fraudhttp://www.andrewdstine.com/blog-78/tag-203-fraud.aspxblog west palm beach criminal defense lawyersupport@vestadigital.com (Andrew D. Stine, P.A. - Florida Criminal Defence Attorney)support@viestly.com (Vesta Digital)Tue, 22 May 2012 23:06:36 GMTTue, 22 May 2012 23:06:36 GMTViestly60Be Aware of A New Kind of Credit Card Fraudhttp://www.andrewdstine.com/blog-78/496-be-aware-of-a-new-kind-of-credit-card-fraud.aspxFraud is a very serious crime in the state of Florida. The charges only increase in severity with the amount of money stolen by fraudulent actions. Unfortunately, fraud is one of the most common types of theft that happens on a daily basis. As technology develops, fraudulent schemes become more and more advanced. With advancing schemes, law enforcement are having a more difficult time tracking down criminals and the systems they are using. These days, credit card fraud and online identity theft is one of the biggest problems that the Economic Crimes Division has to deal with.

A Skimmer is Credit Card Fraud
People are now being made aware of a new credit card fraud called a skimmer. It is a device that reads the mag stripe on your card and then writes it onto another card so the perpetrator can have a physical card on hand. WPTV News posted an article on how certain locations can be more popular for people committing fraud to use skimmers.

The article says that some of the most riskiest places to swipe your card are ATM's or pay-at-the-pump gas stations. Outside locations are much easier for a scammer to place the devices. Inside locations are more difficult, but a disgruntled former employee would have access to it. According to the article, restaurants are also on the list because a server has access to your card and could be using a skimmer.

Shopping online is considered high risk especially if you're not familiar with the site as well as businesses that keep your account information on hand to make future purchases easier may also put you at risk. If the business is hacked your information is compromised.

WPTV News states that the best way to defend yourself against this type of fraud is to consistently check your finances, even several times a week. Banks will usually refund the charges that have been stolen from your account within a 60-day period by way of fraud.

Criminal Defense
If you have been charged with fraud, an experienced criminal defense lawyer who has a good working relationship with the prosecutor can help to reduce your charges to simply paying restitution.

Distributed by Viestly

]]>Andrew StineWed, 09 May 2012 10:39:38 GMThttp://www.andrewdstine.com/blog-78/496-be-aware-of-a-new-kind-of-credit-card-fraud.aspxBurgerFi Chain Involved in Embezzlement Lawsuithttp://www.andrewdstine.com/blog-78/492-burgerfi-chain-involved-in-embezzlement-lawsuit.aspxThe popular BurgerFi chain has been blossoming throughout South Florida. Many residents in the area have nothing but positive remarks when it comes to the chain. The restaurant also boasts its humane and natural meat, which is becoming a must-have in reputable burger restaurants. However, the chain is falling under some scrutiny as the current partners of the BurgerFi business entity are filing several lawsuits against David Mainiero after he abruptly split from the company earlier this year, without giving a reason why.

BurgerFi and Competition
According to an article in the Palm Beach Post, Mainiero’s ex-partners claim he was stealing from the restaurants to support his lifestyle, decorate his home and open competing restaurants. The estimated loss is around $1 million, according to Lee Goldberg, one of the ex-partners.

The lawsuit alleges that beginning in 2010, Mainiero, and wife, Lynn, started diverting money to themselves from vendors who served the restaurants. For instance, the lawsuit claims between December 2010 and March 2011, Southern Wine & Spirits paid $73,500 to a Mainiero entity, instead of the restaurants.

The lawsuit also claims that Mainiero, during a trip to California to scout locations for BurgerFi, decided instead to open a competing burger joint called Urbun Burger in Laguna Beach, Calif., using the trade secrets of BurgerFi. The lawsuit claims that $67,500 was paid by Southern Wine to Urbun, even though the money was supposed to be for BurgerFi. Even West Palm Beach-based Cheney Brothers provided equipment valued at $5,000 that was intended for the restaurants but instead was diverted to David’s son, David Jr., and Urbun, the lawsuit claims.

And that’s not all. Restaurant Development Group LLC, the entity that owns such eateries as The Office and Vic & Angelo’s, just filed a “cybersquatting” lawsuit in U.S. District Court, alleging the Mainieros have not surrendered the restaurants’ websites, vicandangelos.com and theofficedelray.com after turning over ownership of the two restaurants. They allege in the lawsuit that the Mainieros have “hijacked the domain names and attempted to use them as bargaining chips.”

Goldberg said he believes law enforcement is looking into the allegations of theft. But Robert Saraga, an attorney for Mainiero, said he has no knowledge of any law enforcement investigation. He also said he planned to file an answer, with counterclaims.

Money Laundering and Embezzlement
Money laundering is a felony, which may be charged in state or federal court. The penalties include jail time, a fine, and the forfeiture of any cash seized by the government. If the cash from an illegal enterprise is deposited in a bank account that contains other funds, the entire bank account could be seized.

