Cyber Crime Lawyer Blog

As a South Florida tax evasion criminal defense attorney, I wrote a great deal last year about a crackdown on U.S. taxpayers who fail to declare income from overseas bank accounts. That crackdown was sparked by revelations from an employee of Swiss bank UBS that the bank had actively helped U.S. clients avoid reporting income. As a result, the IRS launched a special amnesty program that offered lighter penalties for taxpayers who came clean before mid-October -- but promised harsh penalties for proven tax evaders. At the same time, a lawsuit from U.S. authorities required UBS to turn over the names of tax evaders, which caused controversy in Switzerland’s famously secretive banking community. Now, the New York Times reported Jun 15, the Swiss Parliament has approved a deal that would end the international dispute -- but wants to put it to a popular vote, putting the outcome in doubt.

Switzerland agreed in August of 2009 to turn over 4,450 names, to settle a lawsuit brought by the U.S. Justice Department. But the Swiss high court ruled that parts of the settlement violated Swiss banking law, so the country’s legislature had to approve changes to the law in order to comply with the settlement agreement. The upper house of the Swiss Parliament has already approved the law but not a referendum; the lower house approved both. Now, the upper house must hold another vote, and if the two houses can’t agree, the settlement agreement could be broken. The referendum, if it passes, would take months, with no guarantee of a vote that would confirm the settlement agreement. That means there will certainly be some delay before the 4,450 names are turned over, keeping all of those U.S. taxpayers in further suspense despite nearly a year since the agreement was reached. If the Swiss government and people can’t meet their obligations, the Justice Department could take further legal action.

For taxpayers with UBS accounts who are not eager to see their names given to the IRS, this delay could be a relief. But it’s only a temporary relief, and as a Miami tax evasion criminal defense lawyer, I urge taxpayers who think they might be on that list not to ignore it. The IRS has already signaled that it intends to deal harshly with people who it thinks intentionally evaded their taxes, a crime that brings up to five years in prison and steep fines that can exceed the amount of income not declared. By contrast, the IRS was gentle last year with people who voluntarily disclosed undeclared income ahead of an Oct. 15 deadline, promising a low possibility of prison and fines of 5 to 60 percent of the undeclared income. The voluntary disclosure program was extremely popular -- so much that the IRS extended it an extra month -- and brought in accountholders at other overseas banks as well as UBS clients.

Presumably, all of those voluntary disclosers felt that staying silent wasn’t worth the risk of being identified and harshly prosecuted. Many people with overseas accounts rely on their accountants or the relatives who once owned the accounts for information on taxes. Some may not have realized they were doing anything illegal, especially since UBS admits that it actively helped clients hide their assets. The IRS may deal less harshly with those people -- but only if it believes they were acting in good faith. Voluntary disclosure is one way to show good faith and secure a promise of more lenient treatment.

However, it’s important to realize that voluntary disclosure can require more interactions with the IRS as it verifies your paperwork and evidence of good faith. That’s why many voluntary disclosers in 2009 hired Fort Lauderdale tax evasion criminal defense attorneys like me. An attorney can help clients determine which documents and information must be disclosed to the IRS. Clients may also want a defense lawyer by their sides as they sit through the in-person interviews with the IRS that were frequently required during last year’s voluntary disclosure program. And of course, an experienced tax evasion criminal defense lawyer can help clients confused by our Byzantine tax code decide whether they need to disclose in the first place. But to do this successfully, taxpayers must approach the IRS before it approaches them, because a voluntary disclosure won’t be honored if it comes after the taxpayers find out they’re under investigation. So it’s essential to get started as soon as possible -- before the Swiss government can approve its settlement.

Continue reading "Swiss Considering Referendum on Law That Would End Tax Dispute With the U.S. " »

Polk County Sheriffs office rounded up 50 individuals and charged them with crimes ranging from possession of child pornography, sexual abuse, to production of child pornography. These charges range in penalties, but carry the designation of sex offender for life. David Seltzer is an experienced attorney when it comes to child pornography and cyber crime cases. All consultations are FREE and we practice throughout the United States. Please call today 24/7 if you or a loved one are facing any cyber crime or child pornography related charges. We can be reached toll free at 1-866-ARRESTED (within Florida), or at 305-444-1565. For more information on child pornography or the firm, please visit our website.

As a Fort Lauderdale sex offender registration violation defense attorney, I work with sex offenders who face a lifetime of restrictions on their movements and activities. This work has given me insight into the effects these laws have on the lives of people who are trying to build new lives while obeying the law, as well as their neighbors. That’s why I was pleased to see that the state Legislature is working to help them by making sex offender restrictions uniform across the state, and removing the most onerous local restrictions on residency. The law would replace a patchwork of 168 local regulations that can create confusion among offenders by setting different residency standards in different cities and counties. It will also make regulations more effective by restricting offenders’ daytime activities.

The proposed bill in the Florida Senate would establish a 2,500-foot zone around schools and day care centers. Registered sex offenders would not be permitted to live in those zones and must leave them between 10 p.m. and 6 a.m. This is the same distance as restrictions already in place in Miami-Dade, Broward and Palm Beach Counties, but includes fewer places where children may gather. This part of the bill seeks to stop sex offender laws from creating homelessness, the South Florida Sun-Sentinel said April 14. The bill also establishes 300-foot buffer zones around schools, day-care centers, parks and playgrounds. Again, sex offenders may not loiter or “prowl” in those zones, but this restriction applies 24 hours a day. The Florida House version of the bill contains the buffer zones but omits the 2,500-foot residency restriction. It also prohibits offenders from dressing as Santa Claus or clowns, or passing out candy on Halloween. The House will vote April 22 on its measure.

This bill follows on the heels of a Miami-Dade County ordinance establishing buffer zones, and Broward County is considering a similar law. In fact, state lawmakers have been debating such a law for at least three years, since the colony of homeless offenders under the Julia Tuttle Causeway gained national attention. As a West Palm Beach sex offender registration criminal defense lawyer, I am delighted that the state is finally tackling this issue, and in a way that serves both the public interest and the needs of sex offenders trying to build new lives. Supporters say the buffer zones are actually more effective than residency restrictions, because they keep offenders away from kids during the day -- when schools and day-care centers are actually open.

By contrast, residency restrictions allow offenders to legally hang around schools and parks during the day. And as I’ve written here several times, those restrictions also make it very difficult for offenders to find a legal place to live. This helps create homelessness among offenders, who are typically legally barred from living with family members or friends and may not have access to affordable housing anywhere. The lack of a fixed address makes it harder for homeless ex-offenders to find a job, and all of those circumstances help alienate them from the society they should be trying to re-enter. In addition, homelessness makes it harder for law enforcement to track the movements of offenders, one of the stated goals of the original laws. This bill is one step toward taking away those problems.

The Senate version of the bill has attracted criticism from people who believe the 2,500-foot residency restriction is too restrictive and can still cause homelessness. As a Miami sex offender registration criminal defense attorney, I would prefer a smaller residency restriction, or one that’s narrowly targeted according to the circumstances. But even with the 2,500-foot restriction, this bill is still less restrictive than many county ordinances, and that’s something to celebrate. And with the buffer zone, the Legislature may be able to genuinely protect children better while also making Florida an easier place to live for registered sex offenders.

As a Miami sex offender registration defense attorney, I was extremely interested to read that the city is taking steps to destroy its most notorious homeless encampment. According to a March 6 article from the Miami Herald, city work crews destroyed the encampment next to the Intracoastal Waterway that had housed as many as 100 homeless registered sex offenders. Many ended up there after sex offender residency restrictions made it difficult for them to live with relatives. But the camp caused a public outcry after it was discovered that law enforcement was actually sending offenders there if they had no place to go after release.

Mario Vasquez says this happened to him. The 24-year-old says Miami-Dade police ordered him to move under the bridge after his release from prison four years ago. He served two years for having consensual sex with his 14-year-old girlfriend when he was 18. State lobbyist Ron Book, who has been fighting to break up the sex offender camp, said he would work with county authorities to find another place for Vasquez or send him back to his native Dominican Republic. Book heads the county’s Homeless Trust and has helped many of the offenders find other housing. He also helped pass the original sex offender residency laws, which he still supports, although he said he never intended to create police-ordered homeless encampments.

The Miami Herald had video of the camp’s dismantling:

A former resident of the camp named Patrick told the newspaper that there will be another such camp, even if it’s not under this particular bridge. As a Fort Lauderdale sex offender registration defense lawyer, I am concerned that Patrick may be right. Even when police don’t outright tell offenders to live under a bridge, the harsh restrictions keep them from living in almost any populated area. Without family or friends to fall back on, and with no job waiting when they get out of prison, they may have no way to avoid homelessness. This is bad for the offenders’ basic needs and rights, of course, and it makes it harder for them to get jobs and return to society. But it’s also a problem for law enforcement, because homeless offenders are harder to keep track of -- undermining the original purpose of the registration laws.

As a West Palm Beach sex offender residency criminal defense lawyer, I don’t know of any other crime that is treated as harshly as sex offenses. After other kinds of offenders have done their time and served probation, they only have limited restrictions on their rights and obligations to disclose their pasts. This includes people convicted of serious and violent, but non-sexual, crimes. As the article points out, Miami-Dade County has already taken steps to open more areas to residency by offenders, and other counties (or the Florida Legislature) may follow. But if legislators don’t have the courage to open up residency laws for offenders who merit lighter treatment -- or even distinguish between types of offenders -- Patrick’s prediction is likely to come true.

As a Miami sex offender registration defense attorney, I was extremely interested to read that the city is taking steps to destroy its most notorious homeless encampment. According to a March 6 article from the Miami Herald, city work crews destroyed the encampment next to the Intracoastal Waterway that had housed as many as 100 homeless registered sex offenders. Many ended up there after sex offender residency restrictions made it difficult for them to live with relatives. But the camp caused a public outcry after it was discovered that law enforcement was actually sending offenders there if they had no place to go after release.

Mario Vasquez says this happened to him. The 24-year-old says Miami-Dade police ordered him to move under the bridge after his release from prison four years ago. He served two years for having consensual sex with his 14-year-old girlfriend when he was 18. State lobbyist Ron Book, who has been fighting to break up the sex offender camp, said he would work with county authorities to find another place for Vasquez or send him back to his native Dominican Republic. Book heads the county’s Homeless Trust and has helped many of the offenders find other housing. He also helped pass the original sex offender residency laws, which he still supports, although he said he never intended to create police-ordered homeless encampments.

The Miami Herald had video of the camp’s dismantling:

A former resident of the camp named Patrick told the newspaper that there will be another such camp, even if it’s not under this particular bridge. As a Fort Lauderdale sex offender registration defense lawyer, I am concerned that Patrick may be right. Even when police don’t outright tell offenders to live under a bridge, the harsh restrictions keep them from living in almost any populated area. Without family or friends to fall back on, and with no job waiting when they get out of prison, they may have no way to avoid homelessness. This is bad for the offenders’ basic needs and rights, of course, and it makes it harder for them to get jobs and return to society. But it’s also a problem for law enforcement, because homeless offenders are harder to keep track of -- undermining the original purpose of the registration laws.

As a West Palm Beach sex offender residency criminal defense lawyer, I don’t know of any other crime that is treated as harshly as sex offenses. After other kinds of offenders have done their time and served probation, they only have limited restrictions on their rights and obligations to disclose their pasts. This includes people convicted of serious and violent, but non-sexual, crimes. As the article points out, Miami-Dade County has already taken steps to open more areas to residency by offenders, and other counties (or the Florida Legislature) may follow. But if legislators don’t have the courage to open up residency laws for offenders who merit lighter treatment -- or even distinguish between types of offenders -- Patrick’s prediction is likely to come true.

As a Fort Lauderdale drunk driving criminal defense attorney, I was not at all surprised by a recent article in the Daytona Beach News-Journal. The newspaper is in the middle of a three-part series on drunk driving in Volusia County, focusing on cases where prosecutors brought only one DUI charge, typically against a first offender. Its first part, published Dec. 27, looks at how prosecutors decide to drop, reduce or pursue DUI charges. Its unsurprising conclusion: Defendants with private attorneys are more than twice as likely as those with public defenders to win dropped or reduced charges, which means they never get a first drunk driving conviction on their records.

The article goes into detail about why defendants with private representation tend to do better than those with public defenders. According to the News-Journal, public defenders often aren’t even assigned to a DUI case until the defendant makes a decision about how to plead. They also have heavy caseloads -- 300 to 400 cases each, the newspaper said. By contrast, private attorneys can get involved as soon as the defendant calls, and their caseloads are typically closer to 50 cases at a time. They also have specialized DUI defense experience, giving them a better chance of finding flaws in the cases against their clients. Other factors making dropped charges more likely include mistakes by the arresting officer, flawed evidence and videotapes of the arrest that don’t show obvious intoxication. And the article noted that public defenders cannot represent clients at the DHSMV hearing, as private attorneys can and do.

I use these defenses almost routinely in my work as a Miami-Dade DUI defense lawyer. As the article notes, one mistake by an officer can mean throwing out the evidence created by that mistake. For example, one woman in the article was told that she had to submit to field sobriety tests, which is simply not true in Florida. Her lawyer filed to suppress the resulting evidence, which ultimately allowed her to plead guilty to reckless driving. A conviction for reckless driving still carries probation and alcohol classes -- but it keeps a DUI off your record. That means there won’t be a first conviction on your record in the event of another DUI charge -- though the article says 90% don’t re-offend.

I believe this is the strongest argument possible for hiring a South Florida DUI criminal defense lawyer like me, if you’re facing drunk driving charges. The penalties for a first intoxicated driving conviction in Florida are severe, including potential jail time, loss of your driver’s license, hundreds of dollars in fines, probation and community service. As the article notes, hiring an attorney isn’t always cheap -- but neither are the costs of all of these penalties. If losing a license means losing a job, the cost is even higher, in both dollars and financial security. And of course, the benefit of keeping a criminal conviction off your record is not always measured in dollars. An Orlando drunk driving defense attorney like me can’t promise a specific result -- but as the article showed, statistics are on our side.

As a South Florida drunk driving criminal defense attorney, I have been avoiding writing about Tiger Woods. It seemed like there was more speculation than actual evidence showing that he was under the influence when he crashed his SUV into a fire hydrant Nov. 27. But last week, new information was released showing that Woods was unlikely to face any intoxicated driving charges. According to a Dec. 7 article from the Associated Press, the FHP trooper who responded to the accident requested blood test results to see if Woods was intoxicated, but prosecutors denied the request because there was insufficient evidence. This news means that police and prosecutors simply won’t have the breath or blood test evidence necessary to bring a solid DUI case against Woods.

In Florida, you can be charged with DUI for driving while intoxicated by alcohol, prescription drugs, street drugs or some combination of those. According to the article, a witness who was likely Elin Nordegren, wife of Tiger Woods, told the trooper that Woods had been drinking, and had legal prescriptions for both Vicodin and Ambien. Both are drugs with sedative effects, and doctors say neither should be mixed with alcohol. (As I noted recently, Ambien is not on Florida’s list of substances that are illegal to take before driving, although this may change.) However, no evidence I know of suggests that Woods had actually taken the drugs that night, and the prosecutor’s office apparently decided that the evidence of alcohol intoxication was weak or nonexistent.

In fact, this Dec. 9 article from Central Florida News 13 says Woods did not even have a smell of alcohol, which would strengthen any case against him. A former Orange County DUI prosecutor interviewed in the story said he thought “the judge would laugh [prosecutors] out of the courtroom” if they tried to subpoena medical records without witnesses or stronger evidence. As a Fort Lauderdale intoxicated driving criminal defense lawyer, I’d like to add that the only reported evidence that Woods was intoxicated was the word of his wife. Reports suggest that Nordegren was angry with Woods at the time, and subsequent reports of his infidelity suggest that she may be still. This gives her a motive to lie, making her an unreliable witness. This is far from sufficient to support a case without additional breath or blood test evidence, field sobriety tests or even a trooper’s documented observations of intoxication.

