criminal http://criminal.laws.com Criminal- Criminal Law, Criminal Records, Criminal Law Definition, Criminal Law Outline Thu, 29 Sep 2016 15:43:24 +0000 en-US hourly 1 http://wordpress.org/?v=4.1.15 FL Criminal Defense Attorney Shares His Insights From His Experience http://criminal.laws.com/criminal-news/fl-criminal-defense-attorney-shares-his-insights-from-his-experience-38023.html http://criminal.laws.com/criminal-news/fl-criminal-defense-attorney-shares-his-insights-from-his-experience-38023.html#comments Fri, 03 Apr 2015 14:09:04 +0000
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Criminal Defender Fights For Clients For 43 Years http://criminal.laws.com/criminal-news/criminal-defender-fights-for-clients-for-43-years-36509.html http://criminal.laws.com/criminal-news/criminal-defender-fights-for-clients-for-43-years-36509.html#comments Fri, 03 Apr 2015 14:09:03 +0000

Alexandria, VA—43 years of criminal defense practice have made John Zwerling one of the most experienced and effective criminal defenders in the Washington, D.C. area.  

For Zwerling, the choice to represent criminal defendants was an easy one.  “I have always rooted for the underdog and challenged authority,” he said in an interview with laws.com.  “Beating a bully on his home court while playing by his rules is a challenge, but very rewarding.  Once I decided to be a lawyer, the type of lawyer was an easy choice.”

(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)

From the time he got his first case, Zwerling says that he was hooked on defense practice.  “My very first case was my first big case,” he said, joking that “my career has gone downhill since that case.”  In that 1970 case, a brawl involving gay rights protesters and police had led to 12 protesters being arrested.  After the judge said that he could not make a determination about whether the police or the protesters were lying, they took a lunch break—and when they came back, everything had changed.

“When we returned,” Zwerling recalls, “the prosecutor announces that the one witness that they did not call, but who had been sitting in the witness room for three weeks, came to the prosecutor that lunch break and reported that she could not stand the fact that all the government witnesses were laughing about how they lied.”  After a quick conversation with the judge, the charges were dismissed—and the police who had lied found the court transcript taken to a grand jury.

Today, the field of criminal defense law is different than when Zwerling began practicing.  Asked if he had any advice for new young lawyers interested in a criminal defense career, Zwerling responded, “Think twice about it.  There is a high level of frustration and aggravation in having to deal with an opponent who has the power to destroy your client for simply exercising his rights.”  Attorneys who are “brash or unprepared” will have the hardest time getting off to a good start in criminal defense, he says.

Another way in which criminal practice is changing is that plea deals are more common.  Zwerling says that the choice to plea bargain or go to trial is “very case specific.  One needs to weigh what can be gained against what can be lost if one goes to trial.  Often, especially in federal court, the punishment that a defendant will face if he goes to trial will be several times as great as if he takes a plea … is it better for an innocent person to plead guilty to a misdemeanor and no jail, or go to trial on a felony charge with a mandatory minimum sentence of 5 years if you lose?”

According to Zwerling, the unique challenges of representing celebrities and high-profile clients can be difficult not only for their attorneys, but for the defendants as well.  “All criminal defendants need to keep their eyes on the goal, which is exoneration—not continued adoration,” he says.  “Oftentimes, celebrities are surrounded by people concerned with today's headlines and not the end result.”

Even though he has had a long and illustrious career, Zwerling says that it hasn't always been easy.  “Learning how to communicate with the jury members has been the greatest challenge,” he says of his work in criminal defense.

 


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Trial Lawyer Ty Cobb Reflects on 35 Years of Practice http://criminal.laws.com/criminal-news/trial-lawyer-ty-cobb-reflects-on-35-years-of-practice-36532.html http://criminal.laws.com/criminal-news/trial-lawyer-ty-cobb-reflects-on-35-years-of-practice-36532.html#comments Fri, 03 Apr 2015 14:09:03 +0000

Washington, DC—After a career spanning 33 countries and 44 states, some attorneys would be thinking about leaving the law.  Not Ty Cobb, famous for his work on white collar crime and corruption cases.  “I loved and still love what I do,” he told laws.com in a recent interview.  “Aside from spending time with my family, there is nothing better than being in court.”

(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)

Over three decades of practice have brought both high profile and intensely personal cases to Cobb's desk.  “On the personal side,” he says, recalling a case from his time as an Assistant U.S. Attorney, “one of the most important cases was the prosecution of the murderer of a good friend of mine who was an undercover police officer in the city of Baltimore.” 

