First – a disclaimer – I watched the DBSI trial in federal court here in Boise with considerable interest over the past three months and I admire the lawyers involved on both sides. I also had a client who was a witness (a key witness perhaps, after viewing a juror interview on local television). I… Continue Reading
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Just One Tool – Protecting Your Sixth Amendment Rights
Posted in Civil Rights, Constitutional Law, Criminal Defense, DUI, Fraud, TrialsThe Sixth Amendment to the Constitution provides you with many of your most important tools at trial. It is intended to guarantee a fair trial to every person accused of a crime. Whether you are charged with DUI, a drug crime, a sex offense, fraud, manslaughter or murder, the Sixth Amendment helps us to get… Continue Reading
Federal Sentencing Guidelines Unfairly Punish “Fraud”
Posted in Criminal Defense, FraudAlan Ellis is well regarded as "THE" Federal Sentencing guru among those of us who spend time in federal court. An article he co-authored with John Steer and Mark Allenbaugh appears in the American Bar Association’s Criminal Justice Magazine entitled At A Loss For Justice, Federal Sentencing For Economic Offenses. A copy can be obtained… Continue Reading
How Much Is My Personal Injury Case Worth In Boise, Idaho?
Posted in Civil Rights, Civil Trial Practice, Crime Victims, FraudThis week I had to write that "sorry, but I cannot take your civil rights case" letter to a man who had been badly assaulted in prison. In Idaho over the past year there have been a number of lawsuits filed by prisoners and lawyers on their behalf for damages they received when the prison… Continue Reading
Stock Brokers: Tell Us The Truth!
Posted in FraudYesterday a friend stopped me in court. "Hey – what’s the deal with your blog?" "What deal?" I said. "The no entries since June deal…." Guilty. I have been running, riding, swimming, occasionally golfing, raking pine needles and burning them in McCall, boating, recovering from a couple of trials and trying to answer life’s… Continue Reading
9th Circuit Says Intent to Defraud is the Intent to Cheat
Posted in Civil Trial Practice, Criminal Defense, Federal Sentencing, Fraud, Mac Loving Trial Lawyers, NewsIn another one of those confusing 9th Circuit fraud decisions – the Court of Appeals has upheld the convictions and sentences of three men who summoned the likes of Charles Ponzi and swindled 1700 investors out of $40 million. In US v. Treadwell the Court upheld an instruction that “intent to defraud is an intent to… Continue Reading
“I Would Like To Have Been Notified.” Fraud By Silence.
Posted in FraudA few years ago I caught a radio interview of a Canadian hockey coach who had been fired, but not told so by his team before it was reported in the press. When questioned about his situation the coach (in his best Canadian accent) reflected, "I’d like to have ‘beeen’ notified!" This phrase has become… Continue Reading
Check Out This IRS Review of Real Estate and Mortgage Fraud
Posted in FraudI am doing a little research on a case I have and googled "real estate developer fraud." Check out the resulting IRS case reviews on just how seriously their enforcement efforts have been. Certainly a good reminder that real estate fraud by developers can cause some serious time in prison. No time to really write… Continue Reading
Ponzi Scheme Results In Prison Sentence For Idaho Man
Posted in FraudThe Idaho Statesman is reporting that a Kooskia man was sentenced to four years in federal prison for fraud. The ghost of Charles Ponzi – the father of all Ponzi schemes – rides again into the court room only to meet up with Judge Ed Lodge. This guy stole $1.6 million from "investors" who saw… Continue Reading
When Are Receipts, Proceeds? Ninth Circuit Looks At Money Laundering
Posted in FraudIn an interesting and confusing decision, the Ninth Circuit gave us US v. Van Alstyne last week, and again considered just when do funds arising from specified illegal activity constitute "proceeds" for purposes of the money laundering statute, 18 USC § 1956. To decide the matter, the Court had to address the Supreme Court’s decision in United States… Continue Reading
9th Circuit Says No Loss Needed For Real Estate Fraud – Relax, It’s No Big Deal!