To win a DUI conviction in Florida without a blood or breath test reading, prosecutors must show that the accused was “under the influence” of alcohol or certain specific drugs. This is a vague standard that’s difficult to prove, even when the evidence is stronger than the word of an angry spouse. As a Miami-Dade DUI criminal defense attorney, I routinely advise clients to plead not guilty and defend intoxicated driving cases without a breath or blood test. Even if nobody was harmed, a first charge of driving under the influence has serious consequences in Florida, including potential jail time, probation, a six-month license suspension, vehicle impoundment and hundreds of dollars in fines. This puts a criminal charge in your record, can cause serious trouble at work and will certainly cause and an immediate increase in your auto insurance rates. When you’re facing penalties that serious, it only makes sense to mount a strong defense with help from an experienced Orlando drunk driving defense lawyer.

As a South Florida tax evasion criminal defense attorney, I have been keeping track on this blog of the investigation by the U.S. Internal Revenue Service into overseas tax evasion. Through much of 2009, the IRS actively pursued the names of accountholders at Swiss bank UBS, which had acknowledged helping U.S. taxpayers hide their assets to avoid taxation. The agency claimed throughout that its investigation was just part of a larger crackdown on tax evaders with overseas financial accounts. Now, news reports show that this was likely the truth. As a Dec. 3 article from Bloomberg News reported, the IRS has filed for the names of certain taxpayers in the ongoing fraud case of R. Allen Stanford, a Texas financial mogul accused of running a $7 billion Ponzi scheme involving fraudulent certificates of deposit. He also faces an SEC lawsuit.

According to Bloomberg, the IRS is interested in the names of Stanford investors who had overseas accounts between 2002 and 2008, in CDs at his Antigua-based Stanford International Bank Ltd. In a statement, the IRS claimed an unnamed taxpayer told it that statements from the Stanford bank and CD accounts did not state interest or income. Disclosing such income from overseas accounts is required under federal tax laws; failing to report it puts taxpayers at risk of criminal tax evasion charges, which carry up to five years in prison and six-figure fines. Stanford’s businesses are being managed by a court-appointed receiver because Stanford is imprisoned without bail; that receiver said he would comply with all legitimate requests. The court-appointed attorney representing Stanford investors said the anonymous disclosure suggested that Stanford “made an effort to keep CD investors from learning about the IRS reporting violations.”

Like that attorney, I hope the IRS keeps this in mind during its investigation. As I wrote during the UBS investigation, many taxpayers depend on their tax professionals and financial institutions for information about tax reporting. Someone without a financial background may genuinely not know that overseas income is taxable, especially if the bank fails to report it. Tax evasion is a serious charge, carrying up to five years in prison for each count, along with fines so high that they can even exceed the value of the account. As a Miami tax evasion criminal defense lawyer, I believe these are very serious penalties that may be disproportionate to the crime if the taxpayer genuinely didn’t realize there was a reporting requirement. And unfortunately, a tax crime investigation may literally add insult to injury for taxpayers who are already victims of Stanford’s Ponzi scheme. In fact, there may be nothing available for the IRS to take in some cases.

During the months-long UBS investigation, the IRS offered a voluntary disclosure program for taxpayers willing to come clean in exchange for substantially reduced penalties. These taxpayers would still have to pay back taxes and reduced penalties, but were not eligible for prison in most cases. This was an ideal offer for accountholders who never intended to evade their taxes, and the program saw an unprecedented flood of takers throughout 2009. That window of opportunity for UBS accountholders closed in mid-October, but the IRS offers a voluntary disclosure program year-round for people with any unreported legal income.

I offered my services as a Fort Lauderdale tax evasion defense attorney to UBS accountholders during their seven-month window. I suspect that this will remain an active practice for me in 2010, because these recent actions signal that the IRS is serious about tracking down tax evaders whenever it spots an opportunity to do so. The voluntary disclosure program is not available to people who are under investigation already, so if you may come under suspicion, it’s vital to make a move first. Admitting ignorance or wrongdoing, and paying the fines, may hurt -- but compared to the harsh consequences of a criminal conviction, voluntary disclosure seems like by far the better option.

As a Fort Lauderdale drunk driving criminal defense attorney, I was pleased to see a Nov. 28 editorial in the South Florida Sun-Sentinel pointing out major problems with sobriety checkpoints. These are the roadblocks set up by police, in which they stop every driver (or one out of every few drivers) passing that point to check for signs of intoxication. As the editorial points out, these DUI checkpoints are particularly popular around the holidays, when law enforcement expects more drunk drivers on the road. However, the editorial says, sobriety roadblocks are extremely ineffective compared to roving law enforcement patrols, in which officers simply take to the streets and actively look for drunk drivers.

According to the article, written by Sarah Longwell of the American Beverage Institute, roving patrols are both cheaper to taxpayers and better at catching drunk drivers than checkpoints. To illustrate this, it uses several examples from other states. For example, in Delaware, the 2008 holiday season saw 30 arrests at DUI checkpoints. During the same time period, roving patrols of officers arrested 276 more drivers. In fact, the article says, the Pennsylvania Department of Transportation says roving patrols are 10 times more effective than roadblocks. One reason the article gives for this is that at checkpoints, officers wait for drunk drivers to come to them, while roving patrols actively seek offenders. It also notes that once one driver knows where a checkpoint is, it isn’t hard for that driver to warn friends via cell phone or Internet. Furthermore, it notes that checkpoints can cost as much as $10,000, while roving patrols can cost as little as $300.

As a South Florida DUI defense lawyer, I would like to add that there are serious legal and philosophical problems with sobriety checkpoints as well. By design, sobriety checkpoints pull over everyone who passes, regardless of whether there’s a reasonable suspicion that the drivers pulled over are intoxicated. Under normal circumstances, any charges resulting from a stop made without probable cause would be illegal under the Fourth Amendment. The U.S. Supreme Court has ruled that the checkpoints themselves are legal, even though they violate our constitutional right to be free of unreasonable search and seizure, because of their contribution to public safety. Some defense attorneys call this the “DUI exception” to the Constitution. Several states have outlawed sobriety checkpoints, but Florida is not one of those states.

As a Miami drunk driving defense attorney, I am uncomfortable with the “DUI exception” to the Constitution. I understand the importance of taking drunk drivers off the streets -- but I do not believe that goal should be attained at the expense of our civil rights. And if the facts presented by this article are true, law enforcement may not even be finding intoxicated drivers in the most financially efficient or practical manner. In my criminal practice, I’ve certainly met people who were not intoxicated enough to be pulled over by a passing cop, but who were nabbed at a roadblock by officers who took their nervousness as an admission of guilt. Sobriety roadblocks implicitly accuse everyone who passes by of being a criminal until they prove otherwise, which is offensive, mildly absurd and even a bit of a threat. If they also don’t work well, we should focus government resources on something better.

As a Fort Lauderdale drunk driving defense attorney, I was interested to see a recent news report about a DUI from combining alcohol and prescription sleep aid Ambien. According to a Nov. 19 article from WPEC (CBS 12), Palm Beach County Deputy Christopher Grube was acquitted of driving while intoxicated during his off-duty hours. Grube was driving his patrol car in early February when he lost control on an expressway, skidding into a tree in the median. Grube failed field sobriety tests at the scene, a process that was caught on the dashboard camera of his police vehicle. Nonetheless, a West Palm Beach jury acquitted him last week. He is still on paid leave from his job, pending results of an internal investigation.

Grube admitted to having had “a couple” of drinks hours before his crash, and his Palm Beach County DUI lawyer said he was clearly impaired. However, he said, the real cause of the intoxication was the prescription drug Ambien (zolpidem), a newer prescription sleep aid. Grube intended to take a different drug, he said, but mistakenly mixed the Ambien with alcohol, accidentally causing severe intoxication. It’s well-documented that Ambien can cause patients to get up, move around their homes and even drive while asleep, the defense attorney said, even when not mixed with alcohol. Mixing the two can actually increase the drug’s effects. Ambien is not a controlled substance in Florida -- but even if it is, the attorney argued, Grube never intended to take it before driving.

I believe this is a good example of why people charged with a DUI should never plead guilty without at least speaking to an experienced South Florida DUI criminal defense lawyer. Even in a case like this, where the evidence of intoxication is clear and undisputed, prosecutors still must prove their cases. To convict someone of intoxicated driving in Florida, prosecutors must show that the accused had physical control of a vehicle, and:

• has a blood-alcohol concentration of 0.08 or greater, tested by breath or blood;
  
• is under the influence of alcohol; OR
  
• is under the influence of substances listed in the Florida codes, including prescription drugs as well as street drugs and solvents, and is affected to the extent that his or her normal faculties are impaired.

Presumably, Grube either did not have a 0.08 BAC or refused to provide a sample, making it more difficult for prosecutors to convict him of alcohol intoxication. This would have left prosecutors only with a DUI-drugs charge -- and that charge apparently failed. Grube’s attorney is right that Ambien has a history of causing sleepwalking and even sleep driving, which has generated DUI charges against patients in other states, As a Miami-Dade DUI defense attorney, I support a full review of whether Ambien should be on Florida’s list of controlled substances. However, until the Florida government makes such a change, drivers cannot be convicted for driving under the influence of Ambien. And as the article notes, that may be especially true when the driver never intended to take the Ambien, and thus become intoxicated, in the first place. Conduct that is not illegal should never lead to a criminal conviction, no matter how socially or politically unpopular it may be.

I have written here about the IRS voluntary disclosure program several times in the past. As a Miami-Dade tax evasion criminal defense attorney, I was extremely interested in the opportunity it offered taxpayers to avoid harsh penalties from the IRS crackdown on taxpayers who, through innocent mistakes or deceit, failed to declare their income from overseas bank accounts. The voluntary disclosure program ended Oct. 15, and according to the Associated Press, it helped more than 14,700 U.S. taxpayers clear their tax accounts without risk of criminal prosecution. The article also says that Swiss bank UBS is ready to disclose the first of the 4,450 names of American tax scofflaws as part of a settlement in related litigation. That includes 400 names to be disclosed by the end of this week -- meaning that 400 taxpayers will need experienced South Florida tax evasion criminal defense attorneys very soon. If you're one of them -- or you have another reason to be concerned about tax evasion prosecution -- don't hesitate to contact my office online or call 1-866-ARRESTED toll-free from anywhere in Florida for a free consultation.

For more information, you can read the AP article in the Miami Herald: IRS settles with 14,700 over foreign accounts

As a South Florida criminal defense attorney, I was disappointed to see comments from our state’s attorney general suggesting that he’d like to make professional licenses tougher to get for convicted felons. According to a Nov. 3 article from the Associated Press, Attorney General Bill McCollum, who is running for governor, objects to a law requiring Florida licensing agencies to grant licenses to former felons who had their civil rights restored and have completed a three-year waiting period. The law provides an exception for licenses directly related to the crimes. For example, someone accused of embezzlement while working as an accountant would have no right to a CPA license.

In a meeting of three Florida House of Representatives panels, McCollum said he’d like that law repealed or modified. He said he believed it tied the hands of the licensing agencies, forcing them to grant licenses to people who would not otherwise receive them. The committees are studying the issue in response to a South Florida Sun-Sentinel article detailing how the screening process failed to stop convicted felons from working as caregivers for children, the disabled and the elderly. McCollum would like the waiting period expanded to five years and to give agencies the power to revoke licenses if new information comes to light. George Sheldon, the secretary of the state Department of Children and Families, added that he’d like a requirement that candidates wait until a background check is finished before beginning to work.

I agree with Sheldon, and with the license revocation suggestion by McCollum. But as a Miami criminal defense lawyer, I have strong reservations about making it more difficult for ex-felons to obtain the tools they need to build new, law-abiding lives. The state can and should be extra careful when considering whether to grant licenses to former felons -- but for the most part, our system already has the necessary safeguards in place. As noted above, ex-convicts must have their civil rights restored before this law applies, a lengthy process requiring an application, a hearing, an investigation and sometimes letters of support from employers and community members. In addition, they are not entitled to professional licensing in areas related to their crimes. The Sun-Sentinel investigation found many people working as caregivers in violation of that rule, but the newspaper blamed inconsistent laws, incomplete background checks and failure to enforce the law for most incidents.

Like almost everyone in Florida, people who have committed crimes need to earn a living. But access to employment is especially important for people who are struggling to overcome a criminal past, because financial stress can push them into habits they’re trying to overcome. The deck is already stacked against ex-felons looking for jobs, thanks to their time away from the workforce and prejudice from prospective employers. The state of Florida should absolutely protect the vulnerable people under the supervision of state-licensed caregivers, but it shouldn’t erect more obstacles in their way unless those obstacles serve the goal of public safety. Some of the suggestions in the AP article do that -- but others would just penalize people who have already served their time. As a Fort Lauderdale criminal defense attorney, I believe society as a whole benefits when ex-offenders don’t face unreasonable barriers to employment and reintegration into society.

As you may be able to see from this blog, I keep a close eye on issues related to sex offender residency requirements, as part of my work as a Fort Lauderdale sex offender criminal defense attorney. The state of Florida requires registered sex offenders to live more than 1,000 feet away from schools and other places where children gather. In Miami-Dade and Broward County, that restricted is extended to 2,500 feet. Thanks to the colony of homeless offenders living under the Julia Tuttle Causeway colony, and the lawsuits surrounding it, the issue is getting some welcome attention here in South Florida. Most recently, on Oct. 29, the South Florida Sun-Sentinel ran a piece that shows just how desperate the restrictive laws in Broward County have made some offenders: At least two have asked for more jail time because they cannot find places to live.

The article focused on Raphael Marquez, 38, who served seven years in prison for sexual battery on a minor. Marquez was scheduled to be released in June, but requested and received more jail time instead of house arrest. He was again scheduled to be released last week to serve 18 years of probation -- but asked a Broward County judge for yet more prison time rather than the probation. The public defender representing Marquez said he has no family and no residence in Florida, which he cannot leave during probation; he expected to be homeless after his release. Because of the residency restrictions in Broward County and its cities, the closest facilities for homeless sex offenders are in Pahokee and Fort Myers, both far to the north -- and with no job, he can’t afford to pay deposits at those. The judge said he had no authority to imprison Marquez, but said he was disturbed to essentially throw someone onto the streets.

The failed request by Marquez shortly followed a request the week before from registered sex offender Cory Lewis. Lewis has a home in Fort Lauderdale, but cannot live there because of residency restrictions. He asked for more prison time in lieu of house arrest, but the judge refused and gave him 90 days to find a new home. That time extension is important for people on probation, because one offense, including a residency violation, means even more legal trouble. The judge in the Marquez case was critical of the residency requirement, reportedly saying that “The Legislature has got to realize we're digging ourselves into a hole and it's only going to get deeper, and deeper, and deeper.”

As a South Florida sex offender registration defense lawyer, I agree completely. State and local legislators have created a situation that forces offenders into homelessness even when officials have not actually told them to live under a bridge, as reportedly happened with the Julia Tuttle Causeway colony. As the public defender for Marquez pointed out, the situation is inhumane to offenders and unsafe for the public, because it’s much harder to keep track of offenders like Marquez when they have no permanent address. In fact, because keeping tabs on offenders is the entire point of registration requirements, residency restrictions that push offenders into homelessness actually undermine them.

As a Miami sex offender residency violation defense attorney, I understand that nobody wants offenders near children. But when a law doesn’t protect the public and raises serious questions about offenders’ rights, it’s time to reconsider that law. Forcing people by circumstance into homelessness is not just an inhumane situation; it can also create difficulties for offenders who are trying to get jobs and take other steps toward a better life. No matter how you feel about residency requirements, it’s easy to agree that that’s a goal worth supporting.

