Federal prosecutors claim the 52-year-old managed a theft ring of "professional thieves" over a two-year period. He is accused of paying other people to steal products from western Pennsylvania retail stores. Allegedly, he would then purchase the stolen property from the thieves and resell the items at an auction in Ohio. This activity supposedly went on from 2008 to 2010.
]]> However, the federal indictment did not indicate exactly what sort of property the man allegedly paid for and sold, nor were the locations of the supposed thefts revealed.Pittsburgh residents should know that even an allegation of this nature can have a detrimental impact on the life of the accused. If a conviction results from the federal charges, the consequences can be even grimmer. In this man's case, he could face up to 15 years in prison, a monetary fine of up to $500,000 or possibly a combination of both.
Unfortunately, in addition to those consequences, federal crimes allegations mean the accused individual must face federal prosecutors who have a multitude of resources at their fingertips.
Typically, federal prosecutors press charges after gathering a considerable amount of evidence against the defendant. To protect their freedom, it is invaluable for individuals accused of federal crimes to fully utilize their own available resources for combating the allegations against them.
Source: Beaver County Times, "New Brighton man indicted for running theft ring," J.D. Prose, May 8, 2012
]]>According to the indictment, the Portersville woman's alleged embezzlement occurred between 2004 and 2010. She is accused of embezzling over $1,000 from the Lawrence County School Employee Federal Credit Union. This was her place of employment. She served as the assistant manager.
In addition, she is being accused of tax evasion during a timeframe spanning from 2006 through 2009.
]]> In addition, she is being accused of tax evasion during a timeframe spanning from 2006 through 2009.According to regulations, this type of crime can lead to a sentence of up to 50 years in prison. In addition, it could also result in a $2 million dollar fine. However, the eventual sentence in any case will be based on the seriousness of the crime one is convicted of and prior criminal history.
These types of accusations, even if they never result in a conviction, can do severe damage to the reputation of the accused individual. It is important for those facing accusations of white collar crime to be informed of a few key pieces of information:
An accusation of embezzlement can be particularly serious. Although the accused may not feel that they have done anything wrong, by the time the accusation is made the employer and authorities have reviewed paper and electronic records and likely feel they have the information they think they need for a conviction.
Since there has already been so much information gathered before the accusation, it is extremely important in the case of embezzlement to understand that authorities cannot force someone to speak without first consulting with an attorney.
Source: The Cranberry Patch, "Butler County Woman Charged with Embezzling From Credit Union, Tax Evasion", May 1, 2012
]]>Law enforcement officials say the suspect took $2.3 million from the armored car and fled out of state about two months ago. After a recent tip was called in to Pittsburgh police, the young man was located in Florida. He will now be returned to Pittsburgh for trial.
]]> Authorities say they found the 22-year-old's company-issued handgun and one other firearm when he was arrested at a home he was renting. Law enforcement also seized roughly $1.4 million in cash that was kept in two separate locations in the town where the man was arrested.In addition to charges of homicide, theft and robbery, he is facing a couple of federal crimes charges related to the Hobbs Act. Specifically, he is charged with robbery affecting interstate commerce and using a firearm in a crime of violence.
Being convicted of breaking federal weapons laws can bring serious consequences, and Pittsburgh residents don't need to be told that homicide, robbery and theft charges can carry severe penalties upon conviction.
Still, no matter what crimes a person is charged with, all defendants in criminal cases deserve their day in court. The Constitutional rights of the accused must be upheld. Protecting those rights for individuals who are facing the worst of charges in effect protects all Americans' civil rights.
Source: Pittsburgh Post-Gazette, "FBI: Konias captured in Florida with guns, $1 million cash," Moriah Balingit, April 24, 2012
]]>The 34-year-old could face extremely severe sentencing in part because he pleaded guilty in 2010 to felony drug crimes in Westmoreland County. Since he was convicted of a crime that is punishable by a prison term of more than one year, federal law prohibits the 34-year-old from possessing a firearm.
]]> However, according to authorities, he was found to be in possession of a .22-caliber rifle around Independence Day 2010. The potential consequences for this crime, if convicted, are very serious and could impact the man for the rest of his life. The maximum sentence is lifetime imprisonment, a fine of up to $250,000 or potentially both.The actual sentence in a federal criminal case such as this one is determined based upon the defendant's criminal history, if there is one, and the seriousness of the alleged offense under Federal Sentencing Guidelines. In this case, the FBI conducted an investigation that led to the allegations against the 34-year-old.
Although he has already pleaded not guilty to the charges against him, accusations of this nature should always be taken seriously, just as the circumstances of an arrest should always be closely scrutinized with a view toward a reduction or dismissal of charges.