Embezzlement is the act of dishonestly appropriating funds or assets for one's own use rather than its intended use. The charge is also a serious felony.

If you have an investigation filed against you for money laundering or embezzlement, you are in for a long legal process. A criminal defense lawyer can conduct his own investigation into your case to make your you have the best possible proactive defense in this situation.

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]]>Andrew StineMon, 30 Apr 2012 12:56:20 GMThttp://www.andrewdstine.com/blog-78/492-burgerfi-chain-involved-in-embezzlement-lawsuit.aspxAnother Doctor Arrested for Trafficking Oxycodonehttp://www.andrewdstine.com/blog-78/476-another-doctor-arrested-for-trafficking-oxycodone.aspxSouth Florida is known as the pain-pill capital of the country for a reason. With hundreds of pain clinics flourishing throughout St. Lucie County, Broward County, and Palm Beach County, addicts and doctor-shoppers will drive from states as far as Ohio to reap the benefits of pill mills and dispensing doctors. Police who track operations say that even though many pain clinics operate legally, people can often be seen driving from clinic to clinic procuring hundreds of pills at a time. Even though Florida legislation has attempted to regulate the doctor shopping epidemic, doctors continue to supply drug addicts and dealers with pills.

St. Lucie County Oxycodone Trafficking
St. Lucie County police arrested yet another doctor Thursday night on several charges including prescribing practitioner fraud and trafficking oxycodone and hydrocodone, according to an article in WPTV News.

Dr. Greg Hayes, 50, is charged with nine counts of prescribing practitioner fraud, three counts of trafficking oxycodone four to 14 grams, one count of trafficking oxycodone 14-28 grams, four counts of trafficking oxycodone 28 grams or more and one count of trafficking hydrocodone over 28 grams. His wife, Kristen Hayes, 27, is charged with nine counts of obtaining or attempting to obtain a controlled substance by fraud, two counts of trafficking oxycodone four to 14 grams, two counts of trafficking oxycodone 14 to 28 grams, four counts of trafficking oxycodone 28 grams or more and one count of trafficking hydrocodone over 28 grams, according to WPTV News.

Bond for the couple is set at $270,000 each.

Why Pill Mills will Never Go Away
Even though the Florida legislation is trying to regulate the process of obtaining prescriptions for oxycodone and other prescription drugs, it will always be an uphill battle because there are so many legitimate patients that need these drugs to alleviate moderate to severe pain. Also, the nature of pain clinics as a proliferating business is hard to track because an individual does not have to be a licensed practitioner (one can even be a convicted felon) to open up a clinic. They can open and shut down very quickly, only to reopen in another location. Several pain clinics have legitimate and legal operations but the illegal, low rent operations are harder to track down and prosecute before they change location.

Oxycodone Trafficking Defense
As you can see with Dr. Hayes, when you are charged with trafficking oxycodone, you are likely to have several counts of the same charge as well as residual charges like fraud. It is imperative that you contact a criminal defense lawyer immediately after being arrested and accused of these charges. Oxycodone is a very serious pain medication and the charges are extremely severe. A criminal defense lawyer will provide you with professional representation to make sure your side of the story is heard in court. With the high correlation of overdose deaths and pain clinics in operation, it is sure to be a long and difficult process if you have been charged with trafficking prescription pills. Make sure you have a criminal defense lawyer on your team.

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]]>Andrew StineFri, 23 Mar 2012 16:30:00 GMThttp://www.andrewdstine.com/blog-78/476-another-doctor-arrested-for-trafficking-oxycodone.aspxMortgage Fraud a Growing Problem in South Floridahttp://www.andrewdstine.com/blog-78/465-mortgage-fraud-a-growing-problem-in-south-florida.aspxMortgage fraud is becoming a growing problem in South Florida. Law enforcement is cracking down and conducting thorough investigations around home buying. With today's economic climate, people are more likely to commit mortgage fraud than ever. Unfortunately, innocent people get swept up in these fraudulent schemes without even realizing it. If you have been accused of committing mortgage fraud and you had no intention to do so, contact a criminal defense lawyer and you could even get your case dismissed.

Palm Beach County Mortgage Fraud
According to an article in the Palm Beach Post, four Palm Beach County residents and one Port Saint Lucie man were charged last week in a mortgage fraud scheme federal investigators said involved $8 million in loan proceeds and 17 homes. If they are convicted, the defendants are facing a maximum sentence of 30 years in prison.

According to a complaint filed in United States District Court, Southern District of Florida, between November 2006 and November 2007, two of the defendants had found 17 homes in Florida and Tennessee for which they sought financing above the actual sales price quoted by the seller. The defendants also involved family members and friends to act as straw buyers for the homes, a corrupt attorney as the closing agent, and a corrupt banker who sent falsified deposit verifications to lenders.