If you have read a Florida newspaper online recently, you may have noticed that several of them have started to publish “mug shots” of people who were arrested in the region. As a South Florida cyber crime criminal defense attorney, I have my doubts about this practice, and an Oct. 3 column from Carl Hiaasen at the Miami Herald does a good job of explaining why. Hiaasen wrote that newspapers are seeing an influx of revenue from publishing the mug shots, which is much needed in the struggling newspaper industry. But by publishing booking photos, rather than waiting for a conviction, he wrote, the newspapers are undermining an important tenet of American justice: the right to be presumed innocent until proven guilty.

As Hiaasen noted, not everyone who gets arrested and booked into jail is actually guilty, but the practice of publishing mug shots obscures that fact. An embarrassing mug shot implies guilt, particularly to viewers who aren’t familiar with the criminal justice system. However, if someone who was booked and published is later acquitted or has the charges dropped, he wrote, the newspaper is unlikely to publish it unless the person or the case has a high profile. And in the meantime, everyone with an Internet connection can see the photo, including the accused person’s boss, family, friends and neighbors. In addition to being embarrassing, this could have real, irreversible consequences like losing a job. As Hiaasen said, “the innocent are basically screwed.” While the practice is national, it’s especially widespread here in Florida thanks to open records laws.

Hiaasen’s column came on the heels of a Time magazine article on the same subject. As an example of the problem, that article used the story of a young woman from Tampa who was pulled over for a minor traffic violation. Once she handed over her license, she discovered that her driver’s license had expired, making her guilty of a misdemeanor. She renewed the license the very next day -- but her booking photo had already made it onto TampaBay.com. She said she was upset to be displayed next to alleged drug traffickers and drunk drivers, and concerned that her boss would see the photo. Both Time and the Herald noted that FM radio DJs have already taken to using the mug shots as fodder for morning drive-time comedy as well.

As a Miami cyber crime criminal defense attorney, I strongly agree that publishing mug shots is irresponsibly close to taking away the right to be presumed innocent until proven guilty -- a cornerstone of our legal system that serves as a safeguard against government overreaching. In fact, I believe they could even put people accused of certain crimes in danger. Registered sex offenders, who have been convicted, have been murdered and targeted for vigilante justice multiple times, including incidents in Maine, California and New York. It only takes one neighbor who recognizes the person in a mug shot to carry out an attack here in Florida as well. This is on top of the less violent but nonetheless life-changing consequences of public humiliation for the defendant, such as loss of jobs, friendships and opportunities -- all long before any conviction in a court of law.

The right to be presumed innocent until proven guilty is one of the oldest and most important parts of our legal system, acting as a check on the government’s power to imprison its citizens. As a Fort Lauderdale cyber crime criminal defense attorney, I can assure you that it’s also very important to my clients -- the people who our system was designed to protect. Newspapers have a First Amendment right to publish mug shots. But as Hiaasen wrote, it’s not exactly journalism and encourages people to draw false conclusions, bringing it perilously close to a conviction in the “court of pubic opinion.”

As a South Florida tax evasion criminal defense lawyer, I was surprised and pleased to see that the Internal Revenue Service has extended its voluntary disclosure program for taxpayers with unreported overseas income. The program was to have ended this Wednesday, September 23 -- but the extension adds 22 days, for a deadline of October 15. IRS officials told the Wall Street Journal Sept. 21 that the extension comes at the request of numerous tax professionals, who wanted it for clients who need extra time to enroll in the program. In fact, the article said, the program has become hugely popular, flooding tax professionals and tax attorneys with phone calls. According to the IRS, the program has more than 3,000 takers since it was announced in March, up from 88 participants in all of 2008.

The voluntary disclosure program was a response to a complicated dispute between the IRS and giant Swiss bank UBS. After discovering that UBS had actively and knowingly helped American taxpayers avoid reporting income to the IRS, the agency launched criminal and civil cases against the bank. Those cases were settled with the disclosure of names of thousands of taxpayers who may not be in compliance with the law. The IRS has promised to thoroughly investigate any names it receives, but also set up the voluntary disclosure program to allow taxpayers to come forward on their own. In doing so, taxpayers can avoid extremely high fines and back taxes -- which are often higher than the income in dispute -- and potential criminal prosecution with prison time. By contrast, voluntary disclosers are unlikely to be prosecuted and face only back taxes, interest and penalties of 5% to 60% of the unreported income.

According to the Wall Street Journal, the approach of the original Sept. 23 deadline was one reason why taxpayers have increasingly stepped forward. Another reason is that UBS has begun sending letters notifying American accountholders that it intends to disclose their names to the IRS. Because the voluntary disclosure program is not available to people who are subject of an active criminal investigation, this provides a strong motivation to confess now. An attorney also told the newspaper that many accountholders don’t have access to the disputed money at the moment anyway, another strong motivator.

As a Miami tax evasion criminal defense attorney, I strongly encourage taxpayers whose names might be revealed by UBS to take advantage of the extended deadline. In fact, because the IRS has promised, and demonstrated, that it will go after tax scofflaws using any overseas bank, I believe it may be in the best interests of taxpayers with these accounts to get their houses in order now. Tax advisors told the newspaper that taxpayers of all kinds have gotten the UBS letters, including people with relatively small accounts and people whose history doesn’t indicate intent to evade taxes. And even for taxpayers who have not gotten the letters, the voluntary disclosure process takes time; taxpayers must document their income, fill out paperwork and sometimes attend an in-person interview with the tax agency.

Smart taxpayers frequently hire a Fort Lauderdale tax evasion defense lawyer like me to make sure their rights are protected throughout the disclosure process. I can help clients identify what income they must disclose and make sure to document and disclose it properly, and represent clients in any in-person interview the IRS may request. Perhaps most importantly, I can negotiate with the agency to get the best, fairest possible penalty for my clients. The penalties imposed by the IRS do vary; penalties are generally lower for people who inherited their accounts or relied in good faith on UBS advice that has been revealed to be corrupt. However, to take advantage of the voluntary disclosure program, it’s vital to start now to avoid missing the new Oct. 15 deadline. To learn more at a free, confidential consultation, please call me from anywhere within Florida at 1-866-ARRESTED or nationwide at 1-866-685-3421, or send a message through my Web site.

If you thought the government wasn't taking tax evasion matters seriously before, think again. Former UBS banker who COOPERATED with the US government and the IRS got sentenced today to40 months in prison . The IRS is not taking these matters lying down and are searching for anyone involved in hiding money from Uncle Sam. As Miami Criminal Defense Tax Evasion Lawyers, we are experienced in international banking matters.

Not much need be said as this UBS saga continues to play out. The only thing people need to know is that if you qualify as an individual who may be the target of an IRS tax evasion investigation, there is no time to delay. Call today for your FREE consultation. The number is easy 1-866 ARRESTED (within Florida), or 866-685-3421 (nationwide).

UBS Criminal Defense Attorney's represent individuals being investigated and/or charged with tax evasion. In light of the pending settlement between the United States government and the UBS Swiss Bank, the IRS is receiving 4,450 accounts, which at one time held approximately $18 billion in assets. As a Miami Tax Evasion UBS Criminal Defense Lawyer, this is not the end to this saga. Aside from UBS, the US government is seeking any individuals who may have or currently are hiding assets offshore.

The US government's so-called new voluntary disclosure program is not as new as most believe. For a long time the IRS allowed and continues to allow individuals to resolve tax issues anonymously. If you or anyone you know currently has IRS and/or tax evasion issues and would like a FREE consultation from experienced tax evasion criminal defense attorneys, don't delay call today 24/7 1-866-ARRESTED.

As a Miami tax evasion criminal defense lawyer, I have been following the federal government’s lawsuit against Swiss bank UBS with great interest. The IRS reached a settlement last week in its lawsuit seeking to force UBS to disclose information on 52,000 American taxpayers who may be hiding assets at the bank. The case grew out of an earlier criminal investigation of UBS, which the banking giant settled by agreeing to disclose a smaller list of names of customers it believed may be guilty of breaking U.S. tax laws. Three of the people on that smaller list have already pleaded guilty in IRS prosecutions, and Bloomberg News reported Aug. 15 that a fourth taxpayer has pleaded guilty to failing to disclose his UBS account.

According to the article, this newest defendant is John McCarthy of Malibu, California, a businessman and UBS client. He reportedly reached a plea agreement with prosecutors, in which he will plead guilty to a charge of failing to file a document disclosing the account’s existence. The article said the account was in the name of COGS Enterprises Ltd., a Hong Kong company that UBS bankers reportedly told McCarthy to set up to hide his identity. McCarthy is accused of transferring profits from a U.S. business into the COGS account in Switzerland, then moving it to another Swiss account to continue hiding it from U.S. tax authorities. The plea deal also requires him to pay a penalty of 50% of the highest value of the COGS account since 2003, and to cooperate with tax authorities.

Given the amounts typically stored in these accounts, that could be a very high penalty. But as a Fort Lauderdale tax evasion criminal defense attorney, I know McCarthy could have faced much more severe penalties if he had not cooperated. People charged with tax evasion -- the likely charge for hiding assets -- face up to five years in prison in addition to back taxes, interest and penalties of up to $100,000 or 50% of the account’s value. Those are for each year in which the account was not disclosed, so taxpayers with five years of undisclosed accounts could face up to 25 years in prison and fines worth more than the account itself. Thanks to the settlement in the larger case, the names of 52,000 more UBS clients could be disclosed to the IRS -- and all of them could face the same steep penalties.

As I have written here before, however, the IRS has already started a program offering lenience to taxpayers who admit the existence of taxable income they haven’t yet declared. Under the voluntary disclosure program, which ends this Sept. 23, taxpayers can receive substantially reduced penalties in exchange for disclosing their overseas accounts and paying back taxes and interest on that income. According to the Associated Press, taxpayers with undeclared income in UBS accounts have been scrambling to take advantage of this program before the bank turns over their names -- which would end their opportunity to participate -- or the end of the program. In fact, the AP reported that taxpayers are coming forward in huge numbers, with one week in July seeing more than 400% more disclosures than all of 2008.

Taxpayers do not need a South Florida tax evasion criminal defense attorney to make this disclosure -- but it’s strongly recommended, especially since the IRS reportedly conducts in-person interviews with many of the voluntary disclosers. I am proud to say that I represent clients who come forward under this program, helping them prove their eligibility, sort out what information must be disclosed and get the best and fairest possible deal with the IRS. According to the AP article, UBS officials reportedly openly advised their clients to take actions that violated U.S. tax laws; many clients may have relied in good faith on this advice, only to later discover that they were breaking the law. As a Miami-Dade tax evasion criminal defense lawyer, my goal is to make sure a voluntary disclosure does not expose them to harsh financial or criminal penalties for what may be a misunderstanding -- and ultimately leaves them better off than they would be in a criminal prosecution.

Continue reading "Fourth UBS Client Pleads Guilty to Tax Crimes as Bank Reaches Legal Settlement With IRS" »

Florida has been hit hard by the housing bust, with the third-largest rate of foreclosures in the nation and plummeting housing prices. And according to an Aug. 4 article in the South Florida Sun-Sentinel, federal government efforts to encourage loan modifications have fallen flat, with fewer than 9% of eligible loans modified under the federal Making Home Affordable program and 15% of eligible homeowners receiving an offer of a loan modification. Troubled homeowners trying to take advantage of the program report getting the “runaround” from their banks, with their phone calls ignored, endlessly transferred or even hung up on; paperwork lost one or more times; incorrect information or denials from lenders; and months of delay, during which foreclosure proceedings continue.

In response, I am pleased to announce that I offer foreclosure defense services to homeowners throughout Florida, both from my own Miami office and through my seven-office law firm, Balliro, Galasso, Leskovich & Seltzer. Our Fort Lauderdale foreclosure defense lawyers can get the bank’s attention, even if the homeowner has been trying unsuccessfully for months, precisely because we are lawyers. If necessary, we will file a Florida foreclosure prevention lawsuit right away to stop the foreclosure process, giving clients time to negotiate a real, sustainable loan workout or decide on another plan that minimizes the damage to their financial lives and their families.

For months now, our Miami foreclosure defense attorneys have followed story after story in the media from homeowners whose efforts to help themselves have been ignored by their loan servicers. A New York Times article from June detailed the misadventures of one loan modification company employee who was told to submit documents a fourth time after the bank lost her first three submissions. A colleague down the hall was later hung up on when he tried to get to the bottom of a similar problem. Another article in the Florida Times-Union detailed the struggles of a Jacksonville homeowner who waited months for a loan modification, only to be denied because of the kind of loan she had -- something the bank knew about from Day One. A real estate professional quoted in that article alleged that lenders prefer to allow foreclosures because it’s better for their bottom lines than setting up a payment plan.

I believe my status as a South Florida foreclosure defense lawyer can cut through this red tape. No reputable attorney or loan modification company will guarantee a successful loan modification -- but because banks know attorneys will sue to protect their clients’ rights, they tend to pay attention. In fact, we review every new client’s loan history for evidence of illegal predatory lending practices, such as writing loan terms into a contract when they were not discussed in verbal negotiations. Predatory lending is a particularly big problem among people with subprime or exotic loans, including adjustable-rate loans, as well as with borrowers whose first language is not English. We will sue to invalidate any loan that evidence shows was originated under illegal or questionable circumstances, stopping foreclosure right away in many cases.

Unlike banks motivated by profit -- or the need to at least appear profitable -- an Orlando foreclosure defense attorney is an advocate who is explicitly on your side. That’s extremely important when you’re up against a large bank or loan servicer with millions in profits and a small army of lawyers. I can promise that I will work my hardest to keep my clients out of foreclosure and secure a loan modification that actually lowers their mortgage payments, for good.

As a Miami sex offender registration violations defense attorney, I was pleased to see a recent piece in the Miami Herald about some of the unintended consequences of our punitive sex offender registration laws. As Miamians may know, Florida places very strict restrictions on where registered sex offenders may live -- they cannot live within 1,000 feet of any place where children congregate. Miami-Dade has an even stricter law that requires offenders to live at least 2,500 feet away from any place where children congregate. As a result, a group of sex offenders with no place else to go have taken up residence under the Julia Tuttle Causeway bridge, sparking a lawsuit from the ACLU arguing that the county law has essentially forced these people into homelessness and made it harder for police to keep track of them.

According to a July 24 article from the Miami Herald, the state of Iowa faced a similar problem until recently. Its state law, passed in 2005, kept sex offenders at least 2,000 feet from schools and day-care centers. As in Florida, this had the unintended consequence of making it very difficult for offenders to find a legal home, driving some into homelessness and others to disappear. However, unlike in Florida, the Iowa legislature has found a solution. Iowa’s recent amendment to its sex offender laws creates three tiers of sex offender, allowing people convicted of the least serious crimes to live anywhere and requiring those convicted of the most serious crimes to keep to the 2,000-foot limit. Similar efforts in Florida have failed, at least once because of opposition from Miami-Dade legislators.

As a South Florida sex offender registration violations criminal defense lawyer, I’m pleased to see attention paid to this issue. These restrictions are in place to keep us safe from sexual predators who might offend again. However, if this law drives offenders to flee or become homeless, it impedes law enforcement’s ability to track these offenders -- paradoxically creating a situation that could make us less safe. It is also an unnecessarily punitive law, particularly because these offenders have already done their time and been released.

No politician wants to be seen as soft on child molesters -- even when common sense tells them the current situation isn’t working. That’s why the political willpower mustered in Iowa is so impressive to this Fort Lauderdale sex offender registration criminal defense attorney. As one state senator observes in the article, Florida has different problems and demographics from those in Iowa. But when the problem is similar, it only makes sense to consider a similar solution, even if it takes some political courage.

I am happy to announce a new service I offer for property owners in Miami-Dade and Broward Counties: representation for homeowners seeking to challenge the assessment of their property values, and thus their property taxes. I saw a need for this kind of representation after months of reading about the difficulties facing South Florida property owners, who are facing a probable property tax hike, plummeting home values and the same financial difficulties faced by everyone else in this bad economy.

