On November 8, 2012, the US Attorney’s Office for the Northern District of Ohio reported that charges were filed against Thomas L Newman, the director of the Flats Oxbow Association, for stealing over $580,000.  He is charged with money laundering and “theft and embezzlement in federally funded programs.”

It is believed he used $583,570 of Flats Oxbow Association funds for his own personal use.  

Flats Oxbow Association (FOA) is a non-profit organization that helps businesses and residents in the Flats neighborhood in Cleveland.  The organization received $393,758 from the Department of Housing and Urban Development between 2006 and 2011.  

Around the start of the funding, Newman was appointed as executive director and routinely reported back to the board of trustees for the organization.  He was in charge of soliciting donations, receiving dues from FOA members, and maintaining financial records.

He was paid an annual salary of $50,000 for his job as the executive director.  

Court documents indicate that Newman wrote checks to himself from FOA from 2006 to March 31, 2011.  Furthermore, he used company credit cards to renovate a property on 1250 Riverbed Street that his wife has personal interest in.  

Newman is also charged with trying to hide and disguise the check payments to himself and the credit card charges for the renovated property.  

The U.S. Attorney’s Office has not released any information about Newman’s sentencing or the date he is scheduled to be sentenced.  

The FBI led the investigation, and the case is being prosecuted by Assistant United States Attorney Vasile C. Katsaros.  

United States Attorney Steven M. Dettelbach declared, “We will continue to root out public corruption and misuse of tax dollars in all its forms.  

Newman is presumed innocent until proven guilty in a court of law.

Source: Federal Bureau of Investigation

On September 18, 2012, the Federal Bureau of Investigation made a new compilation to the Top Ten Art Crimes list.  The piece of art is an oil painting by the French Impressionist Pierre Auguste Renoir and has an estimated value of $1 million.

According to the FBI report, the painting, called Madeleine Leaning on Her Elbow with Flowers in Her Hair, was stolen in an armed robbery on September 8, 2011.  Since the initial investigation, the FBI has now raised the award to $50,000 for any information that leads to recovery of the painting.

The owner of the painting reported a loud noise downstairs on the night of the robbery, and after she checked on the noise, she was met by a man in a ski mask.  Since the robbery, the FBI has alerted art dealers, gallery owners, and auction houses to look out for the painting.

“If the thief tries to place the painting with a reputable dealer or gallery, or tries to sell it at auction” states Bonnie Magness-Gardiner of the Bureau’s art theft program, “members of the art community here and overseas will see that the artwork has been stolen and will alert the FBI.”

The painting is on a piece of canvas about the size of 50.17 x 41.28 centimeters.  The painting is no longer in its original frame.

The victim reported that the masked robber was about 18 to 26 years old and white.  He was also about 160 pounds and 5’ 10” tall.  The man owns or had possession of a large-caliber handgun.  Contact the FBI if you have any information.  You should contact your FBI office or the U.S. Embassy or Consulate near you.  You can also submit a tip at www.fbi.gov.

Since the Top Ten Art Crimes list was established in 2005, six paintings and one sculpture have been retrieved by the FBI.  

Source: Federal Bureau of Investigation

According to a report released by the FBI on September 7, 2012, new and expectant parents need to be aware of new trends and precautions to protect their infant from abduction.

The FBI reports that while infant abductions are rare compared to other types of crime, they do happen.

For example, a woman 28 years of age was shot and killed in Texas by a 30 year-old-woman who then proceeded to kidnap the infant—only three days old—from the pediatric center.  Fortunately, the child was rescued only six hours later.

Criminals are now creating more elaborate crimes because simply walking out of a hospital with an infant is now difficult.  Most newborns have a security bracelet that will trigger an alarm unless removed.

A recent case in January of 2012 highlights the growing complexity of infant abductions.  According to the FBI, a 32-year-old woman in Florida formed a friendship with a younger mother on a social networking website.  The woman said she too has a newborn and the baby was in the hospital.  The new mother then invited the older woman to her home to spend the night, and while the new mother was in the shower the next morning, the older woman abducted the young infant.

The older woman deleted her profile from the social networking website, but she was still caught and arrested.  The baby was returned to the mother.

