South Florida Criminal Defense Lawyer Blog

After the death of John Waldo, 42, in Gainesville, FL, fiancé Monica Kraft has pushed for tougher laws regarding ticketed cars and vehicle inspections. Back in February, Waldo was found dead in the backseat of his vehicle parked on a residential road. The BMW was ticketed a whopping seven times but no one had found the body until Waldo had been missing for twelve days. A University of Florida student ended up discovering the body after closely looking in through the car window. No foul play has been detected and police are still investigating for evidence of murder.

Kraft has met with numerous city officials including the Gainesville Police's Captain Ed Book in an effort to see what can be done to prevent this from happening again. Currently under way in city government is the enactment of an ordinance that would would require city employees to visually inspect the inside of any vehicle after being accruing three consecutive unclaimed tickets. This law would be known as the Waldo Law. The exact design of the law would be to require law enforcement agencies to run the tag number of an abandoned vehicle that is receiving any ticket.

Continue reading "Death of Florida Man Triggers Push for a New Law" »

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Posted In: Florida Criminal Law News

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Cameron Jefferson, 38, was arrested for possession of cocaine and cannabis in Tallahassee. While he was at the drive-thru teller window of a bank, he decided it would be a clever idea to throw in some drugs with the $200 dollar deposit. Needless to say, his prank wasn't taken lightly and officials were called in immediately. Further investigation of Jefferson's car led to the discovery of three marijuana cigarettes. $3000 in bail was posted by Jefferson after his arrest.

Cocaine possession of any amount is always going to be a felony. Marijuana can range from a misdemeanor to a felony, depending on the amount. Sometimes a small fine will be cited to the offender and handled just like a speeding ticket. The amount was not totally specified in the article, but given the cost of the bond the amount of drugs was most likely not too large. Jefferson was arrested for possession, but a variety of other charges may come about from a drug-related incident. Some of these charges may be cultivation/growth of a narcotic, delivery of illegal drugs, fraudulent sale or possession of a prescription drug, or possession of drugs with intent to sell.

Continue reading "Florida Man Deposits Drugs Into His Bank Account" »

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Posted In: Odd News

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Governor Charlie Crist has signed into law a prescription drug tracking bill that will put a damper on the pill pipeline into eastern Kentucky. One such case that recently has been completed revolving around this "pipeline" is that of a Broward County pain clinic patient accused of obtaining pills and selling them in Kentucky. Oxycodone was the drug involved in this crime.

The new law will "definitely help," says Sheriff Terry Keelin of the Boyd County Sheriff Department in Kentucky. 90 percent of the suspects in the Boyd Sherrif Office have been obtaining their pills from Florida. "Operation Pill Crusher" has received 105 people indicted during the program, and of those a large number were also from Florida clinics.

Continue reading "New Florida Law To Cut Down Prescription Abuse" »

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Posted In: Florida Criminal Law News

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James Earl Taylor, 40, and Mary S. Childers, 44, were arrested last Sunday for domestic assault. Bedford County Sheriff's Department stated that their deputies arrived on the scene to find the couple in an argument. The two were "involved in a verbal altercation" during which the Frito-Lay product of Cheetos snacks were used to assault one of the partners. Sheriffs found evidence of the assault yet "no physical marks on either party and the primary aggressor was unable to be determined." Both members of the party were charged $2500 in bond.

Continue reading "Domestic Violence by Use of Cheetos Food Product" »

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Posted In: Domestic Violence Crimes in Florida , Odd News

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Crescencio Rojas, 43, was arrested in Brownsville, Texas. Rojas was wanted in the perpetration of rape of an elderly person. More precisely, he was accused of sexual assault, battery, and lewd and libidinous acts against an elderly person. US Customs and Border Protection intervened at the Veterans International Bridge in the Brownsville area and apprehended Rojas as he was riding a bus coming back to the United States from Mexico. A warrant check on the national system showed that he had a warrant for sexual assault out of Dade County.

Continue reading "Florida Man Caught Out of State as a Rape Suspect" »

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Posted In: Florida Crime In The News , Sex Offenses in Florida

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Michael Mayer, 55, pled guilty to federal charges regarding his actions of supplying oxycodone pills and cocaine on a major level to street-level and other small distributors. Drug trafficking charges in this situation carry a sentence of at least 10 years of imprisonment as well as $4 million dollars in fines.

Conspiracy to possess with intent to distribute is not a charge to be laughed at and Mayer will be paying the price for this. $2.64 million and forfeiture of real estate, cars, watercraft and other personal property in Mayer's homes in Costa Rica and Columbia are on the chopping block.

Continue reading "Florida Drug Trafficker Pleads Guilty to Charges" »

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Posted In: Florida Crime In The News

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Alex Smart, 30, was arrested Monday afternoon with 2 counts of first degree murder and a count of second degree murder. Three slayings in the Orlando are allegedly connected to Smart, prompting federal agents to arrest the man. The murders were called "heinous" and "bloody" by many involved in the investigations. The shootings took place at the Palms Apartments on July 30.