Property values are determined by a county assessor, who looks at sales prices for the property and similar properties in the year before the beginning of the current tax year. For this year’s property assessments, that means assessors are looking at property sales between Jan. 1, 2008 and Jan. 1, 2009 to determine fair market value as of Jan. 1, 2009. That works fine in an ordinary real estate market -- but this is not an ordinary market. Property values have plummeted in the past year or two, with foreclosures and short sales flooding the market and depressing prices for ordinary home sales. An assessment based on prices in early 2008 may no longer be accurate.

At the same time, homeowners are being financially squeezed in other ways. For one thing, the drop in property values means many are “underwater” or have lost equity in their homes, making it hard to refinance or sell. For another, South Florida currently has an unemployment rate around 10%, and people who do have jobs are seeing reductions in their hours, pay or customers. On top of all this, both Broward and Miami-Dade are proposing a slight increase in property taxes, to close the expected gap in revenue brought on by the drop in property values. Some cities are also raising taxes. Under these circumstances, many homeowners simply can’t afford to let an incorrect assessment stand if it means a substantial increase in property taxes.

Preliminary assessments are already out in both Miami-Dade and Broward, and they will be formally mailed in August. Homeowners who believe the assessed values of their properties are incorrect can file an appeal, to try to have the assessment changed by the November mailing of the final tax bills. That’s where I can step in, as a South Florida property tax assessment appeal attorney.

Appeals of property valuations are heard by a Value Adjustment Board, an administrative body convened by the county. You are free to have a Miami property tax assessment appeal lawyer represent you at this hearing -- and as with many other legal proceedings, it’s a good idea. For one thing, the law explicitly stacks the deck against homeowners by presuming the county’s assessment is correct, which means the burden of proof is on you. For another, if you lose your hearing and wish to appeal it, your next step is to file a lawsuit in civil court. And the deadlines for all of this paperwork are very short -- for example, you have just 25 days from the mailing of your appraisal to appeal it in Miami-Dade. Hiring a Fort Lauderdale property tax assessment appeal lawyer can prevent you from missing those deadlines and losing your right to contest a bad appraisal.

In exchange for this service, my office will charge a percentage of the savings we win for you. As with all of our fees, I will explain this in advance and give you a chance to ask any questions you might have. I believe this service could be extremely valuable for homeowners who receive tax bills based on property values that were accurate 18 months ago but are overly optimistic now. For families who are already struggling financially, an inaccurate property tax bill is just another blow they don’t need.

Think before your text, that is the message we need to be sending our kids. The Sexting Revolution continues to haunt our kids and there is no end in sight. I guess this what we get for giving our kids camera phones. Ultimately who is to blame? Are the courts the best way to deal with this problem? There is an ongoing list of questions that can be posed when it comes to this topic, but the end results is usually the same: kidson criminal probation for being kids; which in turn can lead to a criminal record and problems in the future.

As a Fort Lauderdale Cyber Crime and Criminal Defense Lawyer, I see this problem everyday. Cyber crime both those with sexual content and non-sexual content are plaguing society. Cyber stalking is on the rise, and sexting is here to stay. The final question at the end of all this is, will the State (prosecutor) do the right thing or use the minor as a stepping stone?

Recently a teen in Melbourne, Florida received probation for forwarding sexually explicit photos. This was charged as some serious felonies, but plead down for resolution purposes. But again, I have to ask the question, where's the crime, and what does this resolution serve? Minors sending pictures of minors, and then being charged criminally. This is NOT what the legislature had in mind when they drafted this legislation. Until the legislature amends the laws, this will be debated.

If you or anyone you know needs the assistance of a former cyber crime prosecutor turned criminal defense lawyer in Florida, call 24/7 for a free consultation.

Patience pays off...sometimes, but with police agencies actively seeking out those soliciting minors, the agents investigating have all the time in the world. Police around the State and country are growing more patient in developing their suspects. No longer do law enforcement agencies look to net the "quick fix big fish," rather they have started "stalking" their subjects. What that means is they are digging into the backgrounds of their targets and learning everything they can before they make their arrest. They will have several chats, sometimes over a period of months until they finally make an arrest.

Recently in Miami Dade County a life guard was arrested and charged with solicitation of a minor online by the Broward Sheriff's office. BSO had been tracking and following him for months as they built their case. This was a combined effort with international ties, which ultimately led to his arrest. That is what makes this case a little more interesting than most. There are several issues that can arise when dealing with international cases, the evidence they bring and methods that may or may not lead to its introduction in a United States Court of law.

Allegations are all that has been made at this time, and everyone is presumed innocent until proven guilty. As a cyber crime defense attorney, there are many avenues that can be taken in order to successfully win and defend against the crime of online solicitation. If you or a loved one are facing charges, cyber crime or otherwise, don't delay call David Seltzer, Miami Dade Cyber Crime Criminal Defense Attorney for a free consultation 24/7. Your freedom and restoration of civil rights is our number one goal!

Miami Court Delays UBS Lawsuit Hearing in Hope of Settlement in Tax Evasion Case

A federal judge in Miami-Dade County agreed July 13 to postpone a hearing in the hotly contested UBS lawsuit, the New York Times reported July 13. A new hearing was scheduled for Aug. 3 in the case brought against Swiss bank UBS by the U.S. Internal Revenue Service. The IRS is suing for the names of 52,000 Americans who have accounts with UBS, which admitted in a separate criminal case that it knowingly and intentionally helped Americans hide income from the IRS. UBS paid $780 million to the federal government to settle the criminal charges, but the IRS has threatened to indict the bank after all if it doesn’t get the names. This has created a quiet diplomatic showdown, with UBS complaining that it would violate Swiss law if it did what the IRS requests.

UBS has already turned over around 300 names of Americans who used its services to commit tax fraud. In anticipation of the revelation of 52,000 more, the IRS in March announced a six-month voluntary disclosure program. In this program, people with accounts at UBS are encouraged to come forward and declare any previously undeclared income. These taxpayers will still have to pay back taxes and a penalty, but they will not be prosecuted and will not be liable for the full amount of fines they might otherwise have faced. Without the voluntary disclosure, they face up to five years in prison for each tax evasion count, plus steep fines and potential loss of money and property. At least three Floridians -- two bankers and a Boca Raton man -- have already been criminally charged in the UBS matter.

As I wrote last month, many UBS clients have already sought representation from South Florida tax evasion criminal defense lawyers to help them get the best deal they can and avoid unnecessary risk as they come forward. While I am sure that some of these clients knew they were breaking the law by hiding their assets with UBS, published reports suggest that many others truly didn’t realize they had to pay taxes on their UBS accounts. One report said many UBS account holders in South Florida are children or grandchildren of Holocaust survivors who inherited the Swiss accounts and simply kept on doing what their relatives had done, trusting that their bank wouldn’t do anything illegal. As a Fort Lauderdale tax evasion criminal defense attorney, I believe prison and asset forfeiture are deeply inappropriate for such people.

I am proud to say that I represent clients in South Florida who need the help of a Miami tax evasion criminal defense lawyer to take part in the IRS voluntary disclosure plan. Finding, documenting and paying back taxes and fines can be complicated and sometimes frightening -- but waiting until the government comes after you can make the situation considerably worse. My job as a South Florida tax fraud criminal defense lawyer is to negotiate aggressively on clients’ behalf with federal prosecutors, to ensure that justice is done and get a fair settlement that leaves them with a clean criminal record.

Due to the increasing cyber crime issues arising around the world, I have decided to start informing my readers of the various cyber conferences that will be taking place around the globe. Please check out the ICCyber.org conference in Brazil.

For travel information please visit:

David Seltzer is a Miami based criminal cyber crime defense attorney. For a free consultation 24/7, please contact him today.

This post was contributed by Kimberly Peterson, who writes about the criminal justice degree online. She welcomes your feedback at KimPeterson2006@gmail.com.

Retail store employees have to deal with a lot from the general public these days: incessant questions about sales, customers who constantly throw merchandise around the store, and the every-so-often angry customer. More and more frequently, customers have been causing scenes in retail stores when returning merchandise because they do not have the credit card they originally did the transaction on. (You typically cannot return merchandise to retail stores without the original form of payment.) “Why don’t you keep that stuff on record?” retorts the irritated customer. Unbeknownst to customers, stores have drastically upped their security measures, including protecting credit card information, to better serve the public. What these customers have yet to understand is that these measures are put into place so that their credit card numbers are not stolen; if every store kept their 16 digit credit card number on record, don’t you think that would be a bit risky?

The past decade has seen a flurry of crime committed through the internet world, with the advent of online banking, as well as increased online spending. It is difficult to determine how safely guarded your credit information can be when send via websites, and the best you can do when making an online purchase is hope for the best or do your research. Retail stores in malls have similar problems since their information is now transmitted over the internet and their servers. Many stores kept records of credit card numbers on store copies of receipts until recently when this became a liability for the customer. High profile cases wherein someone hacked into stores’ servers became major headlines and many stores did all they could to change their systems in an effort to save their client relations. It thus became important to question which store was safe to shop in. Identity fraud is a common crime to commit in modern society because of the ease with which hackers can maneuver their way into various systems that keep records of your credit and vital information.

Retail stores have attempted to combat this new rise in crime through their new systems which can be somewhat inconvenient to customers, but have made huge attempts in curbing any type of hacking or stealing of information. TJMaxx and related stores made big headlines last August because of the theft of many of their clients’ credit card information from criminals around the world. While this does not appear to affect the credit card in any major way (parent companies cover the cost to VISA and other banks), we have seen results in smaller ways such as the rising of bank costs and related expenses, as well as higher prices in TJMaxx. It is amazing how quickly information can flow across the globe, so that criminals in Ukraine can garner information from sources in the U.S. and simply drain your credit funds. This becomes a difficult crime to combat because of its international sector, as well as a lack of a way to prevent this from happening. Viruses are instilled throughout the internet now so that criminals can easily steal your information from a single website; retail stores are only the beginning of the wave in crime and present an easy opportunity to take credit card numbers.

While the internet presents a large domain with which to control the amount of crime in, retail stores at least can muster up steps to combat these criminals through only displaying the last digits of a credit card. Although this may produce unpleasant customers, it is still good to know that most stores still keep the safety of their customer’s bank accounts in mind.

Guest blogger Kimberly Peterson maintains the Criminal Justice Degrees Guide site. Miami-Dade cyber crime criminal defense attorney David Seltzer represents people accused of credit card fraud, both online and offline. If you or someone you love has been charged with credit card fraud in South Florida, you should contact a South Florida credit card fraud criminal defense lawyer as soon as possible, to minimize the negative effects on your family, your money and your life. To set up a free consultation with David S. Seltzer, you can contact him online or call -866-685-3421 seven days a week and 24 hours a day.

As a Duval County Child Pornography Attorney, I found this interesting, law enforcement arrested seventy-seven (77) people on charges of child pornography this week in Tallahassee, Florida. The arrests were part of an ongoing operation dubbed "Operation Orange Tree." The individuals arrested were from all over the place including two (2) men from Lee County, Florida now faced with child pornography charges and a lifetime of penalties and problems. Other counties where individuals were arrested are Polk County, Florida, and Duval County, Florida, all relating to child pornography and children.

As a Lee County Child Pornography Attorney, what does all this mean for the 77 individuals charged? What it does not mean, and what they should not do is perceive their lives to be ruined. At this point, the state/federal authorities have made allegations of charges. No one has been convicted of anything. When dealing with cyber crime cases, it is all about the forensics and the investigation. The method's and manner in which the agencies conduct themselves is of the utmost importance. T's have to be crossed and I's dotted. Police have to be held accountable for their collection of evidence, and the following of protocols, etc.

As a former Miami-Dade Cyber Crime Prosecutor, I am familiar with all the protocols and procedures that are necessary in a proper arrest and forensic review. I have years of experience in Cyber Crime and child pornography cases both as a prosecutor and a defense attorney. As a Polk County Child Pornography Lawyer, make sure that if you are facing serious child pornography or solicitation charges, your attorney has the necessary experience and can understand and interpret the evidence. Call today for a FREE consultation 24/7 365 contact us 866-685-3421.

What do you do when you are not satisfied with your pizza? Whatever it is, it doesn't usually lead to getting arrested and charged with a criminal act. That is what happened to current prosecutor David Ranck. Mr. Ranck got into an altercation after his pizza was not delivered and he struck the pizza delivery lady. Mr. Ranck is now charge with battery and is facing criminal charges in Miami. (Miami-Dade prosecutor charged with punching pizza delivery woman). The punishment for battery, if convicted is up to 1 year in the county jail.

Battery is the unwanted touching of another. The "touching" need only be that, a touch. It does not require any force, solely that it be unwanted. For more information on battery or any other criminal matter, contact David Seltzer, Miami Criminal Defense Attorney 24/7 for a FREE consultation.

In Lee County Florida today, two men where arrested and charged with possession of child pornography.

Fort Myers Cyber Crime and Child Pornography Criminal Defense Lawyer, Free Consultation 24/7. Remember, it is all in the forensics...Cape Coral Child Pornography Criminal Defense Attorney.

David Seltzer, Cyber Crime Defense Lawyer at Balliro, Galasso, Leskovich & Seltzer, LLP, focuses on cyber crime defense.

President Obama today released his new cyber crime policy. Please see link below:

Cyberspace Policy Review: Assuring a Trusted and Resilient Information and Communications Infrastructure. No surprise cyber crime is on the rise. Obama's administration has indicated that cyber crime is a top priority. With the release of the new policies, let's see what transpires...

Polk County sheriffs office charged 45 people with possession of child pornography. This has been an ongoing investigation lasting over one (1) year.

45 Charged in Florida Child Pornography Sting

David Seltzer, former Miami Dade State Attorney Cyber Crime Prosecutor, is available 24/7 for free consultations. Now practicing Cyber Crime Defense Law, child porn/child pornography cases are being prosecuted in every jurisdiction in the United States. Your freedom and liberties are at stake, call for a free consultation with David Seltzer, Polk County Child Porn Criminal Defense Attorney.

Randy Starks, a defensive lineman for the Miami Dolphins, was arrested for aggravated battery on a police officer, the South Florida Sun-Sentinel reported May 24. Starks is accused of hitting the officer with his vehicle at a slow speed, in bumper-to-bumper traffic on a Saturday night in South Beach. He was also charged with a misdemeanor related to his truck’s license plate, which was not registered to that truck. No allegations related to drugs or alcohol were reported.

The newspaper said Starks was driving through South Beach just after midnight on Sunday when the officer approached his truck. The truck was designed for four people, but according to the article, it had thirteen inside, including a woman on Starks’ lap. The officer waded into bumper-to-bumper traffic and knocked on the driver’s side rear window, but the truck kept moving forward. When the officer knocked again, the truck did stop, allowing the officer to approach. But as he reached the driver’s door, the truck accelerated slightly, hitting the officer in the chest and knocking him into another vehicle.

Because this case involves a pro athlete, it’s attracting a lot of attention from both fans and the media. As a South Florida battery criminal defense attorney, I would like to clear up some of the misconceptions I’ve noticed. For example, the aggravated battery charge. If you’ve never worked in criminal law or been arrested before, you may not realize this, but battery is defined as any intentional, unwanted touching or intentionally causing bodily harm. That’s it. To be charged with battery, you do not need to cause great bodily harm or even hurt the other person. A charge of aggravated battery requires great bodily harm or use of a deadly weapon -- which could include a car.

Furthermore, under Florida law, any battery on a police officer is automatically treated more seriously -- from a second-degree felony to a first-degree felony, in the case of aggravated battery. So, assuming the incident happened as it was reported, the charges against Starks are perfectly legally sound. That said, the penalty for a first-degree felony is up to 30 years in prison, which seems disproportionate to the crime to this Fort Lauderdale battery criminal defense attorney. Judging by the description, Starks made some mistakes, but he may not have even intended to harm the officer. Given that he was apparently driving with someone on his lap, the swerve may not have been intentional -- a prerequisite for a battery charge. That’s just one of the possible avenues of defense I can see from reading the article.

