In such cases, individuals send mass emails to prospective victims notifying them of the possibility of collecting a windfall from lottery winnings or inheritance, and directing them to submit information for "fees" to claim the nonexistent windfall. Over the past several years, the number of complaints received by the Internet Crime Complaint Center for such fraud schemes is around 300,000.
]]> As can be seen from a brief perusal of its website, the FBI keeps close tabs on the various types of fraud schemes circulating on the Internet. Because of the widespread occurrence of such fraud schemes, the FBI takes investigation of them very seriously and pursues them aggressively. When the results of an investigation are handed off to a federal prosecutor, they also pursue the charges aggressively.In fraud cases, prosecutors have a heavy burden to prove, and they know it. To make their case, they will often present an overwhelming amount of information. In defending oneself against such charges, it is imperative that a defendant sort the evidence out and carefully challenge prosecutors wherever their evidence doesn't support the conclusions and assumptions they offer at trial. In some cases, what looks like fraud is not actually fraud, and it is important for defendants to build a strong defense where the prosecution's case is weakest.
Source : Star Tribune, "An oft-used type of online fraud: FBI impersonation scams ," Pete Yost, May 10, 2012.
]]>Over the last ten years or so, about 30 states have passed laws making non-fatal strangulation a felony crime. Historically, strangulation is hard to prosecute due to the lack of physical evidence. In cases where strangulation is prosecuted as attempted murder, defendants are often only trying to scare their victim, not murder them, which has creates more problems for prosecution.
]]> The trend of passing harsher penalties for strangulation is supported by anti-domestic violence advocates, who say current penalties in many states are not harsh enough. But some states have faced opposition to proposals for such laws. According to many defense attorneys, current penalties are already harsh enough, and passing harsher laws could create the risk of over-prosecuting the crime.From a defense attorney's perspective, such laws are not only unnecessary and risky, but also a misplacing of effort and resources. Instead of making use of already existing resources, such laws may encourage the use of prosecutorial power at the expense of discretion.
Like other attempts to crack down on domestic violence, harsher strangulation penalties carry the risk of increased punishments for those who have been wrongful accused or whose motives or actions haven't been properly investigated.
Source : Star Tribune, "States pursuing tougher laws for strangulation attempts amid concerns offenders get off easy ," Eric Tucker, May 13, 2012.
]]>According to the report, the most common complaints received last year were FBI-related scams where criminals posed as FBI officials in order to defraud victims with identify theft and advance-fee fraud.
]]> Minnesota was reportedly not among the top five states for victim complaints. California, Florida, Texas, New York, and Ohio were. In California, victims reported a total loss of $70.5 million, with victims averaging a loss of $4,187.It is clear that identity theft is reported to be a widespread criminal activity, but what may not come so readily to the minds of those who hear these numbers is that each person accused of identity theft or other internet crimes has the right to a defense. Identity theft is a crime which can be prosecuted at both the state and federal level, and can result in serious penalties.
In a criminal trial, there are a number of issues at stake that a defense attorney will pursue. These include testing the evidence used to support the elements of the charges, as well as challenging search warrants used to obtain that evidence, where necessary. It is important to realize that those charged with identity theft are not always fully aware of the extent of the criminal activity in which they are involved. Other possible issues are the circumstances surrounding the criminal activity, including potentially substance abuse and mental health issues, as these may affect the direction of one's case.
Whatever the case may be, identify theft charges are serious, and anybody facing them deserves a vigorous defense.
Source: Government Security News, "Internet crime complaints top 300,000 for third year," Mark Rockwell, May 11, 2012.
]]>The regional facility, which obtains funding solely from Olmsted County, has made the decision during a time when an increasing number of juvenile detention centers are disappearing due to tight budgets and downsizing. The budget cuts also coincide with a reported increase in serious crime regionally, largely due to an increase in juvenile crimes. And while the possibility of closing has been ruled out for now, it isn't clear what the future will hold.
]]> Talk of closure has reportedly been going on for years. If the facility were to close, the next closest detention center would be the one in Red Wing, 90 miles away. Should that happen, there would be extra challenges for juveniles held in detention. When in custody, children face many of the same issues as adults, though some are unique, particularly how to help them continue their schooling. Some suggestions have been made about moving the facility to the Adult Detention Center in downtown Rochester, though a plan hasn't been mapped out.Decreasing budgets have affected not only the availability of space and resources at the juvenile detention center, but also the judges who handle juvenile matters. Judges are increasingly facing the important question of whether to have a child who comes before them held at a detention center or released back to the public. Decreasing budgets have also led to decreasing sentences
The lack of resources available to juvenile delinquents is, by all accounts, unfortunate. When a juvenile is charged with criminal activity, the law has a different goal than it does with an adult who is charged. With juveniles, it is important to mobilize resources toward the goal of helping young people get back on the right track. This takes place not only in defending them from inappropriate consequences for criminal charges, but also in giving them proper support services.
