to be ignorant of the nature of the property in one's possession." The majority opinion also reflected that is highly unusual for an innocent person to be unaware that he or she is carrying an illegal substance. The law regarding illegal drugs was changed in 2002 when the legislation no longer required prosecutors to prove that a defendant had "knowledge" of the illegal nature of the drugs. Bear in mind that just because knowledge is not a required element to prove a drug offense, a lack of knowledge could be presented to the prosecution prior to jury in effort to favorably resolve a case. Furthermore, the defense of a lack of knowledge could be presented to a jury, which if believed by the trier of fact would lead to an acquittal in the case.

The constitutionality of Florida's drug laws became an issue when a Middle District of Florida judge wrote in an opinion that the laws were unconstitutional and "Draconian". Once that opinion came down, defense attorneys filed thousands of motion to dismiss and motions to vacate cases where defendants had already been convicted and sentenced. Only two judges in the State of Florida ruled the laws unconstitutional and granted motions to dismiss and motions to vacate. A Miami-Dade County judge dismissed 39 felony cases. A Manatee County judge dismissed 46 criminal cases, one of which was sent to the Supreme Court that led to the ruling. All of the cases have been re-filed and will be prosecuted accordingly.

One of justices found that the potential sentences one faces under the Florida drug trafficking laws are staggering, but ultimately held that the law did not violate the constitution. One of the dissenting justices pointed out several examples of how an innocent person could be ensnared in the justice system. Two of the examples are individuals who rent automobiles being arrested for drugs left behind by the prior renter or individuals in airports who mistakenly pick up the wrong bag later found to be carrying illegal substances. The president of Florida Association of Criminal Defense Lawyers (FACDL) Miami branch expressed his displeasure with the ruling. None the less, the Supreme Court has ruled against defendants charged and/or convicted with drug crimes. With that being said, criminal defense lawyers will have to continue defend their clients charged with drug possession, drug sales and drug trafficking the old fashioned way, hard work and preparation.

State's Drug Law Constitutional, Florida Supreme Court Rules, Miami Herald.com July 12, 2012.

Three Homestead police officers were placed under arrest Monday night for their alleged involvement in a series of beatings that occurred outside a local bar last year. All of the officers have each retained a Miami criminal lawyer to defend the charges. The first officer accused of committing a criminal offense is Sergeant Jeffrey Rome. He is alleged to have beaten and/or pepper-sprayed three men outside Celio's Latin Quarter Bar. According to court documents and the arrest warrant, two of the incident were recording on surveillance tapes. The odd part is that the video was taken by undercover officers investigating human trafficking that was occurring at the bar. Rome is charged with the offense of battery, false imprisonment and abuse of the elderly.

Two other officers, Sergeant Lizanne Deegan and Officer Giovanni Soto are also accused of being involved in separate beatings that occurred outside the same bar. Deegan is charged with official misconduct, while Soto is charged with simple battery and official misconduct. All of the officers have been suspended with pay since the allegations came to light in April 2011. All of the defendants were arrested and were released from the Miami-Dade County Jail after posting bond. All of the officers exited the jail by hopping a fence and climbing into a black SUV to avoid and confrontation with the press who were waiting outside the facility.

According to the arrest warrants which are now public record, Rome is accused pepper-spraying a man three times outside the bar. The bar is frequented by Hispanic migrant workers. According to the victim, he had been robbed outside the bar and went to Rome for help. Instead of helping the victim, the warrant alleged that he used his pepper-spray. The warrant further alleges that in 2011, Rome dragged an elderly man out of the bar and kicked him in the head. The video purportedly shows Rome trying to revive the man by pouring water on him.

Deegan and Soto were charged with another beating that occurred outside of the bar. The victim told investigators that Soto repeatedly beat him outside the bar and then dropped him off at his home. The victim requested medical treatment, but was refused. However, according to the warrant, Soto called 911 and the victim was transported to Homestead Hospital. Deegan allegedly followed the ambulance to the hospital, took crime scene photos and provided the victim with a police case number. She is charged with official misconduct for failing to author a report regarding the incident. The attorneys representing the defendants made statements to the effect that each of their clients will be exonerated of all the charges once they are able to avail themselves of the criminal process.

Three Homestead Officers Charged in Beating Case, Miami Herald.com, July 3, 2012.

Anyone charged with a felony is entitled to be represented by a defense lawyer. Public Defender's Offices were created for that reason. However, when conflicts of interest arise in cases where multiple defendants are charged with criminal offenses, attorneys from the public defender's office can only represent one client. The question arises, who is going to represent the other clients who are indigent and cannot afford to retain private counsel? The State of Florida approximately five years ago created the Office of Regional Counsel. The creation of this office effectively did away with what used to be called "the wheel". "The wheel" consisted of a list of private Miami criminal defense lawyers that would be appointed cases that the public defender's office could not handle due to conflicts of interest. Budgetary constraints caused the Florida legislature to abandon the wheel and form the Offices of Regional Counsel.

