Brooklyn

Published on: February 15, 2012

Defendant Claims State Drug Statute Violates the Constitution

by Stephen Bilkis

On November 7, 1974, the Supreme Court of Monroe County, New York was called upon to hear the appeal of a drug possession conviction. According to a Brooklyn Criminal Lawyer, New York man was convicted after a jury trial of “Criminal Sale of a Controlled Substance in the First Degree based on a $5000.00 sale of cocaine, Criminal Possession of a Controlled Substance in the Fifth Degree, and Criminally Using Drug Paraphernalia in the Second Degree.” The appeal of the offender’s cocaine possession and sale case was based on the contention by the offender that the state’s statute was written in violation of the United States Constitution.

According to a New York Criminal Lawyer, the offender claims that the punishment imposed on Class A drug felons is cruel and unusual in violation of the Eighth and Fourteenth Amendments to the United States Constitution. The defendant argued that the sentences for drug offenses in New York are disproportionate to the offenses themselves. He sites in his behalf that other jurisdictions have lowered their mandated sentences when they were determined to be disproportionate. He contends that New York’s failure to do so makes them in violation of the United States Constitution.

Secondly, the defendant claims that the legislation is an arbitrary classification which denies equal protection of the laws because New York’s Class A drug offenses are punished more severely than Class A drug offenses in other jurisdictions.

Published on: February 12, 2012

Court Rules on Sex Acts with Minors Case

by Stephen Bilkis

A jury convicted David L. Perkins of numerous crimes arising out of his conduct in providing alcohol to and engaging in sex acts with his daughter’s teenage friends. County Court had imposed the maximum sentence, an entire sum of 36 years in prison.

According to a New York Criminal Lawyer, Perkins asserted that there was legally insufficient evidence to convict him of sexual abuse because the court had failed to establish that the victim was physically helpless but the court asserted that the victim’s testimony that she blacked out and “was so drunk that she didn’t know what was going on,” was sufficient to establish the presence of physical helplessness.

A Booklyn Criminal Lawyer who witnessed the trial said that each victim testified consistently and with particularity about the sexual acts committed against them by Perkins and to being provided with alcohol at Perkin’s house. The court said that contrary to Perkin’s testimony, the record clearly revealed that the victims were under the age of 17 at the time of the crimes. The court also stressed that although some of the victims could not recall the precise dates or times of the incidents, “any consistencies regarding date and time did not render all of their testimony incredible as a matter of law, and we find no basis upon which to disturb the jury’s resolution of this credibility issues”.

Published on: February 11, 2012

Court Rules on Sex Crimes Case

by Stephen Bilkis

These days, it is very hard to trust others especially when it comes to leaving our kids with people who you can truly rely on. There are many cases these days where nannies and even babysitters are accused of committing sex crimes that involve the children of their own employers according to a New York Criminal Lawyer. This goes the same for this case that is considered as an example here in this report for you to understand better the legal proceedings for such cases. The one involved here as the accused is James Watt.

Watt was convicted of rape, sodomy and for putting into danger the welfare of a little child. The crimes involved in his case are considered very heinous since it was committed against innocent and helpless tiny girls who are under 11 years old. These kids according to their parents were entrusted to him since he operates a basement based daycare center in the community. The problem that made everything worse because the daycare center was not registered.

All of the kids involved as victims gave their testimonies in detail even if it was really heinously specific in detail. A Brooklyn Criminal Lawyer backed this all up with formal medical evidence from experts done through proper medical examinations of the children. Many of them already showed suffering from diseases which are sexually transmitted. It was actually very sensitive to discuss but this could be a true learning experience for many and how they would be able to protect their children. The total number of crimes that was perpetrated against him includes twelve kids. This of course means that this case should be well investigated and be well prepared.

Published on: February 7, 2012

SEC Whistleblower Program Results Not Very Promising

by Stephen Bilkis

In July 2010, the Securities and Exchange Commission (SEC) launched a new program for government and corporate sector employees that allowed them to safely provide information about possible fraud and other illegal activities they have witnessed or heard about. This program is part of the financial reform bill passed last year. So far, the new program has received only 168 complaints and tips. This number represents complaints and tips through February 2011, reports a New York Criminal Lawyer. But this number much lower than expected considering other whistleblower groups such as the National Whistleblowers Center and the whistleblower program run by the Department of Justice which receive hundreds of tips and complaints each year.

The National Whistleblowers Center provides informants with legal representation while the Department of Justice offers financial compensation to those that come forward. The SEC also offers financial compensation to those who choose to provide investigators with tips and other information. Informants may earn up to 30% of all monies collected in penalties or lawsuits that total more than 1 million dollars.

Specific rules governing how government and corporate sector employees file a complaint with the SEC may explain why many are hesitant to do so. Many government agencies and companies require employees to first file a complaint or provide tips through internal whistleblower programs first before filing their complaint with the SEC, says a Brooklyn Criminal Lawyer. Employees may be hesitant to file complaints with the SEC if they have to go through several agencies to do so. Filing multiple complaints may jeopardize their careers or create unwanted tension in the workplace.

Published on: February 5, 2012

Immigration Attorney Could Spend Decades in Prison

by Stephen Bilkis

A 40 year-old immigration attorney faces charges for 28 counts of fraud, conspiracy activity, and 42 counts of alien harboring with the intent of personal financial gain, so reports a New York Criminal Lawyer. The accused attorney held a great understanding of the US visa program, and used his inside knowledge to manipulate the system by intentionally overlooking his clients eligibility for three consecutive years.