The FBI recommends that expectant and new parents take the following precautions to deter child abductors:

1.       New parents should not post colored balloons outside of home that announce a newborn or baby shower.

2.       Parent needs to stay particularly aware in public.  Be suspicious of someone who asks too many questions about your pregnancy and baby.

3.       Adjust your privacy settings for social networking sites so strangers cannot see your personal information.

4.       Report any suspicious behavior immediately.

5.       Women between the ages of 17 and 33 are most likely to abduct a newborn.

Source: Federal Bureau of Investigation

Chatham, NJ—Criminal defense attorney Jack Arseneault knows that when he walks into a courtroom, he's already facing an uphill battle.  “My practice is primarily in white collar criminal defense,” he explained in a recent interview with laws.com.  “I would say there is an overwhelming presumption of guilt.”

For Arseneault, a military veteran who grew up in a low income family, defense came naturally.  “I always felt like the underdog, but this allowed me to gain a fair perspective of life,” he says.  “A passion for the law grew in me when I was exposed to the criminal justice system in the military.”

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From the beginning of his career—when out of 8 attorneys assigned to 8 defendants in a federal corruption case, his client was the only one to walk free—Arseneault had a high level of success in defending his clients.

While in his early career, Arseneault defended everyone from teachers to law enforcement officers he believed had been wrongly accused, his cases today tend to involve high-profile white collar crime.  Because of this, he has represented a number of celebrity defendants over the years.

These clients, according to Arseneault, present challenges for attorneys because of their overall priorities.  “I know they are frequently more concerned with public perception than with the defense of charges,” he says.  “The two factors are not conducive together—their overwhelming concern about how the case may affect their public image can sometimes overshadow their level of focus.  This concern may lead to frequent statements, made either by themselves or by their representatives, to change public perception.”

Plea bargains have been increasing in popularity over the last several decades, and Arseneault says that deciding whether or not to go to trial should be weighed carefully.  “If the offer doesn't significantly change the exposure to the client, you ought to defend the case by going to trial.  There are sometimes collateral consequences to the conviction that are so great that the client has little choice but to go to trial—like losing certain licenses and deportation.”

However, in the federal court system, Arseneault says that going to trial can be tough.  “Most of my work is in the federal courts.  Rarely do they indict unless they have what I call a headshot—in other words, if they really have them.  That, coupled with the federal sentencing guidelines, makes the plea bargain more attractive.”

Attorneys looking to practice criminal defense should be careful to avoid some common errors, according to Arseneault.  “Some of the biggest rookie mistakes happen when trial lawyers get too caught up thinking the case is about them, and not the client,” he says.  “New lawyers should also know how to talk to a jury, as opposed to talking at a jury.  Lastly, new lawyers often underestimate how high a level of preparedness is required to work on cases.”

Today, Arseneault can pick and choose his cases carefully.  “Having been in practice for many years, I allow myself to try cases I feel extremely passionate about.  I turn down clients that I know I can't zealously represent because of the nature of the allegations.  What I do offer my clients is passion and commitment.”

To learn more about this New York Criminal Defense attorney visit https://www.awffa.com.

Dallas, TX—To new attorneys thinking of becoming criminal defense lawyers, John Teakell says it's best to start on the other side.  “From my perspective, it would be beneficial to be a prosecutor for at least a short period of time, to get a sense of how prosecution works and what a prosecutor's thought process is,” he told laws.com  in a recent interview.

Teakell knows what he's talking about.  After having a successful entry into the world of criminal law in the state prosecutor's office, he moved on to even greater success by spending over 12 years as a federal prosecutor.  By the time he had spent a large part of his legal career putting people behind bars, he says that he began to consider what his next move should be.

“I enjoyed my time as a prosecutor, but I felt it was time for me to move on,” he explains.  “I got to a certain age, where if I didn't do it, then I worried that I might regret it later on in life.”