Mortgage Fraud
Mortgage fraud can often be a crime that involves several different crimes also committed in the scheme. Mortgage fraud cases can also result in residual charges of wire fraud and money laundering. This can be a result of:
  • Overestimating income
  • Overvaluing homes
  • Making false appraisals
  • Making false statements on a mortgage application or HUD statement
  • Engaging in mortgage and real estate schemes
Mortgage Fraud Criminal Defense
If you have been accused of committing mortgage fraud and you did not intend to commit fraud in any way, contact a criminal defense lawyer who will aggressively fight this case for you. A lawyer like Andrew D. Stine will review bank statements, mortgage applications, and other documents pertinent to your case. In addition, there will be a review of the sale and buying history of the house to determine if fraudulent practices occurred before you purchased it. If you are an innocent player in a larger mortgage fraud scheme, a strong criminal defense lawyer can have the case dismissed.

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]]>Andrew StineWed, 29 Feb 2012 15:42:03 GMThttp://www.andrewdstine.com/blog-78/465-mortgage-fraud-a-growing-problem-in-south-florida.aspxCan You Be Forced to Decrypt Your Computer?http://www.andrewdstine.com/blog-78/464-can-you-be-forced-to-decrypt-your-computer.aspxAccording to an article posted on CNet, a federal judge in Colorado ruled in January that American citizens can be ordered to decrypt their hard drives to allow police room for more thorough investigations when acting on search warrants for cases that involves things like wire fraud or child pornography. This ruling could truly set precedents in terms of privacy and is encouraging people to argue the Fifth Amendment.

The Fifth Amendment in Question
According to the article, Judge Robert Blackburn ordered a Colorado woman accused of being involved in a mortgage scam to decrypt the hard drive of a laptop computer. She was charged with bank fraud, wire fraud, and money laundering in an attempt to falsify court documents to illegally gain titles to homes near Colorado Springs. Blackburn, ruled that the Fifth Amendment (an amendment that states no one should be compelled in any criminal case to be a witness against himself) does not provide protection from his order.

Blackburn wrote: “I find and conclude that the Fifth Amendment is not implicated by requiring production of the unencrypted contents of the Toshiba Satellite M305 laptop computer.”

This is not the first time this issue has been addressed. In 2010, a federal judge in Michigan stated that a man accused of receiving child pornography did not have to relinquish his password in an effort to protect his invocation of his Fifth Amendment privilege. Clearly, these recent events will set a precedent in how legislation interprets Fifth Amendment protection when it comes to encrypted data.

The key to this entire situation is what exactly a password amounts to. Many of the arguments are saying that PGP passphrases are similar to a person holding the key to a safe containing incriminating documents. In this case, a person can be legally compelled to hand over the key. However, the Fifth Amendment shields a person from “compelled testimonial communications,” which protects a person from admitting encryption passwords.

Criminal Defense
If you have been accused of fraud (including wire fraud), and have questions about what documents or files you are required to hand over to the court, contact a criminal defense lawyer immediately.

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]]>Andrew StineMon, 27 Feb 2012 05:11:49 GMThttp://www.andrewdstine.com/blog-78/464-can-you-be-forced-to-decrypt-your-computer.aspxFraud in Palm Beach County School Districthttp://www.andrewdstine.com/blog-78/460-fraud-in-palm-beach-county-school-district.aspxIn the state of Florida, fraud is charged as a very serious crime. A person who commits fraud can be charged with anything from a third-degree felony to a first-degree felony depending on the amount of money taken by fraudulent means. Unfortunately, fraud and theft commonly happen in all areas of life. A story about a Suncoast HIgh School band leader made the news recently after he turned himself in for fraudulently using school funds for his personal expenses.

Fraud in Palm Beach County
According to an article in WPTV News, Ernest Brown, 51, turned himself into authorities yesterday evening. The high school band leader had been indicted on charges of fraud and misconduct for allegedly using school funds for himself, his family, and his friends to travel to Europe. He has since been released on a $6,000 bond.

These trips were intended to benefit high school students. Brown was able to hide his fraudulent activity by using funds from other school accounts, according to the article. It was reported that Brown created false documents showing that certain students had met their financial obligations for these trips to Europe when in fact that had not. The grand jury stated that he used his position as a public servant to "deprive non-band students use of their own funds."

Palm Beach County School District Under Fire
This case has led several people in the Palm Beach County community, including the grand jury itself, to question the care the district takes over its financial accounts. Because this is not the first incident in which a Palm Beach County school has been under financial investigation, the grand jury stated that the district should "re-assess and improve" its oversight over financial accounts.

According to the article, school officials said the district has fully cooperated with the state attorney's office and is reviewing discipline issues at this time.

Palm Beach County Fraud Lawyer
If you have been accused of committing fraud or theft in Palm Beach County, you are going to need the assistance of a criminal defense lawyer. An experienced lawyer should have a working relationship with the prosecution and will make sure that you can resolve your case by at least paying restitution. There are ways you can help yourself through this situation and it all starts with contacting a criminal defense lawyer.