Source: Westmoreland Times, "Man charged with illegally possessing rifle," April 16, 2012
]]>In the early-morning hours of March 31, authorities again pulled the man over in his own vehicle and charged him with DUI. This time, the man's blood-alcohol level was allegedly 0.08 percent, which is precisely the legal limit for driving after consuming alcohol. Readers in the Pittsburgh area may be interested to know, however, that Pennsylvania's legal limit for blood-alcohol levels while driving a commercial motor vehicle is considerably lower -- only 0.02 percent.
]]> Penalties for a DUI conviction can be very harsh and often include the following:Although the consequences of a drunk driving conviction are severe, there are alternatives to even the most serious punishments. Mitigating circumstances often result in a reduction or even dismissal of charges, and sentencing can be reduced through negotiations and plea deals. Here are a few of these potentially negotiable alternatives:
In addition to exploring the alternatives to the standard consequences for a DUI conviction, it is important to determine whether the arresting officer followed the appropriate legal procedures. Most importantly, a police officer must have reasonable suspicion to pull over someone for drunk driving. If this reasonable suspicion did not exist, the charges may be dismissed or expunged from the accused individual's record.
Source: Star Tribune, "Since-fired western Pa. school bus driver charged with drunken driving twice within 17 hours," April 2, 2012
]]>The 29-year-old will face sentencing for allegedly participating in a drug trafficking conspiracy that authorities said involved cocaine and methamphetamines. The charges also include possession with the intent to deliver. He could face a prison sentence ranging from 10 years to life, as well as a monetary fine of up to $4 million. Because he is a Mexican national, the 29-year-old could also be deported. The supposed conspiracy took place in Schuylkill, Dauphin and Berks counties in 2011.
]]> Readers in Pittsburgh should be aware that the consequences of a drug crime conviction may include deportation, large monetary fines, prison, probation, community service or eviction. In addition to these possibilities, a felony drug conviction may come with a mandatory minimum sentence with no allowed alterations.In many drug trafficking cases, authorities accumulate evidence over an extended period of time, and by the time charges are filed, the defendant is caught off guard by numerous law enforcement agencies. Prosecutors then may have enough evidence to convict, and a solid plea agreement is the best option.
That is why people who even suspect they are the subject of a drug investigation should be fully aware of their rights. There is no law saying that individuals cannot seek legal consultation before charges are filed, and there is no law saying that a drug charge necessarily leads to conviction. Authorities tend to file charges that could yield the most severe penalties, and a reduction of those charges is often a feasible goal in defending against them.
Source: WHPTV.com, "Berks County man pleads guilty to multi-county drug conspiracy," April 4, 2012
]]>A botnet is a system of computers that work together to commit identity theft and fraud by gathering personal information, such as bank account numbers, from other computers. In the recent raid in Pennsylvania, Microsoft employees and federal authorities worked together to deactivate web servers and take control of web addresses that supposedly played a part in a botnet scheme.
]]> These types of investigations and raids on facilities are becoming more and more common. This recent incident is the fourth in the past couple of years. What is very disturbing about these raids is that the courts are issuing orders and warrants to Microsoft -- a private company -- without any forewarning to the property owners. It is claimed that the secrecy is essential to the success of the law-enforcement strategy.But authorities and Microsoft admit that the goal of these raids is simply disruption. The raiders do not believe it is possible to actually stop the work of a botnet without finding the coders who have set up the systems or without prosecuting the coders' clients, and the coders and clients remain elusive.
Either way, Microsoft and federal authorities continue to focus increasingly on Internet crimes. But that doesn't relieve prosecutors of the burden of showing that a person accused of an Internet crime had criminal intent.
In the case of a botnet, prosecutors have to show that the so-called brains behind the operation intended to transmit a virus. Often in an Internet crime case, a prosecutor will presume the existence of criminal intent. However, mere presumption is not the same as proof, making it important to determine where the prosecutor's assumptions lie and where the facts begin.
Source: The New York Times, "Microsoft Raids Tackle Internet Crime," Nick Wingfield and Nicole Perlroth, March 26, 2012
]]>According to a recent news report, four Pennsylvania men have pleaded guilty to orchestrating a mortgage fraud involving $30 million in bad mortgage loans. The prosecutors in each of the cases accused the men of a range of crimes, including wire fraud, money laundering, mail fraud, bank fraud and conspiracy.
]]> One man from Pittsburgh was said to have closed about 30 mortgage loans for his business partner between June and December in 2008. His partner, who is from Conshohocken and was the last to plead guilty, faced a 15-count indictment.He owned and operated a foreclosure rescue company from 2006 to 2009. Prosecutors accused him and his partners of using fraudulent documents to get mortgage loans to steal the equity in homes. His sentencing is scheduled for June 27.