"The wheel" in its past form no longer exists, but the courts still appoints cases in which both the public defender's offices and regional counsel both have conflicts of interest. The State of Florida has cut the rates for which the private lawyers can now bill the state to the extent that defendants are not receiving adequate representation. The fees are so paltry that defense lawyers who accept court appointed cases cannot effectively represent indigent defendants. A recent rule change has capped the fees to an even greater extent. It is understandable that the State of Florida needed to curb the growing expenses of legal fees, but not to the extent that the lawyers are not effectively representing their clients. For the fees being paid, the lawyers representing indigent clients cannot complete effective discovery in the cases prior to their resolution.

Attorneys around the community are making a stink that indigent clients cannot receive effective representation with the fees being they are being paid. One of the cornerstones of the Constitution provides that every defendant is entitled to effective legal representation. Effective representation means quality representation by qualified lawyers. Quality lawyers cannot afford to handles these cases for amount of time and effort to effectively defend them. If a lawyer decides to participate in the court-appointment process, economics dictates that the requisite amount of time required to provide a solid defense cannot be put into a case, thereby leading to ineffective assistance of counsel. Dozens and dozens of hours of work are put into a case before it is resolved. The discovery process, especially depositions, take hours of preparation and planning along with the time it takes to properly question witnesses.

The new rule change calls the pool of lawyers the "Limited Registry". The Florida Association of Criminal Defense Lawyers (FACDL) is challenging the new procedure for appointing lawyers to represent indigent clients. Many of the attorneys who used to represent clients on "the wheel" are no longer taking these cases because they can simply no longer afford to do so. Prior to the recent change, defense attorneys could bill a case for a flat fee, or by the hour if the cases were more complex and took significant time. All the cases are now paid by way of flat fee which cannot properly compensate those defending the cases. The flat fees vary depending on the severity of the offense. For example, an armed robbery case will pay more than a drug sale or drug possession case. Anyway you slice it, more and more attorneys will choose not to participate in the new program leaving a void in the number of lawyers ready, willing and able to defend indigent clients.

New Fee Rules Rile South Florida Defense Lawyers, Miami Herald.com, June 23, 2012.

Local residents were indicted and arrested for their involvement in a multi-million dollar mortgage fraud scheme that lasted almost 5 years. The focus of the investigation involved a condominium located in the Miami-Brickell area. According to the indictment, the individuals charged in federal court were part of a scheme that bilked lending institutions out of $5.7 million. The case will be prosecuted in Miami, Florida with the defendants represented by privately retained criminal attorneys or lawyers from the federal public defender's office. While mortgage fraud is difficult to perpetrate under the current banking standards, federal and state prosecutors are trying to clean up the mess that occurred at the end of the last decade.

The defendants charged in the case are facing charges of mail fraud, conspiracy to commit mail fraud and money laundering. Strawbuyers, a real estate attorney, a real estate broker and a mortgage broker were among those arrested. A title agent allegedly was also involved in the scheme and was charged separately by information. Like her co-defendants she is also charged with mail fraud, conspiracy to commit mail fraud and money laundering. Some would ask why she is charged separately by information rather than being included in the indictment with the rest of her alleged co-conspirators. Often times, cooperating witnesses will not be included in the indictment as they are expected to enter a guilty plea down the road. This is especially the case, when the cooperation began prior to the indictment being handed down by the grand jury.

Another defendant has already entered a guilty plea to charges including conspiracy to commit money laundering and wire fraud. The allegations suggest that this defendant provided false information to banks to acquire loans and received kickbacks for his involvement in the criminal enterprise. He received 46 months in prison at his sentencing hearing. Based on the loss alleged in the indictment, this sentence indicates that this defendant has agreed to cooperate with federal investigations and prosecutors with other investigations and with the offenses for which he was charged.

According to court records, the mortgage fraud scheme used straw buyers to purchase condominium units in the downtown Brickell area. Straw buyers names were used to secure loans supported by falsified financial documents. The false information was used to secure loans that exceeded the sales price of the units. Two sets of loan documents we used. The first set of documents that reflected the corrects sales price were submitted to the sellers, while a second set of inflated loan documents with the inflated price were presented to the lending institutions. The difference in the monies were taken and divided among the co-conspirators. This scheme is commonly referred to as "double hudding" and is one of the more commonplace types of mortgage fraud. While mortgage fraud is difficult to achieve under the current security standards of the banks, arrests are still being made for mortgage fraud that contributed to the housing collapse in 2008 and 2009.

Eight Miami-Dade Residents Charged in Multi-Million Dollar Mortgage Fraud Scheme, Palm Beach Post.com, June 20, 2012.