Distributed by Viestly

]]>Andrew StineFri, 17 Feb 2012 19:01:36 GMThttp://www.andrewdstine.com/blog-78/460-fraud-in-palm-beach-county-school-district.aspxPonzi Scheme in South Floridahttp://www.andrewdstine.com/blog-78/455-ponzi-scheme-in-south-florida.aspxPonzi schemes are investment fraud schemes that generally show up on the news. These fraudulent investments attract an abundance of media attention because they generally involve very wealthy people or people commonly known to the general public. In this case, Scott Rothstein and his uncle were co-conspirators in a $1 billion Ponzi scheme that is now coming to a close.

What is a Ponzi Scheme?
The definition of a Ponzi scheme according to the U.S. Securities and Exchange Commission is an investment fraud that involves the payment of falsified returns to existing investors from funds contributed by new investors. Ponzi schemers find investors by promising exceptionally high returns with little or no risk. They use money from new investors to pay the previous ones, without engaging in any legitimate investment activity, according to the SEC.

Ponzi schemes need a consistent flow of cash from new investors to continue. Once a schemer runs into difficulty recruiting new investors, the scheme tends to collapse. In other cases, a large number of investors ask to cash out and the schemer is caught.

Ponzi Scheme in South Florida
According to an article in the Palm Beach Post Scott Rothstein’s uncle, Billy Boockvor, the alleged co-conspirator closest to the convicted $1 billion Ponzi schemer, is expected to plead guilty to fraud in federal court Wednesday. Boockvor was at the disgraced Fort Lauderdale lawyer’s side during his wild four-year ride fleecing investors, he is facing up to five years in prison.

In December, he was charged with conspiring with Rothstein to falsify his law firm’s trust account records at Toronto Dominion Bank. The goal: to induce investors to buy bogus legal settlements. They collectively lost more than $350 million. The charge against Rothstein’s closest assistant brings the total number of employees and others prosecuted in the massive scheme to eight, including Rothstein, 49. He is serving a 50-year sentence on racketeering conspiracy charges, according to the Palm Beach Post.

Ponzi and RICO Defense
If you have ever been accused of fraud, or any of the crimes under RICO law (bribery, murder, drug trafficking, embezzlement, etc.), you need the assistance and expertise of a criminal defense lawyer immediately. If convicted, not only will you be forced to pay heavy fines but you will be facing years, if not decades in prison. A criminal defense lawyer can help you through this process.

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]]>Andrew StineWed, 08 Feb 2012 17:12:09 GMThttp://www.andrewdstine.com/blog-78/455-ponzi-scheme-in-south-florida.aspxCrackdown on Counterfeit Merchandisehttp://www.andrewdstine.com/blog-78/437-crackdown-on-counterfeit-merchandise.aspxCounterfeit consumer goods, commonly called knock-offs, are counterfeit or imitation products offered for sale. The spread of counterfeit goods has become global in recent years and the range of goods subject to infringement has increased significantly.

According to estimates by the Counterfeiting Intelligence Bureau (CIB) of the International Chamber of Commerce (ICC), counterfeit goods make up 5 to 7% of world trade.[1] A report by the Organisation for Economic Co-operation and Development (OECD) states that up to $200 billion of international trade could have been for counterfeit and pirated goods in 2005,[2] and around $250 billion in 2007.[3][4] Other estimates conclude that a more accurate figure is closer to $600 billion lost, since the OECD estimates do not include online sales or goods counterfeited and sold within the same country.[3]

Fort Lauderdale Swap Shop - Reported by Ihosvani Rodriguez, Sun Sentinel.
An international crackdown on counterfeit merchandise on sale for the holidays, from fake Louis Vuitton purses to phony Dora the Explorer wristwatches, brought federal agents to the Fort Lauderdale Swap Shop, where a raid resulted in thousands of items being seized and clues that investigators hope will lead them to the illegal manufacturers, reported by Ihosvani Rodriguez, Sun Sentinel.

"This is all part of major organized crime," said Camen Pino, head of U.S. Immigration and Customs Enforcement in South Florida. "It's not just one person with a suitcase in a corner selling fake watches. Every time you buy one of these items, you are helping organized crime."

Globally, the six-week campaign, made public Thursday, targeted flea markets, retail stores, seaports and land ports of entry between Nov. 1 and Dec. 9 in 66 cities in the United States, 55 cities in Mexico and Seoul, South Korea. U.S. agents rounded up a total of about 327,000 bogus items with a genuine retail price of about $76 million.

About 90 percent of the counterfeit goods confiscated in South Florida were collected during a Dec. 13 raid at the popular Lauderhill flea market, Pino told a news conference in Miami-Dade County. Those items would've sold for $300,000 had they been the real thing, he said.

The phony goods included designer sneakers, sunglasses, blouses, purses and shoes, a Hello Kitty shirt and a Miami Dolphins jersey with the name and number of wide receiver Brandon Marshall. There were dozens of colorful SpongeBob SquarePants timepieces, and a fake G-Shock watch priced at $30, less than a third of what the genuine article goes for.