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Teakell's experience prosecuting drug trafficking cases came in handy when it came time to defend people accused of similar crimes—people who sometimes had no idea that they had been used to traffic drugs until they were arrested.  “About a decade ago, another attorney and I represented a young woman who unbeknownst to her, a 'friend' was using her and her car to transport a significant amount of illegal drugs.” In this federal court case, he successfully got a not guilty verdict for his client. Although this success was a great achievement in his career he says  “each case is different, I don’t guarantee success with all cases ” 

Defense attorneys face consistent challenges when trying to work for their clients, and Teakell believes that many of those challenges come from the lack of resources that defense attorneys sometimes have at their disposal.  “Coming up with evidence can be a challenge, even if the defendant claims he or she is innocent,” he says.

While many people may think of criminal defense as a legal area that involves a great deal of trial work, Teakell says that trials are few and far between.  “The vast majority of cases at both the state and federal levels are mostly plea agreement cases, and not trial cases,” he says.  “You have to evaluate every case to see if the evidence is there.”
The proposed sentence in the plea agreement can also make a difference, according to Teakall.  Because federal cases are almost always decided in accordance with federal sentencing guidelines, Teakell says that these cases give attorneys an opportunity to evaluate the risks of trial more clearly: “If there isn't much difference between the offer and the sentence, then it may be worth going to trial—if there is a great difference, it may be an agreement case.”

Regardless of what the prosecution will be using as evidence against his clients, Teakell says that it's critical to make sure that every client is presented with their full range of options.  “Regardless of how weak or strong the government's cases are, I always try to explore other alternatives,” Teakell explains.  “It's always up to the client whether they are going to accept a plea agreement or not.”

Today, individuals facing white collar criminal charges in Texas and throughout the United States look to the Law Office of John R. Teakell  to provide a zealous defense. His practice primarily focuses in criminal law and securities background with over 25 years of courtroom experience. He has a thorough knowledge of both federal and state crimes and both federal and state court systems. To learn more about his practice visit, www.teakelllaw.com and www.txfederalcriminaldefense.com

Greenwich, CT—Legal analyst, author and criminal defense attorney Mickey Sherman says that one of the biggest challenges facing criminal defendants today is a matter of public perception.

“The public view is that everyone must be guilty if they got arrested,” Sherman told laws.com in a recent interview.  “Also, we now have the 'CSI factor.'  All these crime solving or forensic investigation television shows affect the public perception of what crime is, though that probably hurts the prosecutors more than the defendants.”

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Sherman is no stranger to television himself.  In fact, a case in which he was defense counsel was the first trial to be broadcast in its entirety on then-fledgling Court TV.  He has provided commentary over the years for high profile trial coverage, including the O.J. Simpson trial, and worked with CBS's Early Show as a legal analyst for four years.

Commentary, Sherman explains, is an art—and not one that all attorneys are naturals at.  “You'd be surprised at how many intelligent lawyers are not good commentators, or get insulted when Nancy Grace cuts them off,” he says.  “It's just part of the show.  Another problem I have noticed is that when some attorneys get in front of the camera, they can't contain a thought or an answer in the short time they are given.  Just because you are great in court does not mean you're great for TV.”

His secret to television success?  “Although I take my job as a legal analyst seriously, I don't take being in front of the cameras too seriously.”

Over the years, Sherman has defended a number of controversial clients.  Those cases led to him hearing the same question so often that he decided to write a book using it as the title: “How Could You Defend Those People?”  He says: “I could be walking in a Dunkin' Donuts, or attend an exclusive cocktail party, and people always asked me, 'Hey, Mr. Sherman, how could you defend those people?'  I could be giving a speech at a prestigious legal organization or just walk down the street and people always ask me that question.  The book is more like a backstage pass to the criminal justice system and my career.”

Sherman's career as an attorney led his son Mark to pursue a career in law as well.  When advising him, Sherman says his advice was to “spend more time listening to clients, and never pre-judge anyone.  We are not in the business of judging people.  Both sides sometimes want to win so much that they cut corners.  My best advice would be not to cut corners.”

Today, Sherman is running his own firm in Connecticut, and says that when deciding whether to take a case to trial, “Each case is different.  You listen to your client and learn the facts.”