The other two men previously pleaded guilty to a number of charges against them. All four were originally charged in December 2010, illustrating for Pennsylvania residents the amount of time criminal proceedings can sometimes take.
When individuals are accused of white collar crimes, the evidence used by prosecutors is often quite complicated, meaning there could be mitigating circumstances that result in a reduction or dismissal of charges.
In addition, the decision by these four men to plead guilty was likely made in the interest of possibly lessening the court's sentencing.
Source: Philadelphia Business Journal, "Montco mortgage broker pleads guilty in $30M scheme," Jeff Blumenthal, March 20, 2012
]]>The results of that test and whether the Breathalyzer was calibrated correctly were not mentioned in the news report, but police proceeded to charge the woman with driving under the influence and five counts of child endangerment. The woman was taken into custody, and the children were put into the custody of family members.
]]> According to a state trooper, the children in the car weren't wearing their seatbelts properly, and one 7-year-old was not in a state-required booster seat.As readers in the Pittsburgh area may know, the penalties for driving under the influence in Pennsylvania are very serious. Some of these penalties include the following:
Everyone who is accused of a crime has rights, however, and it is important that no one's rights are trampled in the type of situation this woman is facing. There are often mitigating circumstances that allow a defendant to achieve certain alternatives to what could otherwise be a harsh sentence. One alternative might be to wear a monitoring bracelet or anklet instead of serving jail time. Or a deal for work release or house arrest could be reached in lieu of a jail sentence.
In addition to lowering the penalties for DUI, certain circumstances may even lead to the legal suppression of badly obtained evidence, as well as the charge being expunged from the accused individual's record. All of these options may be worth exploring for anyone who is accused of DUI.
Source: WPXI Pittsburgh, "Woman with 5 kids in car charged with DUI," March 12, 2012
]]>After authorities discovered the so-called meth lab, they arrested two of the men. A third man was immediately sent to the hospital for treatment, with police claiming that he was "severely under the influence of a controlled substance."
]]> The arrests resulted after two of the men were stopped by police while walking near the hotel. The police said the men were walking too close to a white fog line. Upon stopping the men, authorities claim they noticed the men were carrying pocketknives and seemed impaired by a substance. How the arresting officer saw that the men were carrying pocketknives (presumably in their pockets) was not made clear in a local news report.However, a search of the men ensued, and according to the police report, powdered methamphetamine was found on one man. The report states that needles and sheets of paper with instructions on how to make meth were found on the other man.
During questioning, one of the accused men apparently disclosed that they were staying at the local Budget Inn. When officers went to the room, they were apparently given permission to search by a third man.
The search was said to reveal paraphernalia and equipment used to manufacture crystal meth. A small amount of the drug was also found.
As these young men are likely discovering, even being accused of drug crimes can be a life-altering situation. But people who are facing such allegations should remember that not everyone who is accused of a drug crime is guilty. In many cases, there are mitigating circumstances that can result in a reduction or even a dismissal of charges. Being fully aware of one's rights under Pennsylvania and federal law is a solid first step toward the best possible resolution.
Source: The Record Herald, "Methamphetamine lab found at Budget Inn in Chambersburg," Denise Bonura, March 5, 2012
]]>The allegations are in part the result of a police raid on a house in April 2010. There, police claim to have found heroin, crack cocaine, powdered cocaine, Hyrdrocodone pills and marijuana. In addition to the federal drug charges, authorities charged the man with a weapons violation after two semi-automatic handguns and a revolver were seized at the residence.
]]> Police have accused him of selling heroin and cocaine during a two-week span. The defendant has been convicted previously on a felony charge, so he is not allowed to possess the guns that were discovered in the house. Whether those weapons belonged to the accused man remains to be seen.The man could face fines of up to $3.2 million and up to 70 years in prison, and if the charges are not handled carefully, they could be very harmful for the remainder of the accused individual's life.
Conviction of a federal drug crime can lead to an array of consequences ranging from probation to large fines to loss of employment to prison time. A federal drug conviction can also result in loss of property and monetary assets.
Most people wait until they have been charged with a crime to seek legal advice, but anyone who even suspects that federal or state authorities are conducting a drug investigation should move quickly to take the necessary legal precautions. Most federal criminal cases result in conviction, but that doesn't mean a reduction of charges or a dismissal isn't possible, and Pennsylvania residents may do well to explore all of their options.
Source: pittsburghlive.com, "Tarentum man indicted on drug charges," Chuck Biedka, Feb. 24, 2012
]]>The company makes approximately $15 million annually in sales. That means authorities have accused the man of embezzling up to a third of the company's annual financial profits.