Finally, as a Miami-Dade battery criminal defense lawyer, I’d like to add that high-profile athletes and celebrities should be given the same benefit of the doubt everyone accused of a crime should get -- presumed innocent until proven guilty. Celebrities and the wealthy attract a lot of criticism after an arrest, but when they face the justice system, each one is just an individual -- and just like everyone else, they need the help of a smart criminal defense attorney.

The Miami Herald reported May 15 that three Miami-Dade men have been arrested for allegedly bilking Medicare out of $22.7 million. Two of them, Michel De Jesus Huarte and Ramon Fonseca, ran medical clinics in five states, including Florida, which they are accused of using to defraud Medicare. Another defendant, Vicente Gonzalez, is accused with the first two of conspiracy and money laundering. A fourth suspect is still at large. All of them face fines, repayment and up to five years in prison for each count of fraud.

According to the article, the clinic operators are accused of billing Medicare for expensive HIV and cancer-treatment procedures they did not perform. In fact, an FBI investigation found that several “patients” knew nothing about the clinics they were supposed to have visited for the procedures. Another died before the procedure was allegedly performed, and two of the clinics involved did not seem to exist except as post office boxes. Once they received Medicare reimbursements, the Herald said, the conspirators would deposit them at storefront check-cashing businesses and take weekly deliveries of hundreds of thousands of dollars in cash.

As a Miami fraud criminal defense attorney, I was interested in this news because Medicare fraud may be the most common type of fraud against the federal government. And law enforcement says the three counties closest to us -- Miami-Dade, Palm Beach and Broward -- are among the top counties nationwide for Medicare fraud. In fact, the Florida Legislature just passed a law increasing penalties for defrauding the state Medicaid program. And Florida congressmen have been the driving force behind similar efforts to strengthen the federal anti-fraud law that the conspirators in this case have violated. With the economy in bad shape and government agencies looking for ways to trim fat painlessly, South Florida Medicare providers would be well-advised to expect further crackdowns.

As a Fort Lauderdale fraud criminal defense lawyer, I wish regulators well in their efforts to root out genuine fraud, especially organized schemes to defraud like the one described in the Herald. However, I would also be concerned for the patients and doctors who may be caught up in such a crackdown. Medicare fraud schemes frequently take advantage of patients who are elderly, unwell or otherwise vulnerable to exploitation. While there are some “patients” who are part of the schemes, many others are guilty only of trusting too much. And a few doctors may be vulnerable to Medicare fraud charges as well, thanks to a prohibition on “self-referral” and the general complexity of the system.

I absolutely support efforts to root out Medicare fraud -- but not at the expense of justice. Medicare fraud is a felony on both the state and federal levels, carrying up to 30 years in prison and six-figure fines at its most serious. As a South Florida fraud criminal defense attorney, I would not want those penalties levied at defendants who are already victims themselves.

David S. Seltzer, PA is proud to announce its new affiliation and firm name: Balliro, Galasso, Leskovich & Seltzer, LLP. David S. Seltzer, Miami Criminal Attorney is now the managing partner of BGLS Miami. The new firm location is:

Colonial Bank Building
1200 Brickell Avenue
Suite 1440
Miami, FL 33131
Tel: 305.444.1565
Fax: 305.444.1665
www.ballirolaw.com

Balliro, Galasso, Leskovich & Seltzer, LLP, is committed 24/7 to your needs. Please don't delay, call for a FREE consultation. When you only have one call, 1-866-ARRESTED.

In the past weeks, I’ve launched a series of posts about mortgage fraud, a crime that is generating substantial media attention and law enforcement action right now. As a Miami mortgage fraud criminal defense attorney, I feel that this is especially important here in Florida, where we have some of the highest rates of foreclosure and mortgage fraud in the nation. So far, I have talked about two current major categories of mortgage fraud: “foreclosure rescue” or “foreclosure prevention” scams against homeowners, and a complicated straw buyer scheme in which several people along the mortgage lending chain conspired to defraud a lender. Today, I’d like to continue discussing mortgage fraud by focusing on other mortgage fraud schemes uncovered around the United States.

Maybe most interestingly, a street gang is believed to be partly behind a large-scale mortgage fraud ring in San Diego. According to Reuters and the San Diego Union-Tribune, two dozen people were indicted for the scheme, which used inflated appraisals and straw buyers to buy 220 distressed homes for more than their asking prices, then pocketed the extra money. The lead defendants are Darnell Bell, a documented member of the Lincoln Park gang who used his gang experience to recruit and control the players, and business partner Michael Ivy, who negotiated the purchase deals. Other participants include a series of crooked real estate agents, escrow agents, appraisers, brokers and investors. The Union-Tribune said prosecutors are seeking the return of at least $11 million in the ring’s profits.

Meanwhile, in Kansas City, authorities are prosecuting a home builder and a real estate agent for their roles in a $12.6 million mortgage fraud scheme. Builder Jerry Emerick pleaded guilty to conspiring with a real estate agent to sell 25 upscale homes at inflated prices. The buyers involved received kickbacks totaling $2.3 million. Emerick admitted to submitting false documents and lying to title companies to further the scheme. It’s unclear whether the homeowners themselves lied to the lenders, but as a Fort Lauderdale mortgage fraud criminal defense lawyer, my guess is that the kickbacks mean they weren’t completely honest.

Finally, another article out of San Diego looks at an unintended consequence of the real estate bust: Homeowners lying about being laid off to get their mortgage loans modified. Because it’s difficult to get a lender to agree to a loan modification, some homeowners are falsifying documents or having colleagues lie to the lender to get a modification, short sale or deed in lieu of foreclosure approved. Others are working under the direction of crooked “foreclosure consultants” who assure them that fudging their incomes is okay. In either case, lying to a lender is still mortgage fraud, whether they’re overstating or understating their income. Even if the homeowners didn’t realize they were doing anything wrong, they could still suffer serious legal penalties.

I’m interested in these cases because they highlight the diversity of people who commit mortgage fraud -- people from desperate homeowners to suburban home builders to urban gangsters. As a South Florida mortgage fraud criminal defense attorney, I have seen all kinds of people involved in mortgage fraud scams in our state as well. But regardless of background and prior convictions, people accused of mortgage fraud need good legal help, preferably as soon as possible. With federal and state law enforcement pursuing cases of mortgage fraud more aggressively than ever, authorities could be all too happy to find a scapegoat. As a mortgage fraud criminal defense lawyer in Miami, I will work hard to ensure that none of my clients ends up in that role.

As I mentioned last week, I am writing a series of posts on mortgage fraud -- an important topic in Florida right now. In 2008, Florida was second in the nation (behind Rhode Island) in mortgage fraud, and many of our cities are experiencing very high rates of default and foreclosure. In response, organizations specializing in stopping foreclosures or modifying home loans have sprung up throughout Florida. Some of these may be legitimate -- but as the Obama Administration warned today, others are just fronts for a type of mortgage fraud perpetrated against homeowners.

Thanks to the 2008 Foreclosure Rescue Fraud Prevention Act, it’s illegal in Florida for a foreclosure consultant to demand up-front payment. But some of them do it anyway, then simply fail to help -- and that’s not the only scam. Other common schemes include persuading the homeowner to sign away ownership of the home; selling insurance for foreclosure and relocation; setting up a “refinance” deal that really transfers ownership; and signing the distressed homeowner up for unnecessary, expensive services or loans. At best, these schemes take homeowners’ money and hope without giving them anything in return. At worst, they actually steal the home and leave the victim deeper in debt than ever.

The Florida Department of Justice has promised to crack down on mortgage fraud, and as a Miami mortgage fraud criminal defense lawyer, I have been watching the news -- and I’ve already seen the results. On April 3, Jacksonville’s News 4 reported that the state sued a company called National Foreclosure Counseling Services for false advertising, charging up-front fees and then failing to perform any services. On the same day, the Orlando Business Journal said another company, Homestead Protection Services, had agreed to voluntarily dissolve and pay restitution to its customers for multiple violations of the Foreclosure Rescue Fraud Prevention Act.

These schemes are mortgage fraud, just as lying to a bank in a loan application is mortgage fraud. In fact, some of them involve lying to banks, as well as homeowners, about issues like the homeowners’ consent or knowledge, or the value of the home. As a South Florida mortgage fraud criminal defense attorney, I only expect to see more news reports like these in the next few months. If the amount of political and media attention paid to this issue is any indication, law enforcement is going after mortgage fraud in a big, big way. That means lots of headlines and big, splashy news conferences.

Most of the people charged will probably be guilty -- but I’ve been a Miami mortgage fraud criminal defense lawyer too long to think prosecutors and police never make mistakes. I hope that legitimate companies doing their best to help distressed homeowners aren’t caught up by law enforcement’s enthusiasm for punishing con artists.

David S. Seltzer, Miami Criminal Defense Attorney focused on all areas of Criminal Defense Law and Cyber Crime Defense is proud to announce his new association as of counsel to Balliro, Galasso and Leskovich, LLC. Balliro, Galasso and Leskovich is a Criminal Law Firm dedicated and focused on 100% Criminal Defense Litigation. With seven offices, Balliro, Galasso and Leskovich, and David Seltzer, PA, are focused on defending the rights, freedoms and liberties of individuals across the State, both in Federal and State Courts.

For more information or to find the office nearest you, please visit us at www.866defendant.com or the www.criminalgroup.com

Well as we all knew this was inevitable. The US government today made their first big arrest in prosecuting those involved in hiding money from Uncle Sam. Boca Raton accountant was arrested for allegedly hiding millions in tax dollars. As a Miami Criminal Lawyer who practices Tax Evasion, this is just the beginning. After speaking with various colleagues, both attorneys and forensic accountants alike, the United States government is going to look for its money.

The question is, is it worth it to the US government and taxpayers? Will the cost of prosecution be reflective of what they will recover? I submit to you the answer has to be NO. Generally tax issues settle for pennies on the dollar, so why will these instances be any different? With the economy heading the way it is, is this the best use of our government resources? I believe they should attempt to negotiate and resolve these matters outside court once the individuals are identified. If no resolution can be reached, then let the Courts get involved. But I do not believe that on a cost basis recovery analysis this venture will prove fruitful to Uncle Sam. Stay tuned, more to follow I grantee it...the government never goes away quietly...

Mortgage fraud is on the rise in the United States, especially in South Florida. State Attorney General Bill McCollum has even gone so far as to call the sharp rise in mortgage fraud a state of emergency. Against that backdrop, I was not surprised to see an item in today’s South Florida Business Journal reporting that 11 Miamians have been indicted for an alleged mortgage fraud scheme worth as much as $4.7 million.

The defendants, one of whom remains at large, are accused of running an elaborate scheme. Alleged ringleaders Juan Garcia and Yenisley Acosta are accused of recruiting the others to buy homes using false financial information and claiming the homes were for residential use. These buyers are called “straw buyers.” Once the home sales closed, the straw buyers would immediately sell the properties to other straw buyers at a higher cost, for a total of 13 transactions involving six properties over four years. Sale proceeds would go to the alleged ringleaders; none of the buyers made mortgage payments or even paid closing costs.

Of course, five of the six properties went into foreclosure right away. According to a press release from the U.S. Attorney’s office for the Southern District of Florida, several of the fraudulent loans in the scheme were Federal Housing Administration loans, which means they were guaranteed by the federal government. When the homes went into foreclosure, the federal Department of Housing and Urban Development had to pay back the loans, for a total loss to the government of $1.6 million. The newspaper gave the total value of the scheme as $4.7 million.

This is an elaborate example of the “straw buyer” or “for-profit” type of mortgage fraud, in which one person purchases the property on behalf of another person who would normally be ineligible. The straw buyer uses or falsifies good credit and a strong income in order to get the loan, but the real purchaser pays all of the costs of the transaction. In exchange for his or her services, the straw buyer (and anyone else involved in the scheme, such as an appraiser) gets part of the proceeds from the loan. The real purchaser pockets the remainder of the loan and walks away from the home without making any payments, sending it into default and foreclosure right away. This is one of the most common mortgage fraud schemes I’ve seen as a Miami mortgage fraud criminal defense attorney.

In this case, the alleged perpetrators actually sold the properties to new straw buyers, at inflated prices and using even larger loans, allowing them to profit more than once from the same property. Naturally, this defrauds the bank, which now has no way to collect on its investment. Indirectly, it also affects all of the honest homeowners in the area as well, because foreclosures drive down home prices and give banks a reason to tighten their credit standards even further.

As a South Florida mortgage fraud criminal defense lawyer, I expect to see more stories like this in the near future. The Cape Coral-Fort Myers area has the second most foreclosures of any U.S. city, according to recent statistics, and the rest of South Florida is affected as well. In many areas, we are also seeing an uptick in fraudulent schemes exploiting homeowners desperate to avoid foreclosure. Because this issue is so relevant, I intend to address different aspects of it from a Miami mortgage fraud criminal defense attorney’s perspective in the upcoming weeks’ blog posts.

More and more cities in South Florida and Central Florida are adding red-light cameras to their arsenal of tools to catch traffic offenders. Cities including Orlando and Apopka already have the cameras, the Orlando Sentinel said March 15, and many other municipalities are considering them, including Delray Beach, Winter Park, Tallahassee, Clermont and Kissimmee, as well as Orange County. In fact, state legislators are considering a law that would standardize how red light cameras are used. Generally, cameras are set to take a photo whenever the associated traffic light turns red, and drivers caught in the intersection are cited $75 to $500 by matching the license plate number in the picture to DMV records.

The cameras are praised by municipal officials as a cost-effective way to catch more red-light runners and reduce the number of serious accidents at intersections. As Winter Garden police chief George Brennan told the Sentinel, law enforcement believes that “cameras don’t lie.” But as a Miami criminal defense lawyer, I know it’s not so simple. For one thing, cameras do lie, in a way -- by omitting details in the scene that would change many police officers’ minds about whether the driver deserves a ticket. People who lent their cars to friends, people who made legal right turns on red and people who were trying to avoid an accident have all been cited -- and had their appeals denied.

And those objections don’t even touch the issue of possible flaws in the technology, including problems with how human beings administer it. As a Fort Lauderdale cyber crimes criminal defense attorney, I know very well that innocent people can end up criminally charged because of problems with technology, or how law enforcement uses technology. As this TV news report shows, one Albuquerque man got a ticket for turning right on a green arrow -- which didn’t show up on the video the city took, thanks to the camera’s low frame rate and low resolution. He successfully fought his ticket.

Even more importantly, there’s evidence that red light cameras actually make Florida roads less safe. In 2008, the University of South Florida brought out a study of the cameras showing that they actually increase rear-end accidents by giving drivers a reason to stop short when they reach an intersection with a camera. By contrast, accidents involving red-light runners were decreasing before the cameras became popular. Studies showing the cameras reduce accidents are generally flawed, the university’s press release said -- and funded by the auto insurance industry, which stands to profit from the cameras because more citations and accidents increase insurance premiums.

If red light cameras aren’t doing much for safety, why are Florida municipalities still considering them? One answer is that they consistently drive up revenues for the city or county that owns them. Police officers can’t be posted at every intersection -- but cameras can be. Even in a small city, this can add up to hundreds of extra dollars in fines per day. And it’s not just disgruntled drivers who see the financial motive -- a retired Florida Highway Patrol trooper told the Sentinel that cameras are “simply a revenue-generating device cloaked under the guise of public safety.”

More and more, drivers are fighting back, in part by arguing that photograph-only evidence denies them the Constitutional right to confront their accusers. I am proud to say that I am the South Florida criminal defense attorney representing one of these drivers. People who run red lights should absolutely be held responsible, but I believe red light cameras, with all their flaws, are not the right solution.