Even in his work defending corporations he says that personal feelings sometimes enter into the practice of law.  “I took on a case following the death of a partner and close friend who passed away in 1997, Richard E. Dunne III.  It was the case of United States v. Hudson Foods, and won an acquittal of a corporate defendant in a federal criminal case following a five week trial.”  That case, he says, “had personal meaning to me because I did it to address an injustice and to honor my good friend's memory.”

 According to Cobb, young people who are considering the life of a high profile trial lawyer should think twice about whether they're getting into it for the right reasons, and whether their personality will mesh well with the work.  “Being an active trial attorney is a very difficult path.  It's not a nine to five job, and definitely not for the meek.  I advise law students who want to become trial lawyers to focus on evidence, clinical and criminal law courses.”  

 As a high profile defense attorney who started out as a prosecutor, Cobbadvises young attorneys to do the same.  “The most important period is post-law school, where I advise students to gain real federal or state prosecutor or public defender experience as early as possible in their career.  There is no real substitute to being in court.”

 Choosing the right clients can be an important part of being a successful trial lawyer, according to Cobb.  “I think client selection is a very important process,” he says.  “For me, it's not a negative factor to represent a client when there is a lot at stake.  The more complicated and challenging the case is, the more attractive it is to me.  The most compelling and important factors are the justice issues.  If someone comes to me having suffered an injustice or as the victim of government overreaching, that attracts me to the case.”

There are, however, times when a client's character can make Cobb reject the prospect of an attorney-client relationship. Cobb, who has been inducted into the Ethisphere Hall of Fame for his contributions to corporate ethics and compliance, says that ethics matter from the moment clients walk through his door.  “The few times I have turned away a client is when I get a bad feeling, whether the client can't be counseled or can't be honest with me.  I am largely guided by my instincts.”

After 35 years, Cobb still prefers the courtroom to the office.  “It is rare to get cases that go to trial,” he says, “but to me those are the most gratifying ones.  I go to trial if someone is innocent or the government overreaches.  Those are the cases that show you who you are!”


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Waffle House CEO Accused of Sexual Harassment http://criminal.laws.com/criminal-news/waffle-house-ceo-accused-of-sexual-harassment-35973.html http://criminal.laws.com/criminal-news/waffle-house-ceo-accused-of-sexual-harassment-35973.html#comments Fri, 03 Apr 2015 14:09:03 +0000

 

Sexual harassment allegations made against the chief executive officer of Waffle House, a Southern regional chain of diners, have put harassment back into the media spotlight.  The accusations against Waffle House Chief Executive Officer Joe Rogers come from his longtime housekeeper and sexual partner.

The woman, Mye Brooke Bindle, is 43 years old, unmarried, and has two children.  According to the accuser, what began as verbal sexual harassment quickly escalated into sexual assault.  She was told that in order to retain her job, she would be required to perform sex acts on Rogers.

According to Brindle, she engaged in as little sexual activity as she could, but was still frequently touched and pressured for sex acts by Rogers.  She continued to work for him for eight years, according to court records, and quit at the time that her son, Bryson Brindle, received a full tuition college scholarship to play football at Presbyterian College.

The police report also describes several other ways in which Rogers allegedly sexually harassed the victim.  He forced her to purchase pornography because he knew it would cause her sexual humiliation, and walked around his house naked where he knew she would be.

When Rogers was served with court papers for the harassment allegations, he denied them categorically, but did not deny having had sexual encounters with his ex-housekeeper.  He claimed, however, that all of these encounters had been completely consensual, though “boneheaded.”

One piece of evidence that may be able to clear the entire case up is likely to be the subject of a tense evidentiary battle in the days and weeks to come.  During the period in which Bindle claims she was harassed, the alleged victim says she made recordings of the sexual encounters between herself and Rogers.  Some of the recordings contained only audio of the alleged harassment, while other recordings included both audio and video.

These tapes were submitted to the bench by Bindle's attorneys, and were subsequently sealed by Cobb Superior Court Judge Grant Brantley after Rogers' attorneys stated that the tapes had been made without Rogers' consent or notification and would be detrimental to their client.  The judge agreed that the public should not be able to see the tapes and sealed them for the time being.