The accused also charged his clients unreasonably high fees, claiming that he would help them obtain faulty ‘green-cards’. This kind of behavior would lead many to believe that they would be receiving resident alien status, something that would dramatically change their lives. Not only has this man taken advantage of many clients financially, but also emotionally, by holding out unrealistic promises—based on lies.

A Brooklyn Criminal Lawyer explains, that the charged, after being presented before the court was released on a $50,000 secure bond, under the pretenses that he would be forced to surrender US & UK passports. The future doesn’t looks so bright for the accused, as with each count he will have to deal with a quarter of a million dollars in fines. In addition, with each count, he will also face a decade in prison, with exception of the conspiracy charge, that stipulates a maximum of five years in prison. Whatever personal gain, this man thought he had coming, it will pale in comparison to the years he will spend in prison, and the lives he ruined along the way.

Published on: February 4, 2012

Under the law: Celebrities cited for tax discrepancies respond in different ways

by Stephen Bilkis

Consider the following phrase: Tax season. What thoughts come to mind? If you find yourself cringing, you are not alone. Several notable celebrities have failed to maintain their obligations to Uncle Sam, as observed by a New York Criminal Lawyer.

Did you ever consider that Batman might have tax trouble? A popular star of “Batman Forever” fame was issued a $498,165 IRS lien last November for failing to fully pay taxes in 2008, according to the Associated Press. However, the star righted this wrong in a responsible way in 2009 by paying up, according to an entertainment website called TMZ.

What about the “A-list” “National Treasure” star who faced several successive IRS tax liens in the past few years, which at one point amounted to a tab of $13.3 million owed. The details included a disagreement between the star and a financial advisor/manager as well as a legal action on the part of both men, against one another. Again, a Brooklyn Criminal Lawyer notes that the actor smoothed over his troubles responsibly: according to People.com he is “under new business management and am happy to say that I am current for 2009.”

Published on: January 27, 2012

Waitress sues her employer for assault

by Stephen Bilkis

It’s a tough environment these days when it comes to finding work to pay the bills. Sometimes that means taking jobs you might not normally consider, because you know you need to keep food on the table. In this case, indicated a New York City Criminal Lawyer, a former cocktail waitress found herself in a difficult situation at work. She stated in her federal lawsuit that she was fed handfuls of drugs and then expected to have sex with the customers.

There was no doubt a hostile work environment for this woman. She worked for one of the largest club operators in her area as a cocktail waitress. The work conditions just got to be too much for her and she chose to quit, move on and file a lawsuit.

The lawsuit was actually filed with several allegations in it that included assault, sexual harassment and conspiracy. Now this lady would have had a choice as to which type of lawyer she would need to file her complaint seeking compensation.

Published on: January 24, 2012

Former CEO of a Texas-based investment firm indicted on multiple counts of fraud

by Stephen Bilkis

A former CEO of a major financial firm was recently charged with several counts of white collar crimes that included wire fraud, securities fraud and money laundering.

As of February 28, the former Chief Executive Officer of a notable firm situated in Austin, TX was scheduled to be arraigned in a federal district court to hear his multiple charges. A New York Criminal Layer notes that the man is alleged to have fraudulently raised $50 million from investors in a malicious and manipulative scheme that involved money laundering, wire fraud and securities fraud. The allegations go into greater detail by describing the fact that the defendant manipulated contacts from church as well as former NFL football stars to cultivate this scheme, which had the personal enrichment of the defendant as its primary motivating factor.

The Austin-based firm, which specializes in investments, was placed in receivership in 2009 by the judge presiding over the case in its initial development. This event was a result of the sobering fact that the U.S. Securities and Exchange Commission (SEC) took action against the firm by way of a securities lawsuit. Though the defendant and former CEO of the firm is facing a major indictment of 39 counts, A Brooklyn Criminal Lawyer explained that is has not yet been revealed what the outcome of the indictment was. What is known is that, according to authorities, the man did not act merely on his own behalf. It appears that his investment manipulation also benefitted the Chief Financial Officer of the Austin-based firm, who is not named.

Published on: January 18, 2012

County Investigation Results in Sex Arrests

by Stephen Bilkis

Following an undercover police investigation that resembled a Dateline type sting, deputies in Florida arrested 21 men and one woman, ages from 20 to 59, according to a New York Criminal Lawyer. The arrests are the fruition of a week long investigation that brought individuals from different parts of the state for the sole purpose of having sex with 14-year old boys and girls.

The sheriff’s office used undercover officers that posed as 14-year old children online and included age-regressed photographs of the undercover officers, a Brooklyn Criminal Lawyer was told. The deputies communicated with the suspects electronically via email, instant messages, and over the phone. The individuals are those who responded to ads placed by deputies on Craigslist. The Sheriff’s Office also worked closely with the State Attorney’s office, so that any legal issues that can often arise due to the nature of these types of investigations, most notably entrapment, could be avoided.

Following the arrests, the County Sheriff stated that he did hate to say that the investigation was fruitful. He also asked just how many more of these child predators are loose on the children in Florida that they are unaware. In the Sheriff’s own words, “The sheriffs of this state are tired of it.”

Published on: January 17, 2012

DWI Cases Suspended

by Stephen Bilkis

The police department in Seattle has launched a major internal investigation into the alleged mishandling of dozens of DWI cases by members of the department’s DWI Squad. This means some cases will have to be placed on hold while the investigation goes on.

A local attorney made a statement that his criminal division will go over recent and past driving-under-the-influence (DWI) cases to figure out if they may be affected by what might be found during the police investigation, a New York Criminal Lawyer alleges about the case.

Sources familiar with the matter and later confirmed by the department states that there were arrest warrants that weren’t properly filed and investigated.