The New York Times reported today that there have been an influx of mistrials and misguided verdicts relating to juror's disregard for the law and the American system of justice as jurors are turning to the WWW for information. As a Miami Cyber Crime Defense Lawyer, I am not really sure how I feel about this. Our society is now controlled by technology, and dependent on it for our everyday lives. Is it fair to now ask people to go backwards as technology continues to move us forwards?

As a Fort Lauderdale Criminal Defense Attorney, I understand the ramifications of individuals tainting their perspective on a case with outside information. However, the real question at this point is how do we as a judiciary going to deal with it? This problem is not going to go away, and both sides always want a fair trial, but with technology in our face 24/7, is every jury from here on out going to require sequestration?

Looking at this matter on anther level, a recent NBA player was admonished for Twittering during the halftime of a recent game.

This article from the New York Times is simply the beginning of this debate. Stay tuned...

One big piece of news for football fans today is Saturday’s fatal car accident involving Cleveland Browns wide receiver Donté Stallworth. According to the Miami Herald, Stallworth hit and killed a pedestrian on MacArthur Causeway between Miami and Miami Beach at around 7 a.m. March 14. The Herald said Stallworth is cooperating with authorities. As is routine after a fatal traffic accident, law enforcement drew Stallworth’s blood to test for drug or alcohol intoxication; results are expected at the end of the week.

This video, posted online by the Herald, shows officers performing field sobriety tests on Stallworth and trying to resuscitate the victim, 59-year-old Mario Reyes. As the newspaper warned its readers, the video is "graphic" and not appropriate for everyone because it shows Reyes at the scene.

Of course, this case is attracting a lot of attention because the driver is a celebrity -- but as a Miami vehicular homicide criminal defense lawyer, I don’t see much that’s out of the ordinary right now. Around the Internet, rumor has it that prosecutors are poised to charge Stallworth with DUI manslaughter once the test results come back. This has generated a lot of anger about irresponsible football players and indulgent authorities who go easy on celebrities who drive drunk.

However, as far as I can see, no established news organization has reported that Stallworth was actually intoxicated, or appeared intoxicated at the scene. In the Miami Herald’s video, viewers can clearly see officers administering a horizontal gaze nystagmus test, in which Stallworth would have been asked to follow the officer’s penlight with his eyes. Stallworth appears calm and cooperative. None of these things are proof that he was sober, of course, but they don’t show that he was driving while intoxicated either -- and even football players are innocent until proven guilty in the United States. As a Fort Lauderdale DUI criminal defense attorney, I prefer to reserve my judgment until law enforcement releases the toxicology reports.

I know how passionate fans can be when they see players accused of -- or seeming to get away with -- serious crimes. And if there’s a crime here, it is serious. Both DUI manslaughter and vehicular homicide (which doesn’t require any alcohol involvement) are second-degree felonies in Florida carrying up to 15 years in prison and fines up to $10,000.

If Stallworth doesn’t already have a South Florida vehicular manslaughter criminal defense lawyer, he should get one as soon as possible. Manslaughter charges are serious under any circumstances, but the situation can be seriously complicated by early conviction in the “court of public opinion.” Stallworth, like everyone accused of a crime, deserves a fair trial in a court of law.

As a Miami Criminal and Cyber Crime Defense Attorney, I do what I do to help. A colleague of mine sent me the below video and it reminds us that people in life deserve second chances.

David S. Seltzer is a Miami Cybercrime and Criminal Defense Lawyer who practices throughout the State of Florida, including Miami, Fort Lauderdale, West Palm Beach, in both State and Federal Court. Please call 24/7 for your FREE confidential consultation.

In these times of financial hardship to the United States of America, the Federal Government is making tax evasion, tax avoidance, and tax mitigation a top priority. With the announcement that UBS is turning over information relating to those Americans suspected of defrauding the United States Government, criminal prosecution for Tax Evasion is rampant in our courts, and will only increase in the upcoming months. See USA Today Article IRS unlocks UBS vault hiding Americans evading taxes

As a Criminal Tax Defense Attorney, it is extremely important for those who believe they will be investigated to be prepared for the road ahead. My advice to you is to speak to an attorney concerning your rights and your position. It is time to protect your assets and your future. Call today for a free consultation 24/7 and speak directly to an experienced criminal defense tax evasion lawyer.

In a recent announcement, Myspace.com removed 90,000 registered sex offenders from its website. What is interesting to me as a Miami Criminal Defense Lawyer, is how many of those individuals removed may have been in violation of their sex offender conditions by being online? And if so, will they be prosecuted for the violation?

Usually sexual crimes involving minors committed in today's world involve restrictions on what individuals can and cannot do. In almost all circumstances I have experienced, internet usage has been severally restricted. If an individual who is a registered sexual offender or predator is on probation and requires the use of a computer to work, their freedom to surf the internet is limited. In most cases the machine is equipped with either a keystroke logger or some other form of monitoring device, which allows probation to supervise and monitor every move. Website access is limited to only those sites that the individual requires for work, once they are approved by the appropriate agency's involved.

I can imagine very few circumstances that would require an individual on sexual offender or predator probation to be using myspace.com or any other comparable social networking site, such as facebook.com. That being said, one thing we as a society need to address is, are all individuals who are forced to register as sex offenders, really sex offenders, in the sense that are they a danger to the community? And how long until the courts attempt to impose a lifelong ban on internet usage by sex offenders or predators?

In my opinion each situation must be visited on a case-by-case basis, only after a careful review and understanding of the underlying facts. Working as a Fort Lauderdale Criminal Defense Attorney, I come across all types of criminal activity and each case must be looked at in a vacuum, as no two cases are alike. Some individuals end up in situations where they are not a danger to the community, and are labeled for the rest of their life.

Case on point, as a Miami Criminal Defense Lawyer, I represent an individual who had consensual intercourse with a minor when he was barely an adult. Unfortunately, he does not qualify under the new Romeo & Juliette laws, and now with a wife and two kids, has nowhere to live since he has been evicted from his home once his landlord learned of his status. Miami Dade County told him to use the MacArthur Causeway as his registered address. Is that what we as a society have become? The city in which he lives does not truly allow sex offenders to live there. However, they are willing to look at each case on a case-by-case basis and if a court of competent jurisdiction makes a finding that the individual is not a danger to the community, then the city will allow him to continue to reside there. Just one of the many reasons why the legislature needs to take another crack at the registration statutes, because sometimes good people get caught in the crossfire.

In honor of the nationwide opening of the movie Defiance, staring Daniel Craig, and my impending nuptials to the grand niece of the Bielski Brother's here is history we cannot forget.

South Florida Criminal Defense Attorney. Miami Criminal Defense Lawyer. Fort Lauderdale Criminal Defense Attorney. Cyber Crime Defense Lawyer. Miami Cyber Crime Defense Attorney. Miami Criminal Defense Attorney.

The South Florida Sun-Sentinel reported Jan. 3 that a former teacher in Coral Springs has been jailed for having a sexual relationship with a 16-year-old student. The teacher, who is 41, is accused of having a consensual sexual relationship with the girl that lasted more than a year. In fact, both the teacher and the student had been questioned in late 2007 and early 2008 about their relationship, but both denied any impropriety. The teacher, whose South Florida criminal defense attorney wasn’t questioned by the paper, has been jailed on five counts of sexual battery.

As a Fort Lauderdale defense attorney myself, I thought this was a good example of how confusing Florida sex crime laws can be. Florida law does not exactly discuss rape; what could be charged as rape elsewhere might be called sexual battery here. That includes statutory rape -- sexual conduct with a consenting person who is nonetheless too young to legally consent. In many other states, sexual battery is unwanted sexual touching that doesn’t meet the definition of rape. Perhaps most importantly in the present case, Florida’s sexual battery law specifically prohibits sexual relationships between someone under 18 and someone who is “in a position of familial or custodial authority” over the younger person.

Furthermore, our age cutoffs are complex. In general, any sexual conduct with someone under age 15 is illegal, and any non-consensual sexual contact with someone of any age is illegal. And of course, a consensual relationship between two people age 18 or over is not a crime. However, if the younger person in a consenting relationship is 16 or 17, the conduct is legal if and only if the older person is under the age of 24. Furthermore, age is not relevant if both parties are under 16. That is, a 13-year-old and a 14-year-old could both be criminally charged for having a sexual relationship with one another. If convicted, they could be required to register as sex offenders for the rest of their lives, unless they petition successfully for removal under Florida's "Romeo and Juliet" law.

As you can see, Florida law on sex-related offenses can be confusing. In high-profile cases, this is complicated by the fact that many offenders are convicted in the “court of public opinion” before they ever see the inside of a courtroom. As a criminal defense lawyer in South Florida, I cannot stress enough how important it is to get an attorney early in the process to help avoid the embarrassment and very real damage a sex charge, however unfounded, can cause to clients’ cases and lives.

It’s nearly New Year’s Eve, and for Florida drivers, that means an upswing in police DUI patrols and sobriety checkpoints. According to the South Florida Sun-Sentinel, Palm Beach County and Broward County are both increasing their patrols for the holiday, and other jurisdictions in Florida are likely to do the same. As an experienced criminal attorney in Miami, I know how tragic the consequences of drinking and driving can be. If you find yourself considering driving after a few drinks this year, consider calling a cab, getting a ride with a sober buddy or taking advantage of program’s like the AAA’s Tow to Go Program.

But as a South Florida DUI defense lawyer, I also see many clients whose misconceptions about drunk driving laws and penalties got them into trouble they could easily have avoided. So for this holiday, I’d like to take a moment to clear up some of those misconceptions and remind drivers about their rights, responsibilities and potential penalties under Florida DUI law.

The first thing to know is that technically, you can refuse DUI tests -- but it may not be a good idea. There are two types of tests used by law enforcement to spot a driver under the influence: field sobriety tests and chemical tests of your blood, breath or urine. In almost all cases, the officers will administer both tests.

Field sobriety tests are the physical tests officers give on the roadside: Walking a line, finger to nose, standing on one leg and horizontal gaze nystagmus (in which you follow an object with your eye and an officer checks the angle at which your eye starts to jerk). They are not considered very accurate, and in fact, a sober person might fail for any number of innocent reasons. You have the right to refuse a field sobriety test, but keep in mind that the officers will not like it very much. The officers can arrest you anyway if they feel there’s enough evidence to support a DUI charge.

Chemical tests are a different story. All drivers on Florida roads (including those with out-of-state licenses) have given “implied consent” to blood, breath or urine tests simply by using the roads. If you’re pulled over, you generally don’t get a choice of tests. In fact, officers may ask for more than one if the results aren’t clear, and they will insist on a blood or urine test if they think you’ve used drugs. If you refuse these tests, you will be penalized for it -- a first refusal doubles the time your license will be suspended (to a year) and can be used as evidence against you in a DUI court case. A second refusal is a criminal misdemeanor.

Another common misconception has to do with the automatic driver’s license suspension. Even a first DUI in Florida draws an automatic driver’s license suspension -- unless you fight it at an administrative hearing at the DMV. You don’t get this hearing automatically! You have to request it in writing, and you must make that request within ten days of your arrest, or your opportunity to protect your driving privilege is lost. You can, and should, have an attorney represent you at this hearing. Unfortunately, the administrative hearing is completely separate from your court case, which means winning one doesn’t help you win the other. As a Fort Lauderdale criminal lawyer, I handle both the hearing and the criminal case for DUI defendants, usually as part of the same defense strategy.

The penalties for driving under the influence of alcohol or drugs in Florida are harsh, even if it’s a first offense. First DUI offenders can expect:
• Up to eight hours in jail, until the police believe they’ve sobered up.
• Their vehicles to be impounded or immobilized for ten days, under most circumstances.
• Driver’s license suspension for at least six months -- a year if they refused to take a breath, blood or urine test.
• A fine of $500 to $1,000. The fine rises to $1,000 to $2,000 if there was a minor in the vehicle or the BAC measurement was 0.15 or higher.
• Fifty hours of mandatory community service.
• Twelve hours of mandatory DUI school.
• Possible court-ordered alcohol or drug addiction treatment.
• Up to a year of probation.
• At the judge’s discretion, six to nine months in jail.
• An immediate and sharp increase in their auto insurance rates.

As you can see in the Florida statutes, these penalties increase sharply for a second or third DUI conviction, and the defendant is no longer eligible for community service or probation. In addition, a subsequent conviction requires you to have an ignition interlock device (breathalyzer) installed in your vehicle. A third conviction within 10 years, or any fourth or subsequent conviction, will be charged as a third-degree felony.

I spotted an article in today’s New York Times that I thought was sobering but relevant to my practice as a criminal defense lawyer in South Florida. Just in time for the holidays, the Times brings us a reminder of the economic troubles many Americans face this year. The article tells the story of Richard R. Johnson of Elkhart, Indiana, who faces shoplifting charges for trying to steal a $4.99 bottle of sleep medicine from a grocery store. He had actually intended to pay, but came up a dollar short.

Johnson admits his guilt and says he realizes it was a bad move, perhaps committed because he was desperate. He was laid off last year from a well-paying job building trailers, then again recently from McDonald’s. His family of four relies on his wife’s minimum-wage job at Wal-Mart, help from family and a food bank to get by.

According to the article, retailers are seeing a sharp increase in shoplifting -- 10% to 20% higher than normal, according to police departments. That may be a low figure, in fact, because stores often choose to handle smaller thefts on their own. While many people arrested for shoplifting are people who made bad decisions under stress, like Johnson, the article says many other shoplifters are part of organized shoplifting rings. These organized crime rings have moved online, where they can do millions of dollars in business. Experts quoted in the article say that it’s these rings, rather than individuals like Johnson, who pose a serious threat to retailers.

Johnson told the New York Times he was surprised that the grocery store would bother prosecuting such a small theft. The store says its policy is to prosecute all theft, and of course, it has every right to do so. Shoplifting is a crime -- and like Johnson, many of the theft clients I’ve represented know that they did something wrong and regret it. As a Miami-Dade criminal defense attorney, I have had great success getting my clients favorable results.

The holidays are a time for forgiveness. With the economy in an acknowledged recession and thousands of families across the U.S. struggling to make ends meet, it seems almost Scrooge-like to prosecute someone like Johnson to the fullest extent of the law. The penalties for second-degree petty theft (the charge for shoplifting goods worth less than $100) in Florida include steep fines and up to 60 days in jail, which could add up to a serious burden for someone desperate enough to steal $5 worth of merchandise. If organized crime poses a much more serious threat, as the article says, perhaps retailers should focus their efforts there instead.

Miami Criminal Defense Attorney, the saga continues...to carry or not to carry?

More on Athletes and Firearms.

Miami Criminal Defense Lawyer asks, is your computer safe? Do you have your passwords written under your desk blotter or in your rolodex? Even if you are good at hiding your password, technology today makes it very easy for someone who knows what they are doing to crack your codes. What does that mean for you as a user?

If someone gains access to your computer for even a minute, they can turn your computer into a host computer and source all their activities through your machine, insulating them from police detection. So when the authorities come a knocking, and eventually they will, you will look like the culprit. What agencies and users are starting to do is incorporate some of the changes recommended by a panel - Panel Offers Ways to Bolster Cyberspace Security. One security system is similar to a USB device that gives out scrambled codes every time the user seeks to log in, thus giving the user a new password each time.

There are a variety of ways to protect yourself, but the simplest way is making sure you don’t leave the front door open. For more information on cyber crime prevention or advice if you are facing cyber crime charges in the United States, please contact David Seltzer, Miami Criminal Defense Lawyer Miami Cyber Crime Defense Attorney today for a free consultation 24/7.

As a Miami Dade Criminal Defense Lawyer pondering Plaxico Buress’ latest off the field saga, I guess the real question that sports fans have to ask one another is why do people who have it all feel the need to do stupid things? Just a thought, but if I was making $206,000.00 a week playing football, carrying concealed weapon into a night club and shooting myself would not be at the top of the list of things a Fort Lauderdale Criminal Defense Attorney would consider to be a fun night out.