Not all attorneys are willing to take cases to the courtroom, says Sherman, which often stems less from the case itself and more from an attorney's insecurities.  “So many lawyers don't want to or are afraid to go to trial.  They are afraid of the unknown.  To me, the spontaneity is one of the best parts of being a criminal defense lawyer—an adrenaline rush occurs when I am in the courtroom.”

New York, NY—For Todd Spodek, the seeds of a successful career in law were sown during childhood.  “As a child working for my father’s law firm,” Spodek recalled in a recent interview with laws.com, “I was intrigued by the courts and the criminal trial process.  I knew early on that I wanted to try criminal cases.”

Instead of jumping right into private criminal defense, though, Spodek decided to start out on the other side of the justice system.  “I wanted a more well-rounded background in the criminal justice process, so I majored in criminal justice in college, and after college worked at a large law firm doing investigations and prepping mutli-defendant cases for trial. I focused my time at law school on trial practice and once I graduated – on trying and winning as many jury trials as I could.”

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Spodek says that his first “big” case came when he represented a woman who had been charged with assault in Brooklyn.  “This woman was bullied every day by a local gang,” he explains.  “One day she was attacked, and she fought back, causing devastating injuries to the aggressors  We made the case for self defense, which is an affirmative defense, at trial—and obtained a full acquittal.”

The case taught Spodek that “in order to win trials, you need to outwork everyone else.  You need to understand the facts and circumstances of the case from your client’s point of view.”

Changes in technology have meant significant changes to the types of evidence that are brought in at trials, and Spodek says that people involved in criminal cases need to be aware of these changes.  “I think that both criminal defendants and criminal defense attorneys need to realize that more and more social media and cellular phone triangulation evidence is being introduced at trial and used to obtain convictions,” he says.  “Defense attorneys need to understand how social media networks work, how IP addresses work, and how different cell phone technology works.”

This understanding can make a big difference to how a case turns out, in Spodek’s experience.  In one recent murder trial, he says, “the District Attorney attempted to place my client at certain locations both before the crime and after.  On cross examination, I was able to successfully show that cell sites are inherently unreliable.  Even if your cell phone is pinging off a certain tower, it doesn’t mean you were in an exact location.” Spodek’s client was acquitted of murder.

Deciding whether to go to trial or not can be a tricky proposition for any criminal defense attorney, and Spodek says that he considers a long list of factors before deciding whether to accept a plea deal.  “Trial is all about exposure,” he explains.  “If you go down at trial, what is your exposure?  How does that compare to a potential deal?  Do I think we can win?  Do I think we can win on the top counts?  Can you get probation, or is it mandatory jail or prison time?  Can there be consecutive or concurrent time?”

Only after considering all these factors does Spodek decide how to advise his clients.  As for how he picks those clients, he says that those choices are much more simple: “I look for cases that I think I can win—big or small.”

For attorneys interested in criminal defense, Spodek has a key piece of advice.  “Be a straight shooter with clients, district attorneys, and judges,” he says.  “People will respect you for it, and your reputation is worth protecting.”

Todd Spodek

New York, NY—After defending clients from criminal allegations in many high profile cases, 45 year old Joseph Tacopina says that it takes a combination of factors to make a successful criminal defense attorney.  “My formula to success is passion and hard work.  You have to work incredibly hard, and for me it took many years to even work into becoming a defense attorney.  I often spent days and nights putting myself into networking situations.”

In order to become a defense attorney who would know how to try cases, and with no connections to any attorneys, Tacopina—now described as the “Rocky Balboa of criminal defense law”—first became a prosecutor with the Brooklyn District Attorney's office.  When he opened up his own criminal defense practice, he knew he'd have to attract clients somehow, even in one of the most competitive markets in the country.

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“One way I decided to make a name for myself was to represent police officers who were charged for various crimes, for a very minimal fee, these were cases the public focused on,” Tacopina told laws.com in a recent interview.  “Knowing that these cases would be watched very carefully, I had enough confidence in myself to know that if I did my job well, some sense of recognition would evolve.”

Being a criminal defense attorney has meant defending some notorious defendants who've received extensive press coverage—most recently, the “rape cops” who were accused of raping a woman while on duty.  These high profile cases bring their own challenges to the practice of law, according to Tacopina.  Although this case brought its challenges, Tacopina won an acquittal for his clients on the most serious charges of rape and burglary.