Source: KIMT, "Special Report: Juvenile Detention," April 26, 2012.
]]>Under the bill, $660 million would be set aside for domestic violence shelters and police training through 2016, with the goal of increasing resources for prosecuting offenders and providing assistance and protections for victims.
]]> The law, which was first enacted in 1994, has been praised for reducing the incidence of domestic violence by 50 percent. Of course, everybody would like to see a reduction in the incidence of domestic violence, but such statistics are usually questionable in one way or another. From a defense attorney's perspective, it is worth asking what types of programs and policies law enforcement agencies have adopted in the interest of battling domestic violence.Those familiar with domestic violence incidents know that there can be a good deal of misunderstanding as to what actually took place in an incident. Very often, domestic violence incidents arise out of the complications of a relationship in which both parties are at fault. Of course, certain actions will be illegal regardless of the context in which they occur, but police investigation of such incidents is, unfortunately, not always as concerned as it should be with getting to the truth of the matter, and is often more interested in making an arrest and citing a perceived offender.
Fighting real domestic violence is something everybody should be able to get on board with, even those on competing ends of the political spectrum, but it shouldn't be forgotten that not everybody charged with domestic violence is guilty of the crime, and that not everybody convicted of domestic violence deserves the same degree of punishment. Those accused of domestic violence are innocent until proven guilty, and they have rights that are worth defending.
Sources:
Bloomberg, "U.S. Senate Passes Aid to Victims of Domestic Violence," Kathleen Hunter, April 27, 2012.
Saint Cloud Times, "Klobuchar talks domestic violence prevention today in St. Cloud," May 2, 2012.
]]>The Bloomington City Attorney's Office has reportedly submitted charges of gross misdemeanor rioting in the third degree against four men, two from St. Paul, one from Minneapolis, and another from Columbia Heights. Four juveniles have been charged with the same crime by the Hennepin County Attorney's Office. In total, 19 have been charged with rioting, disorderly conduct and trespassing.
]]> Interestingly, Bloomington police made use of video not only from mall security, but also from Youtube.com shot by cell phones.Rioting in the third degree can be charged where three or more persons are assembled and disturb public peace by intentionally acting or threatening unlawful use of force or violence either to another person or property. Such a charge can result in up to a year imprisonment and/or a fine of up to $1,000.
In charges involving disruption of public peace, it sometimes happens that people are in the wrong place at the wrong time, or are involved with a group that is found guilty of such charges, but without a solid foundation. In some cases, police cite individuals for such offenses when they cannot cite them for anything else. Whatever the case may be, prosecutors are not going to be interested in letting defendants off the hood. For juveniles, there may be the possibility of having the charges dismissed following a probationary period. Whatever the case may be, it is important for defendants, especially juveniles, to build a solid defense against unjust charges.
Source: Star Tribune, "19 charged in roving melee at MOA," April 23, 2012
]]>During testimony this week, Amy Senser has defended herself against the charges, saying she believed she hit a construction barrel or a cone. In response to prosecutors arguments that a traffic cone or barrel would have significantly less impact than a human person, Senser's defense attorney questioned whether Senser had the proper experience and knowledge to effectively be able to discern the difference.
]]> The accident, which reportedly took place on an exit ramp in Minneapolis, reportedly threw the victim's body between 40 and 50 feet. The victim had apparently stopped to refill the empty gas tank of his stalled vehicle.Amy Senser's husband and 15-year-old daughter both testified at trial. Her daughter apparently testified that her mother told her she had "had a sip of something" the night of the accident. Joe Senser testified at trial that the morning after the accident he noticed damage to the vehicle, but did not see blood.
In this case, it is not clear at all that Senser had been drinking and driving the night of the accident, as prosecutors hope to suggest.
Source: Pioneer Press, "Amy Senser hit-run trial: She said she 'had a sip of something,' daughter testifies," Emily Gurnon, April 27, 2012
]]>Last week, the Minnesota Court of Appeals upheld a$30 million fraud ruling against Wells Fargo issued by a Ramsey Country District Court jury back in June 2010. That ruling reportedly stemmed from allegations that the bank breached its fiduciary duties to four Minnesota nonprofits and violated the Minnesota Consumer Fraud Act.
Sources said that The Minneapolis Foundation, Minnesota Medical Foundation, the Workers' Compensation Reinsurance Association, and the Robins, Kaplin, Miller Ciresi Foundation for Children all accused Wells Fargo of investing their money in overly risky securities, and that the Wells Fargo failed to inform them of problems with the investments until it was too late to pull their money out.