Under Florida law, carrying a concealed firearm is third (3) degree felony punishable by up to five (5) years in prison. However, that being said, discharging a firearm in public carries an additional penalty of up to a year in jail. Under Florida law, if the individual is not a convicted felon, there are no minimum mandatory sentences, unlike New York. The long and short of it is, Plaxico Buress, next time you are stupid and want to lose $824,000.00 do it in a state where the penalties aren’t so harsh.

See Giants' Pierce to testify for grand jury.

The Supreme Court of the United States has “drawn the line in the sand” about what is and is not child pornography. See Ashcroft v. Free Speech Coalition. So is taking pictures of your children in the bathtub, or them running around the house naked child pornography? Having been a prosecutor in Miami and dealing with cyber crimes/child pornography, and now a criminal defense lawyer, it is simply something you cannot explain. You know child pornography when you see it. Art is still art, and there is nothing illegal about taking pictures of children clothed, or nude. The question you have to ask yourself when determining if the image is child pornography is, what is the focus of the image? Is the purpose of the image sexual in nature? Does the image focus on a certain part of the minor’s body? The list goes on from there as to what factor government officials use in determining what is and is not child pornography.

That being said, images that don’t fall under child pornography may fall under the category of child erotica. Child erotica is not illegal to possess. However, it is often times difficult and open to many varying degrees of interpretation as to whether something qualifies as child pornography or child erotica. Furthermore, depending on your State laws and the position of the US Attorney in your State, possession of child erotica may be a crime.

In a recent article published by an affiliate of the Miami New Times, the author published images of her children in various stages of undress. (See Newspapers nude child photos draw police review). Now let me state that I have not seen the images, but from what I gather, the focus was no sexual in nature, rather artistic. So why the uproar? It is an election year and politicians can’t be seen as soft on any type of crime that may involve minors. The courts have settled the issue, however, like anything else dealing with the law it will be continually debated for years to come. But again, child pornography is just something you know when you see it, and unfortunately leaves a lot open for interpretation. So ladies and gentleman, the moral of the story is keep your family photos to yourself!

Our family, who had never, ever been touched by any type of legal situation before, found ourselves in a desperate situation. My husband was arrested for a cyber crime - online solicitation, and we were thrust in the middle of a confusing, frightening, unfamiliar world. I immediately began checking on attorneys. I knew we had to move and move fast. I wanted the very best Florida criminal lawyer there was. I also wanted one familiar with cyber crime. Over and over again the name of David Seltzer, Miami Criminal Computer Crime Lawyer kept coming up. I was told if I wanted the best- he was it. I knew with situations like this you didn’t play around. My husband’s very life depended on quality representation. I contacted Mr. Seltzer, Miami Criminal Cyber Crime Attorney, and he immediately took control of the situation. They arrested my husband in our home state of Kentucky and took him to Florida. Mr. Seltzer’s people met my husband at the jail and got him released. They rented a motel room where he could wait until he was allowed to return to KY. He never had to spend one night in jail in Florida. I was home here in Kentucky and I was panicking, I didn’t know what to expect or what to do. I think Mr. Seltzer, Miami Criminal Computer Lawyer, called me at least 10 times a day during that first week. He gave me his personal cell phone number and gave me permission to use it anytime I needed it. When he says he is available 24/7 – he means it! He definitely went the extra mile to walk us through the court system step by step. Although this crime had the potential of 15 years in jail and a minimum of 21 months, my husband did not have to serve any jail time at all. We cannot convey how important it is to have a good attorney in cases like this. Everyone was right when they told me Mr. Seltzer was the very best criminal attorney in Florida. He is not only knowledgeable about cyber crimes, and computer and internet crimes, he was previously a prosecuting attorney who dealt with cyber crimes in Miami. Mr. Seltzer, Miami Criminal Attorney is very assertive and he is on top of every aspect of your legal defense. Nothing gets by him. If you are facing legal problems, I urge you to contact him immediately. Mr. Seltzer, Miami Criminal Lawyer did an outstanding job for us and we give him our highest recommendation.

Signed
A GRATEFUL WIFE

In India an individual charged with a cyber crime now has to prove their innocence (Onus on IP address owner to prove innocence). Is the United States any different? I refer you to one of my earlier posts - Presumption of Innocence, Where Did It Go?

Being involved in the cyber crime world I see it all the time. IP addresses, an individual's fingerprint in cyberspace can be manipulated, spoofed, make someone virtually untraceable. So how can an ordinary individual be expected to protect themselves against a sophisticated cyber criminal and then have to prove their innocence?

Florida and the rest of the United States is not there yet, but I can assure you that an individual charged with a cyber crime case is not going to take it lying down. Yes, the State has the burden of proof and the ability and resources to secure necessary evidence, but do they always do it? IP logs are retained for a limited amount of time depending on the internet service provider ("ISP"). Yahoo!, EBAY, Facebook, Hotmail, AOL, etc., all have retention periods for logs that can range from 45 days and up. Once the data is purged, it is gone forever. Which can make defending yourself extremely difficult, if not impossible.

It has been my experience that ISP's are friendlier to law enforcement and give private attorney's the run around at every corner. So I have taken it one step further on the advice of a colleague. I have recently had a local police department investigating one of my clients served with a Brady Notice, as well as the local State Attorney's Office. The State can get the potentially exculpatory evidence with ease, which may vindicate my client; thus, close their investigation, so why wouldn't they want it? The name of the game is cover your A$$. Make sure if there is potential computer evidence out there that can help your case, it's preserved. Even if the State won't issue a subpoena, ask that a preservation letter be sent to the ISP so that they evidence can be preserved in its current state for 90 days. At least that way you have some time to fight with the ISP for the records. If you can't get it done in 90 days, on the 89th day, have the State send another one extending the time period.

Remember, it is not possible to store all the data our computers generate on a daily basis. It just doesn't make sense for the ISP's financially, so the key is preservation, because at the end of the day, you may be the one proving your client's innocence rather than the State meeting it's burden of proof.

People always wonder, do athletes get special treatment? The answer is, in typical lawyer speak, "it depends." There are programs around the country designed to give first time offenders a break. A "get out of jail free card," if you will. In Miami, Florida, the program is called Pre-Trial Intervention ("PTI"). The purpose is to show an individual who has committed a qualifying crime what contact with the system is like in hopes to deter any future contact. Generally the conditions of PTI range from fines, donations, courses, to community service hours. Once the conditions are completed, the case is dismissed, the individual is eligible to have their record sealed and expunged, and life goes on!

So, athletes and celebrities who are also first time offenders are entitled to the same treatment. Just because they are in the public eye doesn't mean we should treat them differently. As I was working earlier today, I received a call from my home town of Montreal from Mitch Melnick at radio station Team 990. He wanted to know more about the Montreal Canadians hockey player whose case was dismissed in Tampa, Florida earlier today. As I understand the facts of the case, Ryan O'Byrne, along with a teammate Tom Kostopoulos, were charged in Tampa in February for an incident relating to theft and resisting arrest. Kostopoulos' case was dismissed; however, O'Byrne's remained open until today when it was dismissed in exchange for an apology and community service hours. (Charges dropped against Habs' O'Byrne after court apology, community service)

There are a whole host of reasons why a case gets dismissed, but again if a first time offender is taking responsibility and cooperating with the authorities, this type of result is not uncommon, famous or not. People make mistakes in life and the criminal justice system is supposed to be "somewhat" rehabilitative, no?!

Florida Lawyer Segment

Cyber crime is on the rise. Not a novel or new statement, but what is novel and new is the way that law enforcement, attorneys, and judges are dealing with this new area of the law. South Florida (Miami and Broward County) is no exception or stranger to the increased cyber crime. Cyber law crosses into various aspects of our current legal system – civil, domestic, criminal, etc. This list is meant to give you a glimpse into the world of cyber crime and what lies ahead for the defense bar. Combating these case is often timely and costly, but with the right strategy and defense, cyberspace may hold the key to vindication!

Here is part 1 of the Top 10 Do's and Don'ts on various issues concerning cyber crime cases (Part 2 to follow in the upcoming weeks):

6. Chat logs, are they what they purport to be? Has your agency caught up with the Jones’? What type of technology are they using to track your client’s chats? Most agencies are new at the whole cybercrime game, so they are doing things the old fashioned way; they are cutting and pasting the chat logs into a word file. Often times you can argue that is not the “best evidence,” as the data is easily manipulated and often times missing lines of text as well as other important text entries. There is software out there that allows the undercover agent to track the conversations, whereby they don’t have the ability to manipulate the data. Check your jurisdiction’s case law. But the best evidence is always the logs. Computers don’t generally retain chat logs, but often times forensically you can recover excerpts, which can be helpful.

7. IP Logs. Always check the little things that can be overlooked. I have seen it before, where an agency is investigating a crime and has subpoenaed IP logs, date/time, etc., but has either forgotten to include the appropriate time zone, the wrong time zone, or didn’t take into account daylight savings time. So make sure the government agency has subpoenaed the right IP logs. For example, if the issue is an AOL email that was sent containing suspected child pornography, the correct IP log to subpoena would be found in the header information of the email sent, not the IP log captured when the AOL screen name registered the account.

8. Is your client a collector? Generally speaking, someone who possesses child pornography has tendencies that are obsessive compulsive. They collect images and videos, and will usually have hundreds if not thousands of images. So what does that mean for the client who is found with one or two? Very important not to dismiss your clients statements as to how or why they are there. Computers these days do a lot of crazy things and if your client only has a few pictures, I would get ready to dig in your heals in order to determine where they came from and how they got there. (Refer back to No. 1 – Forensic Expert is key!)

9. Does the search warrant authorize what the agency actually did? Computer search warrants can be very technical and complex these days. With that being said, the judge who is reading the warrant often times doesn’t understand what the warrant specifically authorizes. Then again, sometimes neither does the affiant of the warrant. This tip on search warrants should be read it conjunction with number 3, because when you are deposing the affiant you want to grill them on the warrant to ensure that they accurately portrayed the sworn affidavit to the judge. Fruit of the poisonous tree…Additionally, information contained in a warrant may be inaccurate. For example, the affiant may have used an incorrect IP address as its source of probable cause, wrong property description, may not have had probable cause to believe the evidence they are seeking would be stored on a computer, and the list goes on. Furthermore, does the warrant even authorize a search of the computer and/or additional seized media post-seizure? If it does authorize a search, what does it authorize a search for? If it is documents, and they discover images of child pornography, do they continue to search without a warrant, or did they stop to secure a new warrant to search? Just a few issues to scratch the surface on warrants.

10. Consent, to what? Agencies often attempt to secure consent to search electronic media rather than get a search warrant. What you need to look for is what was seized, whose electronic media was it, did the person who gave consent have the ability to give consent (does that person use the computer on a regular basis, do they have their own login information, is the computer password protected…). Agency’s investigating cyber crime love to execute the knock-and-talk with a consent waiver in their hand. Target is usually not home and the girlfriend, wife, or adult child, signs on behalf of the target that has no idea what is going on. Later on appeal, the State argues they had probable cause and through inevitable discovery, they would have gotten a warrant. I submit to you that’s bogus. If they had probable cause, they would have come warrant in hand, and but for the consent to search form being executed by an individual without authorization, they would not have any evidence.

a. Additionally, depending on your workplace, your client may already have given their employer permission to search their workplace computer. Be it a form you signed on day one of your employment that informed you of the company’s computer policies, or a daily banner that comes up on your screen every time you logon, an employer may be able to give law enforcement what they are asking for. This scenario is wholly dependent on what the banner/notification policy states.

The litany of questions and hypothetical’s is too long for this list, but just be aware that in the land of cyberspace, there are always alternative theories and legal issues that will keep the government agencies on their toes and require exploration by the defense bar deep into the world of cyberspace!

David S. Seltzer is a former Miami-Dade County Cyber Crime State Prosecutor. His practice is limited to criminal defense with a specialty in cyber crime. For more information or to contact David S. Seltzer, please visit www.cybercrimesdefense.com.

Imagine coming across the border into Miami having returned from a business trip. Laptop in hand, nothing to declare, and the next thing you know, your laptop is being read and reviewed by TSA. Fair? Legal?

As politicians grumble over what appears to be the latest invasion of an individuals privacy by the Bush administration, what ever happened to this country's 4th amendment right to be free of unlawful searches and seizures? What the government is seeking to do now is to search laptop computers of those who enter the country at will. It is raising a lot of red flags, as United States citizens, and I believe rightly so, are in an uproar that their constitutional rights are being violated.

Once back on United States soil, do their rights not apply? According to the 9th Circuit Court of Appeals, TSA has the right to search laptops of those entering the country without probable cause, reasonable suspicion, all they need is a hunch and then they search. Non-US citizens, ok maybe, but even still, why are the courts giving TSA so much leeway? I understand we are at war and our safety is our highest concern. I am all for drug and bomb sniffing dogs, but the freedom to read email, search documents, etc., without reasonable suspicion, probable cause or a warrant, simply by racial profiling, I cannot agree. The Courts that we have in place to uphold our constitution, to me is making a mockery out of it. Looking for loopholes anywhere they can.

This issue is far from over. It is being address in the Senate and by Congress. For more information please see the article: Laptop Searches in Airports Draw Fire at Senate Hearing

First off, thank you to Prof. Patrick Corbett, from Thomas M. Cooley, who passed this story on to me. I recently ran into Patrick at the ABA Cyber Seminar, in Washington, DC. I attended Cooley, prior to transferring to Miami. I transferred for family reasons, but I truly believe that the education at Cooley is one of the best in the country, because they really, truly care about the success of their students.

State worker was charged with possession of child pornography on his workplace computer. A situation that is all too familiar these days. However in this case, the computer wasn't all that accurate. Yes, the computer did possess child pornography, but in filing a case the State must also prove that the user knew (or had dominion on control over the images). In this situation the State had neither. In a forensic review of the computer, the defendant was able to prove that he was not accessing or viewing child pornography, rather the computer was. What?

This is not the first instance of computers doing things on their own. Basically what happens is that you either intentionally, or unintentionally (virus), download a software application. They come in many forms, but the gist of the application is the same - it seeks out pornography, and doesn't differentiate between child and adult. It then appears to the world that your "machine" has been viewing pornography, and thus the police investigation/charges.

Who's fault is this? You would think that in the "pursuit of justice," that the police would be cognizant of the various types of viruses out there and when they forensically analyze the media they seize, that they would search for them. In reality what happens is that due to the backlog of media that is waiting to be forensically analyzed throughout this country, once the analyst discovers the evidence to make its case, the forensic review stops and the case gets filed. That begs the question, who really has the burden of proof?

It just goes to show you that you really can't judge a book by it's cover. For the article, click here: State Worker Cleared on Child Pornography Charges

Breakers jewel thief sentenced to prison

By LARRY KELLER

Palm Beach Post Staff Writer

Thursday, June 12, 2008

WEST PALM BEACH- — Debonair international jewel thief Nordine Herrina traded his expensive suits for drab jailhouse blues in court today, where he pleaded guilty to stealing two rings from a Palm Beach jewelry store that retailed for $1.5 million.

Herrina, 32, was sentenced to 3 1/2 years in prison after agreeing to plead guilty to two counts of grand theft of more than $100,000. He was credited for the two years he has been in jail, reducing the actual sentence to 18 months. Each charge carried a maximum sentence of 30 years in prison.

A French citizen, Herrina was a globe-trotting jewel thief extraordinaire who pocketed millions in baubles, authorities say. Dapper and accompanied by a beautiful woman, Herrina used sleight of hand to swindle jewelers in Italy, France, Switzerland, California and New York, they say. On at least one occasion, he claimed he was Prince Khalid of the Saudi royal family.

He was imprisoned in Italy in December 2002, then transported to Switzerland where he was sentenced to the time he already served in Italy. But the United States began extradition proceedings to have him face charges in Miami-Dade County, Palm Beach County and Orange County, California.