“When someone takes on a high profiled case, you are fighting two battles.  One inside the courtroom, and the other outside,” he says.  “You have to make sure you balance the playing field as much as possible, because people are quick to jump to conclusions.”

Tacopina says that he has no interest in practicing other types of law.  “When I was first starting out as a lawyer, people kept telling me to work for a big corporate firm because according to them, that is where an  attorney like myself would be successful in.  But that wasn't what I was interested in—I would rather be working at a bar or coffee shop in Rome instead of working for a big corporate law firm.”

Still, the 21^st century has brought new challenges for defense lawyers across the United States.  “The internet has been used as a tool for those involved in the trial to do their own research, which is prohibited and wrong because you don't know if you are getting the correct information,” says Tacopina.  

While in some high profile cases, juries are sequestered, sequestration is relatively uncommon, and jurors who go home can do things they shouldn't, according to Tacopina.  “As a defense attorney, all I can do is hope that the jurors follow the regulations, but unfortunately there is a lot of information out there, and it is a challenge to monitor them.”

Joseph Tacopina has been recognized for his hard work by the most prestigious publications of the country. The New York Times wrote  "Mr. Tacopina is to defense bar what Donald Trump is to real estate." The Wall Street Journal ranked him among a group of top criminal defense lawyers.  But despite having achieved numerous honors and recognitions he says he doesn't need to be in the spotlight to be worth giving it his all.  “When I work on a case, it automatically becomes my most important case, because I have that person's life in my hands.  If you don't take a case seriously, then you aren't going to be successful and you really shouldn't be doing this.  This is not to be taken lightly.  If an attorney only starts focusing on cases that are high profile, then they are really failing in their obligations.”

Today, Joseph Tacopina is senior partner at The Law Offices of Tacopina Seigel & Turano, P.C. based out of midtown Manhattan that focuses on criminal defense, civil, and securities litigation.  His civil practice has succeeded in numerous personal injury, commercial and employment litigation cases.  To learn more about Joseph Tacopina and his practice please visit www.tacopinalaw.com. 

New York, NY—While some people only realize they want to be part of the criminal law world once they're already in law school, trial has been in defense attorney Matthew Galluzzo's blood for much longer.

“I can remember as a fifth grader organizing a criminal trial for a classmate who had committed some perceived infraction on the playground,” he told laws.com in a recent interview.  “I assumed the role of prosecutor, grabbed a witness, and drafted a couple other kids to be the judge and the defense attorney.”

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Galluzzo's first foray into the world of criminal law didn't work out: “Unfortunately, my trial lasted about two minutes before the other kids got confused and distracted and ran off.  But I think back to that vivid memory and laugh—maybe I was born to be a criminal lawyer?  To be sure, I always loved the drama of the courtroom.”

After holding a job at the Manhattan District Attorney's office after graduation, Galluzzo started his own firm with a partner.  “My first 'big case' was my first trial as a defense attorney,” he explains.  “I was representing a man accused of robbery, and his criminal record was so significant that he was facing a potential life sentence on conviction.”

Instead of serving life, the man served just two years—“My client wept tears of joy, and I felt a unique combination of joy, relief, and exhaustion.  It was my first trial as a defense attorney, but it still remains one of the real highlights of my professional career.”  He and the client remain friends to this day, corresponding with letters and having lunch together from time to time.

Today, criminal defendants face a major challenge due to the underfunding of public defense attorneys, according to Galluzzo.  “Their work is undervalued and their agencies are simply underfunded,” he says.  “To me, the criminal justice system would be much more fair if we hired more qualified public defenders and paid them better.”

Galluzzo offers a unique piece of advice for would-be criminal defense attorneys.  “I speak and write French fluently, and it has proven to be an enormous advantage to me in terms of winning clients,” he says.  “I think foreign language skills are seriously underappreciated in this business, and I highly recommend that anyone interested in becoming a criminal defense attorney either develop skills in a second language or improve upon existing ones.”