"Everyone is looking for a bargain this holiday season, but if you see something that is too good to be true, then it really is," said Pino.

Officials said the counterfeit goods hurt legitimate manufacturers and retailers and ultimately rip off consumers by delivering them sub-standard products. Explaining why the crackdown was timed to coincide with the year-end holidays, ICE Assistant Special Agent in Charge Gerard O'Neill, who oversaw the Swap Shop raid, said counterfeiters were banking on the enormous demand for consumer products at the time of year to exploit as many buyers as possible.

"It's a time when all of us are looking to stretch our dollars," O'Neill said. "In the end, you are buying a product that may not last as long. So you are not really getting your dollar's worth."

At the news conference, federal and Broward Sheriff's Office investigators unveiled about two dozen boxes containing more than 2,800 counterfeit items seized in South Florida as part of the crackdown, codenamed Operation Holiday Hoax II.

Undercover federal agents and deputies with the Broward Sheriff's Office purchased samples of the suspect items at the Swap Shop late last month. The items were then sent to the manufacturer to verify their authenticity, or lack thereof. Agents and deputies then swooped into the popular flea market and impounded enough counterfeit merchandise to load up a box truck, said Pino.

Swap Shop owner Preston Henn told the Sun Sentinel on Thursday that he discourages vendors at the sprawling facility on Sunrise Boulevard west of Interstate 95 from selling knockoffs. But with about 5,000 vendors hawking thousands of different items each day, it would be impossible to patrol for counterfeits, he said.
"Can you spot a fake Omega watch?" Henn said. "I sure can't."

Vendors of the fake items were not arrested, but investigators hope the street-level peddlers will lead them to higher-level counterfeiters, smugglers and manufacturers.

Fraud Criminal Defense
If you are convicted of fraud by counterfeiting money, you could be facing up to 15 years in prison, hefty fines, confiscation of property, and paying restitution. If you have been accused of a crime, a South Florida criminal defense attorney can help you.

Distributed by Viestly

]]>Andrew StineFri, 23 Dec 2011 16:06:34 GMThttp://www.andrewdstine.com/blog-78/437-crackdown-on-counterfeit-merchandise.aspxPonzi Scheme in Fort Lauderdalehttp://www.andrewdstine.com/blog-78/434-ponzi-scheme-in-fort-lauderdale.aspxOne of two Ponzi scheme suspects has been freed from jail on bond after he and his alleged accomplice were arrested on charges they defrauded more than a dozen investors out of more than $6 million, records show.
Victor Brown, 54, of Hollywood, posted $150,000 bond for his release from Broward's Main Jail on Thursday evening. On Friday morning, his business partner, Roger Green, 78, of Stuart, remained jailed on the same bond amount. Both men were taken into custody Wednesday on charges of racketeering and conspiracy to commit first-degree racketeering, authorities said.

The Florida Department of Law Enforcement began investigating the men and their Fort Lauderdale company, Military Air Parts International, after people claiming to have been victimized stepped forward with complaints, a probable cause affidavit said.

From 2004 to 2007, Brown and Green raised millions of dollars by promising 18 percent returns on the resale of parts for military transport aircraft. But the pair, in control of company bank accounts, made out checks to themselves to withdraw a total of $1.7 million, and used debit cards to make other "extensive cash withdrawals," the FDLE said.

In what investigators described as a Ponzi scheme, Brown and Green kept the deception going by paying off some investors with funds raised from other investors.

As part of their inquiry, FDLE agents obtained sworn statements from 17 of 24 identified investors who were defrauded, the affidavit said. One investor told authorities that he kept investing because he received his money back from an initial transaction and "thought everything was legitimate," the affidavit said.

Brown's attorney, Thomas Sclafani, said the bulk of the alleged acts occurred more than five years ago, and questioned whether the alleged crimes were beyond the statute of limitations. The statute prevents charges from being filed when a certain amount of time elapses after the alleged crime's occurrence.
"I have a serious question about whether this case can even go forward," Sclafani said. "Even if it does, my client's innocence will be established in court."

A Ponzi scheme is a specific type of fraudulent investment. It is the act of using money received from investors to pay off other investors and personal expenses. Ponzi schemes are tactically organized to avoid using real profit for payments.

Usually when a Ponzi scheme makes the news, it involves short-term returns that are abnormally high – making the perpetrator more noticeable. Ponzi schemes only work if there is an increasing flow of money from investors. Without an increasing amount, the plan will eventually collapse in on itself if the money flowing in is not enough for return payments to the investors involved.

Fraud Criminal Defense
Fraud charges in the state of Florida are taken very seriously. Depending on the amount of money you are accused of, the minimum years in prison can vary between five and 30 years. The fine can vary from $5,000 to $300,000. If you have been accused of fraud, or worse, creating a Ponzi scheme, you need a criminal defense lawyer in your arsenal immediately. Only a criminal defense lawyer will be able to understand your circumstances and help avoid maximum sentences.