According to Rogers' attorneys, the tapes simply show consensual sexual encounters and were made for blackmail purposes.  Rogers claims that the accusations against him have been part of a sustained extortion attempt from Brindle.  According to him, he was contacted by Brindle's attorneys in July with threats and intimidation, and they only sued after he refused to give in to settlement demands.

Initially, all records about the case were sealed when it was filed initially in October.  However, after repeated leaks to the press, the court decided to open the filings for public viewing, which quickly led to a media frenzy surrounding the case.

Sources: cnbc.com, abcnews.com, upi.com


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Two Koreans Removed from US for Sex Trafficking and Fraud http://criminal.laws.com/criminal-news/two-koreans-removed-from-us-for-sex-trafficking-and-fraud-35852.html http://criminal.laws.com/criminal-news/two-koreans-removed-from-us-for-sex-trafficking-and-fraud-35852.html#comments Fri, 03 Apr 2015 14:09:03 +0000


On November 30, 2012, Immigration and Customs Enforcement (ICE) announced that Kyung Hwa Choi and Sun Hee Kim were returned to South Korea by officers under ICE’s Office of Enforcement and Removal Operations (ERO).  One was wanted by her home country for sex trafficking, and the other was wanted for a large-scale financial fraud scheme.  


An arrest warrant was issued for Choi in March 2008 for financial fraud.  The warrant stated that Choi and another co-defendants defrauded investors out of $8 million from 2000 to 2008.  Choi entered the United States on a tourist visa a month after the arrest warrant was issued, and she was only allowed to stay in the United States for six months.  She was arrested by ERO officers with the help of the U.S Marshals Fugitive Task Force in October 2012.  


Kim faces charges for sex trafficking in South Korea.  A South Korean consulate in Los Angeles informed ERO about Kim’s outstanding criminal warrant earlier in 2012.  Her warrant accused her of buying three Korean women for $20,000 in 2005 and then forcing them to engage in prostitution around the Los Angeles area.  She was taken into custody in August 2012.  


Timothy S. Robbins, the field office director for ERO Los Angeles, stated: “Foreign criminal fugitives who seek to escape responsibility for their actions by fleeing to the United States will find no sanctuary in Southern California.  As these two cases make clear, ICE is working closely with law enforcement agencies here and abroad to protect public safety and hold criminals accountable – no matter where they commit their crimes.”  


ERO has removed over 500 foreign fugitives from the United States since October 1, 2009.  ERO works with ICE’s Office of International Affairs, Interpol, and foreign consular offices in the United States to find foreign fugitives.  


Source: Immigration and Customs Enforcement


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Hustle Boys Gang Member Charged with Drug Trafficking http://criminal.laws.com/criminal-news/hustle-boys-gang-member-charged-with-drug-trafficking-35496.html http://criminal.laws.com/criminal-news/hustle-boys-gang-member-charged-with-drug-trafficking-35496.html#comments Fri, 03 Apr 2015 14:09:03 +0000


On November 15, 2012, the US Attorney’s Office for the Eastern District of Michigan reported that Jeron Gaskin of Detroit, Michigan pled guilty to federal drug charges.  He was convicted of three counts of drug trafficking before Honorable Patrick J. Duggan in the U.S. District Court in Detroit.  


According to court documents, Gaskin and other members of the Hustle Boys Gang illegally distributed marijuana and transported thousands of Oxycontin, Opana, and other prescription pills through Detroit, southern Ohio, and West Virginia.  They sold the pills out of hotel rooms and three different residences.  The house in Detroit was located on Hamburg Street in East Detroit.  The house was used to distribute marijuana, count pills, package pills, and make shipments to Ohio and West Virginia.  


Court documents also show that Gaskin and others traded pills for firearms.  The firearms and all cash proceeds were stored at the house in East Detroit.  


Gaskin and a total of nine other members with the Hustle Boys Gang were indicted on November 30, 2011.  Mark Davis, William Crews, Darrell Ewing, Deonte Morris, Delmerey Morris, Ashley Sallad, Pinkie Lewis, and Randi Fortner have all pled guilty so far, and William Beal’s trial is still pending.  


Robert D. Foley, III, Special Agent in Charge, stated: “This drug trafficking conviction sends a strong message that these crimes will not be tolerated in our communities.  As a result of the hard work and commitment by the FBI Violent Crime Task Force and our law enforcement partners our streets are safer.”