]]>As our readers know, fiduciaries owe certain duties to those whom they serve. That said, investment banks cannot predict market performance with complete accuracy. Their duty is to provide investors sufficient information to evaluate the security of their investments, based on the bank's interpretation of future performance. Banks cannot be held liable for merely being incorrect about market performance. Breach of fiduciary duty occurs when the information presented to the investor is false, inaccurate or inaccurate.
But charges of fraud go beyond breach of fiduciary duty. In this case, they fall under the Minnesota Consumer Fraud Act, which applies to a number of activities, including fraud, false pretenses, false promises, misrepresentation, misleading statements, and referrals or chain selling. Allegations of breaching fiduciary duty tend to be easier to prove than charges of fraud, because the claimant doesn't need to prove fraudulent intent or any of the other elements that need to be proven in fraud cases.
Those accused of fraud need to understand that charges are only that--charges. Depending on the case, there may be a number of defenses available, particularly with respect to proving intent to deceive. There may also be affirmative defenses available. Whatever the case may be, consulting an attorney is the first step in building the best defense possible against charges of fraud.
Source: MPR News, "Minn. Appeals Court upholds $30M Wells Fargo fraud ruling," Alex Friedich, April 18, 2012
]]>All of this is, of course, intended to go toward proving to the court that the defendants had the intent of deceiving investors, and should therefore be convicted of fraud.
]]> It is interesting that, in response to a request by one of the defense attorneys in the case, the judge has ordered prosecutors to focus less on negative character evidence and more on the relevant facts of the case.Prosecutors in the case, intent on generating feelings of compassion, reportedly plan on parading numerous dejected investors into court, claiming that "the victims must be heard."
It isn't clear how the defendants will respond to the fraud charges-defense attorneys do not share details of their cases with the public the same way prosecutors do-but the media is saying they are expected to blame Trevor Cook, the man who allegedly spearheaded the scheme. Time, of course, will tell what speculation will not.
One of the things to realize about prosecutors is that they will do whatever they can to prove their charges and construct a story leading to a conviction. Not necessarily interested in accuracy, their goal is to convince a court of the defendants' guilt. In fraud cases, intent to deceive can be difficult to prove, and prosecutors will draw on anything and anyone that will serve the cause.
Because of these tactical challenges, it is import for those accused of fraud to act quickly to build a strong defense.
Source: Star Tribune, "Massive fraud scheme heads to trial," Dan Browning, April 15, 2012.
]]>As the Strib notes, each of the defendants has been charged with numerous counts of wire and mail fraud, money laundering and conspiracy. Two of them face several tax charges, and one faces a charge of concealing cash transactions.
]]> Specifically, the men have been accused of conspiring with Trevor Cook, a 39-year-old Apple Valley man currently serving a 25-year-long sentence on fraud and tax charges.Prosecutors are contending that over 700 investors were affected by the international scam, which allegedly began in 2005 out of the Twin Cities and ran until July 2009.
The story is big news because of the size of the alleged scheme, which has been said to be second in size only to that of Tom Petters.
One of the interesting aspects of the case so far is the prosecutors' excitement to point to the faults of the defendants and translate that into evidence of guilt. Prosecutors, ever willing to share the dirty details with media sources, have claimed that the evidence will show that the defendants had no reason to believe they were working for a bona fide investment program because of certain activities in which the defendants were involved and because of their backgrounds. That, of course, will be for the jury to decide.
In our next post, well continue looking at this topic, and offer some comments about the way prosecutors are approaching the case and speculations about how the defendants may respond.
Source: Star Tribune, "Massive fraud scheme heads to trial," Dan Browning, April 15, 2012.
]]>The program apparently calls for a trial date to be set within three months of a defendant's first appearance in court. Sources said that, because prosecutors are able to assure domestic violence victims that their case is on a fast track for trial, victims recant less and make fewer requests to modify or altogether drop no-contact orders. The program also reportedly helps victims by getting them connected to a variety of social services, and helps them become comfortable with the legal process.
]]> Defendants reportedly have new options with the program, and prosecutors are able to suggest various avenues if a defendant is released from jail, including random surveillance intensive supervision, drug testing or home electronic monitoring.The program is reportedly the most comprehensive one of its kind in Minnesota, and may end up becoming a model for others in throughout the state.
An expended process for domestic abuse charges, while helpful to victims, may also be helpful to the accused. In cases where charges aren't supported by the evidence, expediting a case will get the truth out sooner and allow a defendant to get back to their life more quickly.
Source: Star Tribune, "Fast track for domestic violence cases is paying off in Anoka County," David Chanen, March 28, 2012.
]]>At the time of his arrest, the man was reportedly driving 70 miles per hour on the shoulder of Highway 52 and repeatedly driving into the ditch. According to sources, the recent conviction was preceded by 10 DWI convictions, making him a well worn repeat offender.
