Criminal Defense Attorney | Criminal Defense Law

Blog Published By Kenneth Padowitz, P.A.

‘White Collar Crimes’

Supreme Court to Law Enforcement: Do Not Freeze Untainted Assets

seize assets by law enforcement | supreme court ruling | criminal lawyer Kenneth Padowitz

The precedent was set in 1989. In a United States v. Monsanto case, the Supreme Court held that a suspect who violated the Continuing Criminal Enterprise (CCE) and the Racketeer Influenced and Corrupt Organizations (RICO) should not have access to the funds obtained through illegal activity. Accordingly, the criminal defendant may not use the illegal funds to pay for counsel. Furthermore, the defendant may not benefit from the illegal activity he or she partook in. This is doubly so if the monies obtained from the illegal activity constitutes part of the evidence of the crime perpetrated. Luis v. United States For a while, it seemed that the U.S. Supreme Court decision offered prosecution carte blanche to freeze just about any asset belonging to the defendant. It appears that wasn’t the exact interpretation of the 1989 verdict, as a recent decision proves. The recent decision, occurring almost 27 years later, emanated from the Luis v. United States case. It sought to put an end to the age-long practice of freezing all finances and assets of anyone implicated for white-collar crimes. Background The Luis v. United States… Read More

Sports Betting | White Collar Crimes

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Four men have recently been charged by the Florida attorney general’s office with accusations stemming from an investigation looking into illegal sports betting. Racketeering, and illegal bookmaking are said to be involved; Assistant Statewide Prosecutor Jessica M. Dobbins calling it an “extensive case”. The illegal enterprise is said to have managed millions of dollars in illegal betting from sporting events; illegal wagering was placed in person and in some cases with the help of the internet. Details of the investigation were sealed from the public. Erik Bishop, currently living in Parkland, has been charged with racketeering, racketeering conspiracy, numerous charges of bookmaking, bookmaking conspiracy, and the use of a two-way communications device to help facilitate a felony. Michael Dangelo, a resident of Pompano Beach, has been charged with the same crimes as Bishop, with an additional charge of money laundering. Darren Klein, who currently resides in Coral Springs, has been charged with racketeering, racketeering conspiracy, bookmaking conspiracy, money laundering, and the conspiracy to commit money laundering, and the use of a two-way communications device to assist in the facilitation of a felony offense. Darren Klein’s… Read More

Federal Crimes

Fort Lauderdale Criminal Defense Attorney | FBI & Federal Crimes

Federal Crimes What are Federal Laws? Federal laws are passed by Congress and apply throughout the United States, including Washington D.C. Often times, criminal acts are considered offenses in both State and Federal law; prosecutors must then decide whether the perpetrator should be tried in State or Federal Court. Some crimes are written in Title 18 of the United States Code, which is the Federal criminal code; others will be listed under other titles, for example: possession of banned firearms which is listed under the National Firearms Act, and tax evasion are both criminalized in Title 26 of the United States Code. What Does it Mean to be Charged with a Federal Crime? When charged with a federal crime, you will be dealing with local or State law enforcement, along with any Federal agencies (FBI, U.S. Immigrations and Customs Enforcement, DEA, U.S. Secret Service, or Criminal Investigation division of the IRS) involved in the investigation. The FBI is the agency that investigates and prosecutes the majority of Federal offenses. With extensive resources, sweeping authority, and highly trained personnel, these Federal agencies allow the prosecution to… Read More

PUSH FOR LIGHTER SENTENCES FOR WHITE COLLAR CRIMES

White collar crimes criminal defense

GROUP PUSHES FOR LIGHTER SENTENCES FOR WHITE COLLAR CRIMES Families Against Mandatory Minimums has entered the picture for Americans convicted of fraud and other white-collar crimes. An advocacy group that has primarily fought strict drug sentences, has begun to shift their attention towards lighter punishment for financial crimes. It’s been noted that sentences in cases of fraud, insider trading and other economic crimes are now and again inconsistent and excessive, says the advocacy group Families Against Mandatory Minimums (FAMM). Lighter sentences for white-collar crimes have been an issue that many defense lawyers and some federal judges been trying to resolve. Unfortunately their efforts have been unsuccessful. This is due to the fact that consumer advocates along with Congress believe that more cases should have been brought against Wall Street during the financial crisis of 2007-2009. Prolonged prison terms have resulted from dozen of these cases over insider trading by Federal prosecutors in New York and other districts. Judges are still relying heavily on sentencing guidelines for consistency, even though they are advisory rather than mandatory. The guidelines are “mixed up and crazy” argue the advocates which… Read More