Posted in Criminal Defense, Fraud, TrialsIn United States vs Hickey, the 9th Circuit Court of Appeals affirms the conviction of another real estate developer who made big promises to investors but failed to deliver. Defendants Hickey and Tang induced over 700 investors to invest over $20 million in two real estate developments. The plan was straight forward enough – you give… Continue Reading
Department of Justice Looking For Fraud “Rock Star”
Posted in FraudCheck out the article at law.com about the Justice Department’s search for a new lead attorney and ten new trial lawyers to fill out the fraud section. White collar crime – including securities, bank, wire and mail fraud – is where the action is if you are a government attorney looking to make your mark… Continue Reading
Judge To DBSI President – Testify Or Else
Posted in Criminal Defense, Fraud, News, TrialsIn an article appearing online in the Statesman it appears that DBSI president Douglas Swenson will have to answer questions under oath in the DBSI Bankruptcy case now pending. Here is the classic dilemma – answer the questions and face the use of your testimony in an all but certain criminal case, or refuse to answer… Continue Reading
Boise Woman Indicted On 52 Counts Health Care Fraud
Posted in FraudThe Idaho Statesman reports today that a Boise woman, Tina Lancaster has been indicted on 52 counts of health care fraud and obstruction of a federal audit. The story says: "According to the indictment, Lancaster billed Medicaid for physical therapy services that were not ordered by a physician, were not provided by licensed physical therapists,… Continue Reading
Real Estate and Mortgage Fraud – Feds On The Trail
Posted in FraudThe feds are at it again – investigating real estate and mortgage fraud across the fruited plain and the end result is almost always the same – PRISON. Check out this report concerning their efforts and the results – an incarceration rate of over 82% and an average sentence of 38 months. And in Idaho… Continue Reading
Chris Upchurch Gets 33 Months in Federal Real Estate and Mortgage Fraud Case
Posted in FraudAs reported earlier, Boise mortgage and real estate "professionals" are headed to prison as a result of a fraud scheme that cost Zion’s Bank $20 Million. Check out the earlier post here and the Statesman article here. So it’s not just New York, or Bernie Madoff. There are more and more cases like this coming… Continue Reading
Mortgage Fraud Sends Defendant To Prison For 135 Months
Posted in Federal Sentencing, FraudIf you think that white colar crime results in a slap on the wrist, consider the recent sentencing decision in a case of mortgage fraud, in Georgia. The Georgia United States Attorney reports that last week Adriene Newby-Allen was sentenced to 135 months imprisonment and ordered to pay $5,278,703 in restitution. Newby-Allen pled guilty in… Continue Reading
DBSI Files For Bankruptcy
Posted in FraudAs reported here DBSI, a locally prominent real estate investment company is in serious financial trouble, having been named a defendant in civil lawsuits alleging fraud. Investors yesterday were dealt the next card in this hand – the BK card. DBSI has now filed for protection under the bankruptcy laws in hopes of keeping its fiscal… Continue Reading
Investor Lawsuit Against DBSI Claims Fraud – Ponzi Scheme?
Posted in FraudHere’s the other thing we need to remember – there is no “guaranteed investment.” Any investment carries risk, and risk makes “promised returns” nearly impossible to count on. So be careful out there as you invest. If you buy a “share” of a promise, make certain that the promise could be fulfilled.… Continue Reading
Looking for Hidden Assets
Posted in Crime Victims, FraudI am in the process of looking for hidden assets of a potential judgment debtor (assuming we win the case and get the judgment) and came across another blog that focusses on this challenge. Check out Asset Search Blog for info on this subject. Very interesting. In my case, we are looking for assets to… Continue Reading
Away from the beach – thinking about sentencing guidelines
Posted in Federal Sentencing, FraudI was at the beach – Mission Beach to be precise – and relaxing with my bride over the weekend. The sun was shining and the sea air cooling, but like all good things – that too came to an end on Monday. I am now in Nevada, taking depositions in a crop insurance fraud… Continue Reading
Medicaid Fraud Trial Starts
Posted in Fraud, TrialsThursday is not a day that one usually begins a felony Medicaid Fraud trial, but that is where I find myself today. Trying to beat the long weekend, we got it going today in hopes of getting to the jury by next Tuesday. I thought a lot today about Gerry Spence’s advice in his latest… Continue Reading
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