]]> In Minnesota, DWI can be charged as a misdemeanor (fourth-degree DWI), a gross misdemeanor (third and second degree DWI), or a felony (first degree DWI). The degree of the charge depends on various factors, including prior violations, breath test refusal, and any aggravating factors. A first degree DWI charge, which is punishable with up to seven years in prison and a $14,000 fine, can be issued upon a person's fourth DWI conviction with ten years or anytime following a previous felony DWI or criminal vehicular operation conviction.As our readers know, DWI charges are serious and punishments get progressively harsh with each new offense. Mandatory minimum sentences for repeat DWI convictions range from 30 days incarceration on a second conviction within a 10 year period to one year one year for a fifth DWI conviction within a 10 year period.
For most people, DWI charges are simply a mistake or an occasion of poor judgment. For others, drinking and driving becomes habitual behavior. The former quickly find that DWI charges have some potentially disruptive consequences on one's life. For repeat offenders, consequences become more and more far reaching.
Source: CBS Minnesota, "Rochester Man Sentenced 5 years after 11th DWI," April 6, 2012.
]]>According to County Hennepin Attorney Mike Freeman, most of the cases involved properties in north Minneapolis and Hennepin County, though some involved properties in Ramsey, Sherburne, Carver, Wright, Anoka, Dakota and Washington counties.
]]> Freeman believes that many of the fraud cases involved equity stripping and manufacturing counterfeit documents.Equity stripping refers to the illegal practice of purchasing a property from a homeowner in foreclosure and agreeing to lease the home to the homeowner. Such schemes are often entered into under the promise to help save a person's home from foreclosure. These types of scheme involve the equity stripper obtaining title to a distressed property well below market value, often with the option to buy the home back. Monthly payments, though, are typically higher than they were prior to the sale, and in the end, the victim is usually unable to keep up on payment and is left without any of the equity they invested in their home.
Minnesota was one of the first states in the country to pass a statute prohibiting equity stripping. The law requires verification that the foreclosed homeowner can afford the monthly payments and will actually be able to purchase the home back.
In our day, with many homeowners ready to sympathize with other distressed homeowners and fraud victims, those accused of offenses like equity stripping face an uphill battle. Defendants in such cases do well to consult an attorney to determine how to build the best case in their defense.
Source: MPR News, "50 people charged in fraud investigation," Jessica Mador, April 5, 2012.
]]>According to sources, the incident which gave rise to the shooting involved two teenage boys, ages 12 and 13. The shooting reportedly left the 13-year-old dead, but the 12-year-old survived. If convicted of the first degree murder charge, the young man would face life in prison without the possibility of parole.
]]> Sources also indicated that the teen has had a troubled past. In February, he was convicted of second-degree assault with a dangerous weapon after he beat up his mother and attempted to run over a Columbia Heights police officer with a station wagon in a supermarket parking lot. In that case, he was originally tried in the juvenile system, but was certified in January to stand trial as an adult.In February, he pleaded guilty to the assault charge and was sentenced to a year confinement, though that sentence was stayed and he was placed on probation for five years.
The young man-a gang member-apparently comes from a troubled family troubled with crime and abuse. His father, who was a convicted felon, was killed when he was nine years old, and his mother has two misdemeanor theft convictions.
Juvenile convictions can have a lifelong impact on a young person. In cases like this young man, it is important to remember that, despite their involvement with the law, troubled young people should be assisted in establishing the best foundation for their future. Doing so before serious charges are issued is an important priority.
Source: Pioneer Press, "Teen jailed in Anoka County indicted in killing of Minneapolis boy," 13, 2012
]]>There are some exceptions to the immunity rule, which is built into the state's constitution, and the measure proposes to make drunk driving arrests one of them. The rule, of course, does not mean there are no consequences for lawmakers who commit crimes during a legislative session, only that they cannot be arrested and consequently prevented from voting.
]]> The Star Tribune reports that the measure was prompted by students from Concordia University professor Jayne Jones and one of her students, who had both head and despised references to lawmakers' "Get out of Jail Free" cards.Those supporting the change say that rule, in practice, means that officers may not be able to obtain a DWI conviction in some cases, because of timing and evidence issues.
Most of us, of course, of course, do not have the luxury of avoiding arrest because of our job obligations. Officers are able to begin collecting evidence on us immediately and may arrest us as soon as they feel they have sufficient evidence that a crime has taken place.
One thing lawmakers do have to deal with that many of us do not deal with to the same extent, though, is the public scrutiny and backlash following upon a charge of DWI. For a public official to face such charges, it can have very negative consequences on their public image and career.
Anybody facing DWI charges, especially those in public office, do well to consult an attorney to ensure they receive the best possible defense.
Source: Star Tribune, "Panel agrees: No DWI immunity for Minnesota lawmakers," Rachel E. Stassen-Berger, March 22, 2012.
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