In his firm, Galluzzo says that he chooses to represent clients based on more than just the bottom line.  “Though I can't afford to only represent people who can't pay reasonable retainers, I'd honestly rather represent a reliable and level headed client without much money than defend an obnoxious and irrational client with a lot of money.”

When trying to decide whether to go to trial, Galluzzo says that it's his opinion that innocent people should never take a plea deal, regardless of the circumstances.  “Otherwise, I think it can be a good idea to go to trial if the defendant has a reasonable chance of winning, or if the defendant does not have too much to lose.”

The secret of happy attorneys, according to Galluzzo, is getting great partners.  The two other attorneys at Galluzzo's firm, he says, “give me tremendous confidence in our work.  We really enjoy each other's company, and I consider themselves to be my brothers at this point.  Also, we bring different skills and perspectives to the table, and that gives our firm an unusual amount of flexibility and versatility.  I feel very fortunate to be part of such a great team, and I know that I would not be as happy or as successful as a solo practitioner.”

Matthew Galluzzo is an aggressive and accomplished litigator who cares deeply about his clients. He has experience representing high-profile clients in high-stakes matters and gets outstanding results under pressure. His clients often rave about him and routinely refer their friends and loved ones to him. He specializes primarily in criminal defense, appeals, civil rights, and civil litigation. To learn more about this reputable New York Criminal Defense Attorney and his practice.

Galluzzo & Johnson LLP is located in the historic Bank of New York Building at 48 Wall Street in the heart of the financial district in downtown Manhattan.  To learn more about him, visit www.gjllp.com/

Waukesha, WI—Anthony Cotton first realized that he wanted to become a criminal defense attorney while working thousands of miles from home.

“It happened when I was working in East Africa investigating war crimes,” he told laws.com in a recent interview.  I realized how powerful the state could be when prosecuting someone for a crime.  In the United States, there is more of an impact when the government is prosecuting someone for a crime.”

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Cotton says that criminal defense is in his blood: “Both my mother and stepfather practice criminal law.  I grew up witnessing how injustice could happen and how innocent people can be prosecuted.  I practice criminal law for the right reasons, to defend those wrongly accused of a crime.”

Defendants in the United States, according to Cotton, face major obstacles that are largely economic and financial in nature.  “Their biggest challenge is to make sure there is sufficient funding available to hire a defense attorney,” he says.  “Today, there is a lack of funding at the state and federal level to provide those accused of a crime with a proper defense.  This causes defendants to face delays in their cases.”

Starting out as a criminal defense attorney isn't easy, says Cotton.  “Any law student who wants to practice criminal law has to be prepared to work 100 hours a week.  Be prepared to have a very limited social life during the formative years of your practice.  In the beginning, you're earning a very small amount of money and working long hours.  Sometimes you have to go see clients in jail and be available 24 hours a day.  Crime doesn't take a break!”

Justice matters to Cotton, who says that he'll sometimes reduce his fees significantly for clients accused of disorderly conduct.  “I take a lot of cases for people who are charged with disorderly conduct because of things they may have said.  To me, it's wrong to charge someone based on the content of their speech, because they are entitled to exercise their right to freedom of speech.”

To Cotton, the most rewarding experience as a criminal defense attorney is successfully getting an acquittal, especially for a high profile case.  “Just recently,” he says, “I resolved a case that lasted 3 years, for a man who was falsely accused of animal abuse and sexual assault.  We were able to clear him of all charges, with no criminal conviction.  It was extremely rewarding, because my client was unfairly prosecuted based on weak evidence.”

The vast majority of cases today end with plea deals, not trials, and Cotton understands why.  “Nine times out of ten, the prosecution has more resources than the defense,” he says.  “Lack of financial resources can be another reason why a defendant may choose to accept a plea deal.”

Additionally, according to Cotton, some defendants simply feel overwhelmed by the charges.  “Today, there are myriad crimes a prosecutor can charge someone with—and it makes it extremely risky to go to trial.  Defendants feel hopeless at times.”

However, Cotton says that this is all the more reason to make sure that if someone is charged with a crime, they find the right lawyer: “The best attorneys I know,” he says, “do not believe there is a hopeless case.”