Continue reading "Florida Man Arrested for Murder" »

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Posted In: Florida Crime In The News

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A 29-foot US flagged white boat was found to be in possession of roughly $2.5 million dollars worth of marijuana. The Coast Guard boarded the vessel and found the 1250 pounds of pot and offloaded it at Sector Miami soon after detection and seizure. Initially the Coast Guard went on board to conduct a standard safety inspection but then quickly became alerted to the marijuana which was in plain view. This would be Cutter Dolphin's first drug bust in service for the Coast Guard. The smugglers caught on the ship were detained and transferred into custody of the US Customs and Border Protection. Overall, supervisors said this was one of the largest busts in recent history and a proud first for the crew of the Cutter Dolphin and Sector Miami Coast Guard division.

Continue reading "Florida Coast Guard Seize Lots of Marijuana" »

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Taylor, Bean & Whitaker Mortgage Corp. will be paying $9 million in a settlement to the state of New Jersey. In part of a multi-state settlement with a Florida-based mortgage company, the corporation was accused of mortgage fraud by selling high risk mortgages and using shady lending procedures. The state banking agency identifying as the plaintiff in this case also claimed that half of the money to be dispersed in the settlement will go to the national system in progress that will attempt to prevent fraud and make the mortgage regulation process more efficient.

Over $3 billion in assets were apparent in the Ocala, FL company. $30 billion in loans were made annually as well. TBW gave over $100,000 in refunds in response to erroneously charged fees to all their New Jersey customers from 2006. The Obama administration's foreclosure prevention program, known as the Making Home Affordable program, will be used in the guidelines the TBW corporation will adapt with in relations with their customers with loans.

Continue reading "Multi-million dollar settlement of Florida mortgage company" »

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Posted In: Florida Crime In The News , Mortgage Brokers Targeted

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Gideon Rechnitz currently faces two lawsuits of mortgage fraud in Sarasota County, including one by 71-year-old Yolanda Rodriguez. She claims that in 2006 Rechnitz improperly evicted her and her deaf brother from their home, which he acknowledged in a deposition was worth far more than the $150,000 Rodriguez owed on her mortgage. Rechnitz said in the fall that his foreclosure rescue business had slowed considerably in 2008 because it was harder to find people like Rodriguez with substantial equity. But as home­owners who got 100 percent financing now struggle to renegotiate their mortgage terms, state records show he recently started a new company called Loan Modification Enterprises.

Continue reading "Florida Mortgage Fraud Investigated by Attorney General" »

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Posted In: Florida Crime In The News , Mortgage Brokers Targeted

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In conclusion of Attorney Ralph Behr's personal thesis on mortgage fraud prosecution:

On the other hand, this defense would not be legally cognizable under § 817.545, Fla. Stat. (2009) and two other federal statutes aforementioned.115 § 817.545, Fla. Stat. (2009) concerning violations committed during the mortgage lending process do not require a person or entity to rely or to be injured by a defendant’s fraudulent activity it is enough that “..any material misstatement, misrepresentation, or omission…” is made “…with the intention that the misstatement, misrepresentation, or omission will be relied on…”116 This statute is more aligned with two other federal statutes punishing statements or omissions on applications or forms submitted to federally approved agencies that are in the business of extending credit, 18 U.S.C. § 1010 (2009) and 18 § U.S.C. 1014 (2009). The actual submittal of these forms or applications for loan or credit advances coupled with either the “…intent that such loan or advance of credit shall be offered to or accepted…”117 or “…for the purpose of influencing in any way the action of…” any federally approved agency in the business of extending credit118 would be sufficient for a conviction under either statute.

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Any use of the previous article requires written permission from Attorney Ralph Behr and from this website and its subsidiaries under State and Federal Law. DO NOT copy and use the text provided above and/or publish as your own. The document may only be used for private study or distributing among peers in paper, not on internet transmission, with no intent to make profit or sell without credit being due to the original author.

Continue reading "Florida Prosecutions of Mortgage Fraud: Part 14 Final" »

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§ 877.54, Fla. Stat. (2009) should be reduced to an attempt because the crime was not completed.108 The defendant reasoned the corporation “…was not deceived as a result of any false representations and issued the check in an attempt to lure her presence and facilitate her arrest.”109 The court agreed with the defendant and determined the record did “…not demonstrate reliance by the victim on the defendant’s misrepresentations.”110

Furthermore, § 877.54, Fla. Stat. (2009) and § 877.10, Fla. Stat. (2009) are similar to the mail, wire and bank fraud statutes because it is evidence of a defendant’s involvement in “…the scheme to defraud and not actual fraud that is required.”111 “No particular type of victim is required…nor need the scheme have succeeded.”112 Although the government need not prove there is any reliance or injury, it must prove beyond a reasonable doubt the evidence shows a “…willful participation in [the] scheme with knowledge of its fraudulent nature and with intent that these illicit objectives be achieved.”113 However, a defendant may have a complete defense to wire fraud, bank fraud, or money laundering negating the specific intent element of the statutes if a jury determines a defendant acted in a good faith belief his or her actions were not illegal.114

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Any use of the previous article requires written permission from Attorney Ralph Behr and from this website and its subsidiaries under State and Federal Law. DO NOT copy and use the text provided above and/or publish as your own. The document may only be used for private study or distributing among peers in paper, not on internet transmission, with no intent to make profit or sell without credit being due to the original author.

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Posted In: Legal Information , Mortgage Brokers Targeted

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