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]]>Andrew StineFri, 16 Dec 2011 15:51:00 GMThttp://www.andrewdstine.com/blog-78/434-ponzi-scheme-in-fort-lauderdale.aspxHow a Fort Lauderdale Man was Arrested for $11 Million Fraudhttp://www.andrewdstine.com/blog-78/422-how-a-fort-lauderdale-man-was-arrested-for-11-million-fraud.aspxFort Lauderdale is a premium area for investors. Unfortunately, with the amount of money flowing through the city in investments and ventures, there is a significant amount of crime that follows suit. Organized scheme to defraud is a crime that seems to be a common white-collar crime that makes South Florida headlines. Thursday, a Fort Lauderdale man was arrested for running an $11 Million fraud.

Fraud and Grand Theft

According to Florida Law, theft of more than $100,000 by fraud is a first-degree felony, punishable by up to 30 years and a $10,000 fine. The sentencing also varies depending on the type of fraud committed such as mortgage fraud, wire fraud, securities fraud, tax evasion, or organized schemes to defraud.

Fraud in Fort Lauderdale

A Fort Lauderdale business man was arrested Thursday after convincing several investors that he owned shares worth tens of millions of dollars of privately held companies like Facebook, Twitter, Groupon, and the game developer, Zynga.

John A. Mattera, 50, used a hedge fund he created called the Praetorian Global Fund to roll in the money he collected from optimistic investors. Mattera told the investors that he would keep the money secure in escrow accounts, according to Manhattan U.S. Attorney Preet Bharara.

According to a WPTV News report, Mattera spent at least $3.8 million of the investors’ money on personal expenses such as luxury cars, jewelry, home furnishings and interior design. He even began his own charity foundation that sponsored Florida Atlantic University football head coach Howard Schnellenberger’s weekly fan breakfasts. Mattera also joined the board of the American Red Cross Broward County Chapter. He has since been removed from the board.

IRS agents collected Mattera at his Fort Lauderdale home Thursday. He is being held and is facing extradition to New York. His charges include conspiracy to commit fraud, securities fraud, wire fraud, and money laundering.

Fraud Criminal Defense

Mattera is going to need an extremely experienced criminal defense lawyer to get him a minimal sentence from these charges. If you have ever been accused of fraud of any kind, you will need legal help from a criminal defense lawyer. If your lawyer has a cooperative relationship with prosecutors, you may be able to settle for just paying restitution. In Florida, restitution outweighs incarceration.

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]]>Andrew StineFri, 18 Nov 2011 16:13:57 GMThttp://www.andrewdstine.com/blog-78/422-how-a-fort-lauderdale-man-was-arrested-for-11-million-fraud.aspxWhat is the Seniors vs. Crimes Project?http://www.andrewdstine.com/blog-78/384-what-is-the-seniors-vs-crimes-project.aspxAll over South Florida, seniors are banding together to protect their own. Florida now has a growing army of “Senior Sleuths” dedicated to catching people who commit crimes against the elderly. These retirees and other silver-haired volunteers do everything from spend their time on the phone while in bed to conducting undercover investigations.

Seniors vs. Crime

The Seniors vs. Crimes project is expanding in South Florida with thousands of volunteers who investigate complaints from elderly consumers, according to the Palm Beach Post. These complaints can range from a roofer taking a deposit and disappearing, to fraud, to phone companies neglected to repay customers they over-billed.

One great example of the Senior Sleuths taking down crime is when an 83-year-old man participated in an undercover operation in Tampa that eventually led to the arrest of a water-purification system salesman. The salesman was charged with grand theft. Last year, the Senior Sleuths recovered over $200,000 for Palm Beach and Broward County victims.

Recently, the effort of the Seniors vs. Crime project led to the arrest of Robert Hoffman, the owner of a hurricane shutter company in Hallandale Beach. Hoffman’s company allegedly required customers to pay up to 80% of the cost upfront but never delivered in many cases. After the Senior Sleuths alerted the attorney general’s office, Broward Sheriff’s Office arrested Hoffman on charges of fraud and unlicensed contracting.

Criminal Defense

Have you ever been charged with a crime against an elderly person? If so, you are in for a long haul with the law unless you’ve consulted a criminal defense lawyer. Crimes against the elderly are taken very seriously by the law because the elderly seem to get taken advantage of especially when it comes to money. Organizing a scheme to defraud an elderly person can land you in jail for a long time. You would also have to pay restitution and additional fines and fees. A criminal defense lawyer will ensure that you have a fair trial and that your case is represented honestly and effectively.

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]]>Andrew StineMon, 22 Aug 2011 14:45:46 GMThttp://www.andrewdstine.com/blog-78/384-what-is-the-seniors-vs-crimes-project.aspxWhat is the Penalty for Wire or Mail Fraud?http://www.andrewdstine.com/blog-78/379-what-is-the-penalty-for-wire-or-mail-fraud.aspxFraud is a criminal act and form of intentional deception perpetrated for gaining profit or personal gain. There are several different kinds of fraud and so Florida legislature has responded with a new act. The Florida Communications Fraud Act is a consolidation of former fraud statutes that considers it to be a crime to defraud another individual through mail, internet, fax, phone, or any form of communication.