Fourteen local individuals were indicted in federal court for their involvement in a bank fraud scheme. Both men and women were indicted, but only 13 of the 14 have been arrested to date. The group is charged with being involved in an organized scheme to defraud several Bank of America customers. The defendants will appear before a magistrate with their perspective defense lawyers to determine whether each is entitled to a bond or whether the government is going to seek pre-trial detention. If the government seeks pre-trial detention, the hearing will be set within 48 hours. The government will have the burden of proving the defendant is linked to the crime and that the defendant is a danger to the community or a risk of flight. If the government can meet their burden, the magistrate can hold a defendant without a bond until the trial and/or sentencing occurs.

The alleged scheme was responsible for taking in excess of $100,000 from unsuspecting bank customers between November 2009 and June 2010. According to the United States Attorney's Office, one of the defendants was the ringleader of the operation. He is accused of stealing identities of bank customers, allowing other perpetrators to gain access to the accounts. The ringleader, Ibrahin Elias, was able to acquire the personal information of Bank of America customers, such as, names, birth-dates and social security numbers. Elias purportedly took the personal information and impersonated bank customers. Once the customers accounts were compromised, he ordered checks which were used to withdraw money out of the accounts. Once Elias had control of the accounts, he would transfer funds to accounts belonging to the other co-defendants. He is charged with several counts of bank fraud, conspiracy to commit bank fraud and aggravated identity theft.

The other defendants charged in the indictment are charged with bank fraud and conspiracy to commit bank fraud. A couple of the defendants are accused of receiving stolen funds and recruiting others to participate in the fraud. Others are simply accused of receiving stolen funds and returning the proceeds to others charged in the indictment. They received commissions for transferring the stolen money. According to court documents, each of the amounts stolen from individuals was less than $10,000 which means that were at least 10 victims involved in the crime.

Each of the defendants charged with conspiracy to commit bank fraud and bank fraud are facing up to 30 years in prison. Elias is also facing two-year minimum mandatory sentences for aggravated identity theft for each victim who had his or her identity stolen. The defendant's sentencing guidelines will determine what each individual is facing in terms of prison time. Those who cooperate with the federal investigators and prosecutors will receive the lightest sentences. Those of the defendants that choose not to cooperate with the feds will face sentences determined mostly by the amount of loss. Defendants involved in creating and managing the scheme will face more time as they will have their guidelines increased by several levels.

Arrests Made in Thefts from Online Bank Accounts, Miami Herald.com, June 10, 2012.

Puerto Rico's International Airport was once again the scene for a large-scale drug trafficking bust. Thirty-three people were arrested for their alleged involvement in a multi-million dollar drug smuggling and importation ring. Three other individuals were arrested at Miami International Airport and the Dallas-Fort Worth Airport. Investigators believe that the cocaine and heroine trafficking operations were a joint effort between two Puerto Rican drug trafficking organizations. The case will most likely be prosecuted in Puerto Rico or Miami, with criminal lawyers from either venue prosecuting and defending the case. The Puerto Rico airport has been a main hub for the importation and exportation of controlled substances for years.

According to the DEA, those arrested for heroine and cocaine trafficking are responsible for the importation of thousands of pounds of the illegal substances into Miami, Florida and Newark, New Jersey from 1999 to 2009. As a result of the investigation, 45 arrest warrants were issued by the federal government. Twelve of the warrants targeted former and current employees of American Airlines. Multiple warrants also involved multiple employees of Ground Motive Dependable, a company contracted by the airport to transfer, load and unload baggage. Other people sought via arrests warrants are an employee of Cape Air and a government employee working for the port authority.

The drug trafficking ring is alleged to have operated with airport or airline employees smuggling drugs into the airport in their bags or privately owned vehicles. Once the drugs passed through security, the illegal substances were transferred to other employees that would load the contraband onto aircraft bound for the United States. The current arrests for trafficking stem from an operation that began in 2009 that led to the arrests of several American Airlines employees. In 2010, several employees of Ground Motive Dependable were also arrested as part of the same investigation. The information that led to the new arrest warrants probably came from information provided by defendants arrested in the 2009 and 2010 operations.

According to federal authorities, Puerto Rico has been a hub for narcotics trafficking for a long time. With that, Puerto Rican law enforcement is seeking more federal funding to combat the problem. Approximately 70% of the narcotics that enter Puerto Rico are headed for the continental United States. According to records kept by the feds, the size of cocaine shipments intercepted in Puerto Rico and the U.S. Virgin Islands, have by increasing year over year. Last year, 10,800 pounds of cocaine was intercepted while 8,200 pounds have already been seized this year. Puerto Rico's police chief has asked for additional funding claiming that an increased budget should make it easier to catch drug traffickers.

DEA Makes Smuggling Arrests in Puerto Rico, Miami Herald.com, June 6, 2012.