U.S. Attorney Barbara McQuade stated: “Street gangs that engage in armed drug trafficking lead to violence in our neighborhoods.  Dismantling this group is an important step to improving public safety on Detroit’s east side.”


The case was investigated by the FBI’s Violent Crime Task Force and the Ohio State Highway Patrol.  


Source: Federal Bureau of Investigation
 


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New England Crime Boss Nailed with 78 Months http://criminal.laws.com/criminal-news/new-england-crime-boss-nailed-with-78-months-35493.html http://criminal.laws.com/criminal-news/new-england-crime-boss-nailed-with-78-months-35493.html#comments Fri, 03 Apr 2015 14:09:03 +0000


On November 14, 2012, the Department of Justice announced that Anthony L Dinunzio received 78 months in federal prison for a racketeering conspiracy that extorted payments from adult entertainment businesses in Rhode Island.  Dinunzio is the acting leader of the New England La Cosa Nostra (NELCN) crime family.  


Court documents indicate that Dinunzio was the NELCN leader since 2002.  He pled guilty, and during the hearing, he admitted to extortion and criminal racketeering in order to obtain between $2,000 and $6,000 per month from the owners and operators of the adult entertainment business.  


Seven leaders, underbosses, members, and associates of the NELCN have admitted to involvement in the extortion conspiracy, have pleaded guilty, and have been sentenced.  The NELCN crime boss Luigi Manocchio received 66 months in prison; Edward Lato received 108 months in prison, Alfred Scivola received 46 months in prison; Raymond Jenkins received 37 months in prison; and associated Richard Bonifiglia and Albino Folcarelli both received 84 months in prison.  Thomas Iafrate is currently serving 30 months in prison.


Assistant Attorney General Breuer stated, “Today, the admitted leader of the New England La Cosa Nostra was sentenced to prison for the years of significant harm he caused to the people of Rhode Island.  Anthony Dinunzio and his NELCN subordinates used threats of violence to extort protection payments from business owners throughout the state, and his sentence sends a powerful message about the department’s determination to hold mafia leaders and associates to account.”


Colonel Steven G. O’Donnell with the Rhode Island State Police stated, “La Cosa Nostra historically prides itself on preying on the weak to exploit their ideology of greed and power.  The factors that brought them ‘power’ have contributed to their demise.”  


The case was investigated by the FBI, the Rhode Island State Police, and the Providence Police Department.  


Source: Federal Bureau of Investigation


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Shaykh Aminullah on Seeking Information—Terrorism List http://criminal.laws.com/criminal-news/shaykh-aminullah-on-seeking-informationterrorism-list-35478.html http://criminal.laws.com/criminal-news/shaykh-aminullah-on-seeking-informationterrorism-list-35478.html#comments Fri, 03 Apr 2015 14:09:03 +0000


On November 14, 2012, the Federal Bureau of Investigation placed Shaykh Aminullah on the Seeking Information—Terrorism List.  Individuals on this list are believed to be connected with terrorist organizations with hostility toward the United States.  


The FBI wants to question Shaykh Aminullah about his connection and possible material support to al Qaeda, the Taliban, and the Lashkar-e-Tayyiba (LeT).  The LeT has links to al Qaeda and is one of the largest militant groups to date.  The Department of State labeled LeT as a foreign terrorist organization starting in 2001.  


Aminullah may have provided funding and recruits to al Qaeda starting in 2008.  He is believed to have provided items like explosive vests and other items to militant organizations in Afghanistan, and the FBI believes he recruited people to conduct suicide bombings.  


Aminullah founded the religious institution called Ganj Madrassa, and the FBI believes he may currently reside in the Ganj District of Peshawar, Pakistan.  He is about 50 years old and about 5’10” tall.  He has light skin, a round stomach, and he has a long dark and grey beard.  He usually wears thick glasses.  


He goes by the following aliases: Fazeel-A-Tul Shaykh Abu Mohammed Ameen Al-Peshawari, Abu Mohammad Amin Bishawri, Sheik Aminullah, Shaykh Ameen, Shaykh Aminullah al-Peshawari, Abu Mohammad Aminullah Peshawari, Abu Mohammad Shaykh Aminullah al Bishauri, and Shaykh Abu Mohammed Ameen al-Peshawari.


Aminullah is one of six people on the Seeking Information—Terrorism List.  This list is for people who are not indicted in the United States, and the list is connected to the Most Wanted Terrorists List.  