Florida Fraud in Boston

According to the Associated Press, four Florida men have been indicted in Boston in a $3 million scheme in which they used application packages nearly identical to a free federal application to scam struggling homeowners out of hundreds of dollars at a time.

The men arrested were 42-year-old Christopher Godfrey of Delray Beach, 40-year-old Dennis Fischer of Highland Beach, 51-year-old Vernell Burris Jr. of Boynton Beach and 34-year-old Brian Kelly of Boca Raton.

According to the Associated Press, “The indictment alleged their company, Home Owners Protection Economics Inc., (HOPE), virtually guaranteed clients a federally-funded home loan modification and charged thousands of customers a $400 to $900 upfront fee.”

The indictment also alleged that many of the applications were denied. The men face charges including nine counts each of wire and mail fraud.

Florida Communications Fraud Act

According to Florida Statute 817.034, any person who engages in a scheme to defraud and obtains property thereby (property meaning anything of value) is guilty of organized fraud. If the amount of property obtained has an aggregate value of $50,000 or more, the defendant is guilty of a first-degree felony. A first-degree felony can result in up to 30 years in prison and a $10,000 fine plus restitution.

Fraud Criminal Defense

If you have been accused of scheming to defraud or of committing any type of fraud, whether it’s mail fraud, mortgage fraud, or wire fraud, you are still entitled to a fair trial. A criminal defense lawyer will conduct his own investigation into your case and will aggressively fight to protect your rights during your case. A criminal defense lawyer will most likely advise you to pay restitution which usually results in the prosecution backing down so your sentence will be mitigated significantly.

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]]>Andrew StineWed, 10 Aug 2011 14:24:14 GMThttp://www.andrewdstine.com/blog-78/379-what-is-the-penalty-for-wire-or-mail-fraud.aspxShould Doctors at Pain Clinics be Worried?http://www.andrewdstine.com/blog-78/377-should-doctors-at-pain-clinics-be-worried.aspxLaw enforcement officers in South Florida are cracking down on pain clinics. The FDLE and DEA are very concerned with the amount of prescription pain pills that are being illegally peddled through pain clinics. The doctors of several pain clinics have been arrested and charged with drug trafficking. There is usually a residual charge of fraud as well. A criminal defense lawyer can explain the whole process if you have been charged with drug trafficking.

Pill Mill in West Palm Beach

West Palm Beach doctor Dr. John Christensen is under investigation after the FDLE conducted a raid on his pain clinics and home, totaling in a raid of four locations. Dr. Christensen has not been arrested or charged with any crime but due to the multi-agency investigation, his license to practice as a doctor or a chiropractor has been suspended.

According to WTPV News, Dr. Christensen's business is called the A1A Health and Wellness Clinic. The FDLE seized patient records and computer hard drives. A witness said the business was only accepting cash.

Mike Driscoll, the FDLE Resident Agent in Charge says, "It was brought to our attention that possibly other illegal activities were occurring involving the prescription of narcotics - pain medication and so forth."

According to WPTV News, Florida's Department of Health just released the details of the emergency suspension order against Dr. Christensen. According to the document, it claims that Dr. Christensen sold illegal prescription drugs between May of 2008 and June of this year, without performing any medical exams on the patients receiving the medications. It also claims Dr. Christensen committed insurance fraud.

Prescription Drug Trafficking Defense

Drug trafficking in the state of Florida is a serious offense. Doctors that prescribe pain pills without exams will be charged severely. The only person that can protect your rights and ensure you a fair trial is a criminal defense lawyer.

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]]>Andrew StineFri, 05 Aug 2011 13:58:33 GMThttp://www.andrewdstine.com/blog-78/377-should-doctors-at-pain-clinics-be-worried.aspxHow Serious is Grand Theft of an Elderly Person?http://www.andrewdstine.com/blog-78/360-how-serious-is-grand-theft-of-an-elderly-person.aspxHave you ever wondered what type of felony it is to steal from an elderly person? Because of their age, it is a very sensitive crime and depending on the amount, can be a first, second ,or third degree felony. According to an article in the Palm Beach Post, two women employed by the state have been caught taking advantage of an elderly woman and stealing from her while she was hospitalized for dementia.

Grand Theft of an Elderly Person

The women were adult protective investigators with the Florida Department of Children and Families. They were assigned to protect 85-year-old Jane Janssen and instead stole about $20,000 from her bank accounts.

Palm Beach Police conducted an investigation and arrested the women, Mindi Marie Berry, 33, and her DCF supervisor, Greta Laverne Lambert, 41. A third woman was arrested as well, a member of an escort service hired to cash stolen checks.

An agency spokesman said Berry and Lambert were fired in November after DCF learned of the police investigation.

The women face charges of organizing a scheme to defraud, grand theft from an elderly person, credit card fraud and identity theft.