]]> According to a local news report, the drilling company's controller requested to meet with a state trooper to consider filing allegations against the 51-year-old employee. The controller claims the man told her to issue checks for him and for non-existent companies. Interestingly, the controller also admitted to making checks out to herself upon direction from the man who now stands accused. However, she is currently not charged with any crime.Often, accusations such as embezzlement come as a surprise to the accused. It is possible that the man in this case felt the allegations against him came out of nowhere, but it is also possible that he was the subject of an ongoing investigation for many months.
In cases like this one, it is important that the accused does not make any undue representations concerning his participation, or lack thereof, in the alleged embezzlement scheme. Any poorly chosen statements may be used against him by the prosecution, making the case more complicated from the standpoint of a criminal defense. In short, everything disclosed to the individuals who are accusing the man should be carefully considered.
It is also important to remember that mere accusations of theft and embezzlement can quickly tarnish a person's reputation and damage relationships with business partners and peers. To protect future job prospects, Pennsylvania residents who have been accused of such crimes would do well to explore all of their legal options to ensure that the rights of the accused are upheld in a court of law.
Source: Post-Gazette, "Possible federal charges in drilling firm embezzlement case," Moriah Balingit, Feb.15, 2012
]]>In addition to the charges of DUI and homicide by vehicle, the trooper also faces charges of careless driving, reckless driving, disregarding a traffic lane, and involuntary manslaughter. He is currently suspended without pay while the investigation continues.
]]> Since someone died in the car accident, the state trooper's case is no longer a misdemeanor situation. The charge of homicide by vehicle while driving under the influence is extremely serious, and prosecutors typically pursue the charge with aggression. They will push hard to obtain a conviction in a case such as this one.Given the severity of the potential consequences, it is essential for the state trooper to put forward a strong defense. In such cases, a criminal defense attorney can help ensure that accused individuals understand their rights. A criminal defense attorney can also work to reduce the charges before the court by calling into question the circumstances of an arrest, and by placing the full burden of proof squarely on the prosecution. Anyone accused of DUI -- felony or misdemeanor -- must be presumed innocent unless or until proven otherwise by evidence that is admissible in a court of law.
Source: post-gazette.com, "State trooper arraigned on homicide-by-vehicle charge," Moriah Balingit, Feb. 9, 2012
]]>Recently, a 26-year-old Pittsburgh man stood before a federal grand jury and was indicted for federal drug charges and federal weapons charges. The man is accused of possession of crack cocaine, a sawed-off 20 gauge shotgun, a 9 mm semiautomatic pistol, a 22LR semiautomatic pistol and ammunition for all of these weapons.
]]> This Pittsburgh man's indictment is only an accusation of committing the federal drug and weapons crimes. However, because of his previous convictions and the seriousness of the potential consequences, it will be important for him to obtain a strong criminal defense. A meaningful and strategic defense plan could help him to receive a reduced sentence and pay lower fines. A skilled attorney can also ensure that the defendant's rights are respected, and that the prosecution is strongly challenged to prove each element of its case.If convicted, the young man could face 20 years to life in prison. In addition, he could also be subject to any of the following:
In the case of federal drug charges, law enforcement officials might be able to seize personal property and assets which they have reason to believe were acquired as a result of the violation of drug laws. But an experienced attorney can challenge the actions of the investigating authorities to ensure that there is not an abuse of power and that the accused individual receives proper treatment through the course of the investigation and court battle.
Source: pittsburghlive.com, "Edgewood man indicted on federal drug, gun charges," Feb. 5, 2012
]]>It was said that the driver was subjected to field-sobriety tests, though what kind or where the tests were administered (on rough terrain or concrete) was not indicated in a local news story. In any case, the officer reported that the man failed the field-sobriety tests. He was then arrested for DUI and taken to the hospital for a blood-alcohol test, which was still pending more than a week after the young man was arrested. He has since been released from jail.
]]> It's no secret that the circumstances of an arrest can result in charges against a person being reduced or even dismissed. However, the consequences of being convicted of a DUI can be serious. For example, someone who is convicted of drunk driving could be subject to monetary fines, jail time, driver's license suspension or revocation, as well as orders to attend drug or alcohol rehabilitation programs.The issuance of specific penalties depends on numerous factors.
However, with the right defense, there may be alternatives to the above-stated consequences. The appropriate negotiation skills could lead to less severe alternatives and, in cases concerning jail time, reduced sentences.
If jail time is a potential consequence, a strategic criminal defense may be able to eliminate jail time and substitute it with one of the following consequences:
•· House arrest with a monitoring anklet or bracelet
•· Rehabilitation programs for first-time DUI convictions
•· Alternate housing
In addition, given the right circumstances, the appropriate negotiation tactics may even lead to the dismissal of the DUI charges.
Source: Dormont-Brookline Patch, "Brookline Man Charged with DUI in Baldwin Township," Robert Edward Healy, III, Jan. 28, 2012
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