If you have any information about Amindullah, especially his whereabouts, you should contact the FBI or the closest American Embassy or Consulate.  The FBI has not released information about whether or not Amindullah is considered armed and dangerous.  


Source: Federal Bureau of Investigation


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Army Recruiter Guilty of Child Sexual Exploitation http://criminal.laws.com/criminal-news/army-recruiter-guilty-of-child-sexual-exploitation-35401.html http://criminal.laws.com/criminal-news/army-recruiter-guilty-of-child-sexual-exploitation-35401.html#comments Fri, 03 Apr 2015 14:09:03 +0000


On November 8, 2012, Arnold Gonzales received an 87-month prison sentence and 10 years of supervised release for child sexual exploitation.  He is required to follow sex offender registration requirements as well.  


The U.S. Attorney’s Office for the District of New Mexico reports that Gonzales worked as a U.S. Army recruiter at the U.S. Army Recruiting Station located in Midland, Texas.  Court documents indicate Gonzales used a computer and cell phone to convince a girl he believed was 12 years of age to have sex, and he was arrested on his way from Oklahoma to meet the girl.  


During the plea hearing, Gonzales admitted that he responded to an advertisement on a website posted by a Curry County Sheriff’s Office undercover agent, which read “Cute/young if age doesn’t matter hit me up.”  A large amount of communication ensued.  Gonzales sent numerous emails and text messages that asked the girl for nude photos and asked what type of sexual acts she would perform.  


Gonzales sent a text message to the undercover agent acting as a young girl on May 1, 2012, and he said he would travel to Clovis the next day to have sex with the girl.  He arrived to the residence the following day and the CCSO undercover agent arrested him immediately.  


The case was investigated by the FBI and the CCSO, and the New Mexico Internet Crimes Against Children Task Force assisted in investigation as well.  The Task Force is made up of 64 agencies at the federal, state, and local level, and the Task Force is funded by the New Mexico Attorney General’s Office.  The New Mexico U.S. Attorney’s Office, Project Safe Childhood, and other federal, state, and local agencies helped as well.  


Assistant U.S. Attorney Charlyn E. Rees was in charge of prosecution.  


Source: Federal Bureau of Investigation


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Update: Suspected “Chubby Bandit” Arrested http://criminal.laws.com/criminal-news/update-suspected-chubby-bandit-arrested-34923.html http://criminal.laws.com/criminal-news/update-suspected-chubby-bandit-arrested-34923.html#comments Fri, 03 Apr 2015 14:09:03 +0000


On October 20, 2012, the FBI, the San Diego County Sheriff’s Department, and the Carlsbad Police Department announced that Aaron Alan Hyman was arrested for the serial robberies that occurred around the San Diego area.  


The investigation began on October 9, 2012, after several robberies occurred by the same suspect.  After surveillance photos were released to the public, a San Diego County Sheriff’s Deputy identified the suspect as Aaron Hyman.  The deputy recognized Hyman from patrols in the past, and the Carlsbad Police Department helped identify Hyman as the Chubby Bandit as well.  


Aaron Hyman managed to rob five banks and a local pharmacy.  He also attempted to rob a sixth bank.  The robberies are listed below:


-the U.S. Bank on 12655 Scripps Poway Parkway in Poway, California was robbed on October 9, 2012 at about 5:32 p.m.
-the Chase Bank on 7176 Avenida Encinas in Carlsbad, California was robbed on October 11, 2012 around 1:03 p.m.
-Hyman attempted to rob the Chase Bank on 607 Lomas Santa Fe in Solana Beach, California October 13, 2012 around 1:30 p.m.
-the Wells Fagro Bank on 276 North El Camino Real in Encinitas, California was robbed on October 15, 2012 at approximately 2:47 p.m.
-the U.S. Bank on 770 Village Drive in Carlsbad, California was robbed on October 16, 2012 around 2:23 p.m.
-the fifth successful robbery occurred at Wells Fargo Bank on 11986 Bernardo Plaza Drive in San Diego, California around 4:11 p.m.
-the CVS pharmacy on 191 Woodland Parkway in San Marcos, California was robbed on October 10, 2012 around 12:38 p.m.


Hyman is booked at the Vista County Jail, and the FBI has not released information about his trial at the current time.


He was arrested around the area of Highway 78 and El Camino Real.  If you have any information about the Aaron Hyman that could be useful to the FBI, you can call (858) 565-1255.  


Source: Federal Bureau of Investigation


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