Grand Theft of an Elderly Person and the Law

An elderly person is considered anyone over the age of 65. A person is charged with grand theft of an elderly person if he or she is accused of stealing more than $1,000 from a person over 65. Anyone convicted of such a crime must pay restitution and participate in up to 500 hours of community service in addition to any other sentencing as decided by the judge. Grand theft of an elderly person is a first degree felony if the defendant was aware that the victim was older than 65 and the stolen property amounted to more than $50,000. (Between $10,000 and $50,000 is a second degree felony).

Grand Theft Criminal Defense

Taking advantage of elderly or disabled people is not a crime that is taken lightly in the eyes of the law. Unfortunately it is not all that uncommon either. If you have been charged with grand theft of an elderly person, you need someone to defend you right a way. Contact a criminal defense lawyer so you can at least have a chance at a sentence of just paying restitution and completing community service. 

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]]>Andrew StineWed, 29 Jun 2011 15:07:22 GMThttp://www.andrewdstine.com/blog-78/360-how-serious-is-grand-theft-of-an-elderly-person.aspxHow Problematic is Day Care Fraud in Palm Beach Countyhttp://www.andrewdstine.com/blog-78/357-how-problematic-is-day-care-fraud-in-palm-beach-county.aspxDay care fraud is not a crime commonly talked about. It is the act of lying about your current salary in order to receive government assistance to send your child to day care. Even though it is not a crime that commonly makes headlines, it is still a problem in Palm Beach County.

Day Care Fraud

According to WPTV News, last year, 16 Palm Beach County parents were forced to pay back nearly $70,000 in stolen money.

In one recent case a mother of three admitted she lied about her salary, submitting a dozen bogus employment letters so she could rake in more than $40,000 in day care subsidy cash.

In another recent case, a mother failed to mention she worked for the government when she used the government to cash in on more than $15,000 in child care assistance.

Day care fraud is a problem in Palm Beach County with no easy solutions.

"At what point do you punish the child for the actions of the parent?" asked Warren Eldridge, Executive Director of the Early Learning Coalition of Palm Beach County.

Parents found guilty of stealing public day care money often get a slap on the wrist. Parents forced to pay back restitution can still apply for future government assistance.

Suspected cases of day care fraud eventually make their way to state investigators but with limited resources within the Florida Department of Financial Services, only a few ever get results.

Fraud Criminal Defense

If you have ever been accused of fraud, you already have a good idea of how difficult the court process is. It is difficult to defend yourself for stealing money because there are always reasons and special circumstances that drive you to take the actions you take. A criminal defense lawyer understands how difficult it is to defend fraudulent activities. Only a criminal defense lawyer can help you in this case. Depending on the amount of defrauded money, paying restitution could give you the chance to have your charges dropped and walk away with a slap on the wrist.

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]]>Andrew StineWed, 22 Jun 2011 13:50:22 GMThttp://www.andrewdstine.com/blog-78/357-how-problematic-is-day-care-fraud-in-palm-beach-county.aspxHow do Ponzi Schemes in South Florida Work?http://www.andrewdstine.com/blog-78/351-how-do-ponzi-schemes-in-south-florida-work.aspxA Ponzi scheme is a specific type of fraudulent investment. It is the act of using money received from investors to pay off other investors and personal expenses. Ponzi schemes are tactically organized to avoid using real profit for payments. 

Usually when a Ponzi scheme makes the news, it involves short-term returns that are abnormally high – making the perpetrator more noticeable. Ponzi schemes only work if there is an increasing flow of money from investors. Without an increasing amount, the plan will eventually collapse in on itself if the money flowing in is not enough for return payments to the investors involved.

Ponzi Schemes in South Florida

A South Florida real estate talk show host was arrested last week and accused of creating a Ponzi scheme. Anthony F. Cutaia was accused of recruiting investors for commercial real estate projects organized by his own company in Boca Raton, CMG Property Investment Group, according to WPTV News.

The U.S. Attorney’s Office filed a complaint Friday discussing the scheme. Cutaia allegedly invested little of the investors’ money and instead used it to pay off other investors and pay personal and business expenses, according to the complaint.

This is a classic example of a Ponzi scheme where the money just ran out.

Cutaia, host of “Talk About Mortgages and Real Estate,” could be facing a maximum of 20 years in prison, and a $250,000 fine.

Fraud Criminal Defense

Fraud charges in the state of Florida are taken very seriously. Depending on the amount of money you are accused of, the minimum years in prison can vary between five and 30 years. The fine can vary from $5,000 to $300,000. If you have been accused of fraud, or worse, creating a Ponzi scheme, you need a criminal defense lawyer in your arsenal immediately. Only a criminal defense lawyer will be able to understand your circumstances and help avoid maximum sentences. 

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]]>Andrew StineWed, 08 Jun 2011 13:18:55 GMThttp://www.andrewdstine.com/blog-78/351-how-do-ponzi-schemes-in-south-florida-work.aspx