He arrived in Miami earlier this year. A judge there also sentenced him to the time served abroad, and ordered him to pay $145,000 in restitution. His next stop: the Palm Beach County courthouse.

Before retired Judge Roger Colton sentenced him today, Herrina gave him a neatly printed letter in which he said he has reformed. Unmarried, he has a 5-year-old daughter, he wrote.

"I am suffering for all this years lost from life from 26-32 years," he wrote. "I will like to see my daughter. I have learn a lot in prison. I will ... come back in the society and give the best of me."

If the way Herrina filched two rings from the Diamont Noir jewelry shop at The Breakers hotel in April 2001, was typical of how he operated, he was as smooth as a perfect pearl. Here's how Palm Beach police — who worked with the FBI and Interpol — say he did it:

Wearing a navy blue double-breasted suit, white shirt, violet tie and carrying a black alligator-type wallet, Herrina walked into the shop with a buxom blonde wearing a low-cut, off- the-shoulder blouse.

He asked to see a ring in the display case, and the blonde tried it on, then returned it to Stephanie Halimi, the store owner's daughter. Herrina then asked if Halimi had something bigger for his wife, explaining that the blonde was his girlfriend.

Herrina was shown a larger ring. He asked to speak to Halimii in a back office. Then he asked to see the box for the ring. Next, he asked to speak to employee John Goodkin, saying he preferred to do business with a man, because he was Arab.

Herrina put five 100-dollar bills on a counter and said he wanted to buy both rings — one for his wife, one for his girlfriend. The larger ring was a platinum, 9.15 carat, cushion cut diamond, flanked with two half-moon shaped diamonds. Retail value: $1.06 million.

The smaller ring was set in 18 carat yellow gold and platinum, with an 11 carat, fancy yellow pear-shaped diamond, flanked with two pear-shaped clear diamonds. Retail value: $441,140.

Herrina told Goodkin that he would return to purchase the rings after he went to lunch. Goodkin thought he watched Herrina place the rings back in a black velvet box, which was placed in a safe. He asked Goodkin not to show the rings to anybody else.

As Goodkin was about to close the store at 7 p.m., the "Arab" and the blonde had not returned. He went to the safe and discovered both rings were missing.

Police believe Herrina and his friend scammed a Boca Raton jeweler out of a $130,000 bracelet the same day, and were thwarted by a second jeweler in that city. The next day they were trying the same ruse at Cartier and Christian Dior shops in New York City, they say.

Now Herrina is headed to a Florida state prison, but maybe not for long. He still has charges pending in Orange County, California, which has the right to grab him immediately, said his Miami attorney, David Seltzer. If convicted there, he could serve his sentence in California, Seltzer said.

As part of Herrina's plea deal on Thursday, he was ordered to pay $1.5 million, plus $846 in court costs. But Judge Colton told Herrina that once he finishes his U.S. prison sentence, he likely will be deported — he still must serve a two-year sentence in France — and barred from returning here.

"There's no way of enforcing those judgments," Seltzer said.

State and Federal agencies are cracking down on child pornography in an effort to protect the nation’s young from repeated online victimization. Internet Service Providers, such as Verizon, Time Warner, and Sprint , have announced that they will be spending in excess of $1 million dollars to purge their systems of anything child porn related. For more details see: Verizon, Time Warner Cable, Sprint to Block Child Porn Sites

The question is at the end of the day, how will this really help protect our nation’s youths? Will all the nation’s ISP’s follow suit? Will this become legislation? If the Federal Government steps in, what happens when this is challenged in the court’s over free speech and first amendment issues, just like Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002). This new twist in fighting child pornography is not over...

Over the weekend, I was in my home town of Montreal, Quebec, Canada, when an incident broke out. A little background first about Montreal. Montreal is a beautiful European city, but it is very tight-knit, in that in the surrounding neighborhoods and communities, everyone knows what’s going on.

A teacher at one of the local private schools in Westmount, a suburb of Montreal, was arrested in Virginia for allegedly soliciting an undercover police officer over the internet. As I was in Montreal over the weekend, I attempted to find out more. I went over to the high school, where I was essentially escorted out of the school for inquiring about the subject. This wasn’t the end of it. No one in the city seemed to want to help this individual. Now, I am not insensitive to the underlying allegations; however, what bothers me is that as a society, this man has already been tried and sentenced. What happened to the presumption of innocence today? The same people who threw me out of the school are the same ones who teach our children about our justice system and society.

I understand that the crime he is alleged to have committed is appalling to our society; but does no one believe in the system of justice that we have followed for centuries? I have seen people charged with murder get more assistance than I have this individual. Forget rights, the allegation alone has created a situation whereby he is guaranteed NOT to get a fair trial.

I recall when I was a prosecutor trying a case involving child pornography. I had similar thoughts; who can really be fair and impartial? I really truly believed that it was possible for someone to sit as a juror and render a fair verdict. Looking back on it, when faced with images of child pornography and evidence of where it came from, was there any way a conviction wasn’t coming? Now the defense in that case did a fabulous job representing the client, but did it matter? Was the client really tried by a “jury of his peers?” Were the pictures alone the basis of the conviction, or did the jury actually listen to the evidence?

Is there still a presumption of innocence in our society when online crimes involving children are ALLEGED. Does the State/Government still have the “burden of proof,” or has it really shifted to the defense (contrary to our laws) to prove his innocence?

After what I experienced in Montreal over the weekend, I know I still believe in this country’s justice system, I’m just not sure most of its citizens do.

In a recent news article delivered to me by a friend of mine, Mark Mulroney, the technology used to search a suspect’s computer has taken a giant leap forward. No longer are police and investigators required to track cables, label machines, and photograph the exact location of every device. With this new device from Microsoft, the Computer Online Forensic Evidence Extractor, commonly referred to as COFFEE, law enforcement can literally have your information at their fingertips.

COFFEE is a USB thumb drive that contains 150 commands that can dramatically cut the time it takes to gather digital evidence, and decrypt passwords and analyze a computer's Internet activity, as well as data stored in the computer. What could have taken days, weeks, and months, to crack can now be done in a fraction of the time. What does this mean? Well let’s look at it from a law enforcement point of view.

For law enforcement, it means less time on scene taking down computers, and quicker analysis’ of machines (possibly depending on the purpose of the investigation), to name a few benefits. Therefore, faster turn-around time on pending investigations and prosecutions, and ultimately, it could lead to saving law enforcement a lot of time and money, which we all know they can use with budget cuts all over the country, especially in Florida.

What does this mean for the non-law enforcement individuals? Well, for now until the entire scope of what this device is capable of, not much will change. I am certain that this device will be challenged as to authenticity of the material recovered. I have yet to see how exactly is can re-create a clone or image of a hard drive, which is what is needed to preserve the integrity of a computer’s hard drive. It looks like all this does is a quick search of the drive for whatever the investigation calls for. Some interesting discussions that may follow as a result of this are whether or not inserting a thumb drive into a computer can trigger a virus, or alter any computer data, or trigger a program, which all can compromise data. I am sure Microsoft has explored all those possibilities, but as the world goes, so do technological advances and someone will figure out a way to trip this device up. It is inevitable. Food for thought, what happens if this gets in non-law enforcements hand, then what…?

For the more information on COFFEE, check out:

Microsoft device helps police pluck evidence from cyberscene of crime

Microsoft Calls on Global Public-Private Partnerships to Help in the Fight Against Cybercrime

Microsoft COFEE (Computer Online Forensic Evidence Extractor) for law enforcement

So my clients had their hearings, which were supposedly impartial. There is good news and bad news, but I am still unclear about the bad news. If you recall from the WSVN Channel 7 story the young lady who was victimized and sucker punched in the altercation, she was suspended for the remainder of the semester and kicked off campus. She now has no where to live and no money, and of course, the University will not return the money she paid for housing and tuition. She is however, allowed to come back to school next semester, so long as she pays her tuition and expenses. Go figure...This is not the end of her story...

As for the budding cameraman, he was allowed back into school and into housing, with certain restrictions. The question is, due to the amount of time he missed because of the University's suspension, he may not be able to complete the semester, which again will require him to pay more money to the University to make up the classes. All for videoing an incident on school property and posting it on YouTube.com. But again, his future has been affected and this may not be the end of this situation for him either.

The University showed their true colors here for what clearly appears to be financial gain. As I said in my interview with Channel 7 WSVN Fox, the University was not happy for the "black eye" this incident gave the University. Over 500 people saw the video on YouTube.com and god forbid that affects the Universities enrollment as there was a physical altercation on campus.

I have learned that last year a student broke down a door on campus and pulled a knife on another student in the dorms. End result, that student was not expelled and continues to be a student at Barry University. Another incident involving a female and a fight on campus, still has that female student enrolled at Barry University. So why has my client, who is CLEARLY the victim in this incident, and solely protecting herself and her safety, no longer a student this semester at Barry University? My client was a good student, involved in student leadership, and would give tours of the campus to prospective students. I am at a loss for the way the University is handling this situation, but then again, the saga continues...

Is your information safe? People take a lot for granted when it comes to the internet and their financial information. For example, the simplest thing that most people forget to do when using a public computer is making sure they are logged off and thus, the person after you doesn't access your information. Internet security is an issue that it is at the forefront of countries security all over the world. Internet hacking is the crime de jour, and the new target for organized crime. No longer do people walk into banks and rob them like Bonnie & Clyde, they do it from the comfort of their living room. What are you doing to make sure that your information is secure?

So when did we lose the right to freedom of speech? The law doesn't allow private institutions to thwart the law, so why does Barry University think they have the right to bully around two young students? Kids will be kids, and I am the first one to state that all parties may not have clean hands in this situation, but as far as Barry University is concerned, while on SCHOOL PROPERTY, my clients did nothing wrong.

If you haven't already heard, Barry University has initiated expulsion proceedings against two students, both of which have 3.0+ grades, and one of whom is a student leader. Both students have aspirations of higher education and distinguished professional careers. Now the only thing that stands in their way is private politics.

A video of the incident which occurred on Barry University's campus April 4, 2008, was posted on YouTube. What the video shows, is a loud discussion among some students that drew a crowd. My client, the budding camera man decided to film the altercation and include his own play-by-play commentary. My other client was involved in the debate, but as the video clearly shows, she WAS NOT the aggressor, rather the victim when she was sucker punched by another female. Present during this altercation was the resident adviser as well as numerous campus security. Kudos to the student RA, who was the only one from the school who attempted to stop the incident.

50 States security, one of Barry University's rent-a-guard patrols, is seen on video and asked if he was going to stop this incident, to which there was no response. Also, in violation of school policy, the security guards hired to protect the students failed to file incident reports.

Some great filming if you ask me. Lots of different camera angles, shots of the crowd, the interested parties, the school officials. Barry has taken the position at this time that only my two clients, and the girl who threw the punches are being expelled. Of course that position changed once Fox News Miami got involved. The University was planning on identifying every student who stood idly by and watched the altercation and expelled them in accordance with some obscure school policy. But of course, as the media got involved they backed off that course of action.

So what makes my clients any different, why are they being railroaded here? In an attempt to resolve this matter today, I contacted both the Dean of Students Office and the Legal Department. End result nothing was done. When asked if I can attend a meeting with my clients earlier today, answer no, the public is not allowed to attend hearings and meetings. Ok, so my clients then met with Jeff Edwards of the University who asked them to sign a document admitting the charges against them. Why would they sign a document admitting something that didn't happen, just to allow the school to expel them...Barry clearly has shown no interest in doing what is best for their students, rather, they are simply concerned with their image. My clients didn't break any laws. My clients are the victims here.

Here we have two students from out of state, with no money and no place to sleep. The University has informed them that if they return to their dorm rooms, which they are continuing to pay for, or to the cafeteria, to eat meals they are continuing to pay for, then they will be arrested for trespassing and charged criminally. So now I have to clients, which I will gladly continue to feed and make sure that they have housing, but what is Barry doing to protect these young students who they have made homeless? Are they going to give them back their money, voluntarily? Of course not, but then again that is why we have courts.

Below is the piece that aired on WSVN 7 Miami today. I am working of putting the entire video up, so check back soon so you can be the judge as to what is really going on here. This is a travesty of justice and the University is trying to sweep it under the rug. Well, I won't let them.

It is with great pleasure that I announce the launch of www.davidsseltzer.com.

Please check it out and let us know how the Law Offices of David S. Seltzer, PA can help protect your freedom and rights. Don't delay, let a former Miami-Dade County Prosecutor help protect your good name and reputation. Contact us today.

So I was watching a television program and there was an interesting storyline. The program addressed a plethora of child pornography issues, which are clearly becoming an increasing concern for law enforcement as technology quickly advances. Without going into the entire show, the two interesting issues were: Youth Enhancement Software (Image Manipulation) and Steganography .

The program focused on the landmark case of Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), possession of virtual child pornography is not illegal, rather free speech. And what has developed as a result of that is a world that law enforcement and the Supreme Court cannot control. Technology that is used for “good,” age progression software; is now being used in reverse – age regression. So essentially, legal aged girls are being photoshopped back into their youth, and the child pornography is legal. According to the Supreme Court, that’s legal. Virtual child pornography or manipulated images are going to make prosecution of child pornography a whole new world. As these images start popping up around the world, prosecutors will no longer be able to stand up there and state that the images are actual real children. Expert testimony is going to drive the cost of prosecution on these cases through the roof, and with cutbacks all over the country in law enforcement, it will be interesting to see what gives, the trial tactics, or the Constitutional right to “free speech…”? If anyone image in the defendant’s control is not “authentic,” the entire prosecution is compromised.

Another interesting issue addressed in the program was Steganography . Basically, it’s a secret image or text hidden behind another image. This is interesting because it is becoming more prevalent on the web and easily available to anyone who can download the necessary software. It’s not used solely for child pornography, but it’s been its most recent adaptation. To the naked eye, without the appropriate software, looking at a picture of the Statue of Liberty can really be pornography. When you decrypt the code, you will not see any lost pixels or portions of the image. So sending it over the internet can often allow the image to travel undetected through internet photo scanner programs (a discussion for another day).

It makes you wonder about technology today and its effects on the investigation and prosecution of child pornography, what does tomorrow hold? Technology is going to continue to be an uphill battle for all involved in protecting our youth. So again, what has to give to protect our children, whose rights, free speech?

The law is in place to protect all of us, including police, so what makes them feel that they can (a) toe the line, or (b) break the law? First, before I continue on this topic, let me stress that the case I am referring to is not being prosecuted in South Florida, but it is being prosecuted in the State somewhere.

I was recently retained to work on a matter pertaining to cyber crime. Upon my review of the facts, I was shocked and appalled that the prosecuting agency was acting in this manner - not willing to discuss the case or the lack of the case they have. Instead, what it appears as though they are willing to do is create law, which as the current state of the case law stands would be great for the defense bar!

I am referring to an online solicitation case with chat logs, not closely, but CLEARLY entrap the defendant. The undercover is the aggressor in each chat, brings up all the sexual conversations, even after the defendant continually says he is not interested in that, and even goes so far on one occasion as to initiate the chat session. Do you want more? The undercover, after she continually invited the defendant to come and visit, asked him of course to bring protection, to which the defendant again said, do not want to have any sexual contact/relations. Undercover, then offered to book a hotel room for them! It went on...

Now if this case ever came across my desk when I was a prosecutor, I would have slapped the detective upside the head and then explained to them why I was not filing the case.

If that isn't enough, there are other issues. Did I mention to you that they are missing NUMEROUS portions of the chat logs as they had computer issues and could not save them. What they do have are excerpts that were cut-and-pasted from the chats, but they are INCOMPLETE. Oh, and they only chose to use the logging feature provided to law enforcement at certain times to record the chats, when it suited them. And of course, there is no mention in the chat logs by the undercover of her age, being a minor, there are references but no direct mention. Also, they said it was common practice for their department to wipe the undercover computer's hard drive, thus making it impossible for any recovery by the defense. This case is a mess for the State, yet there is no telling them that.

On the issue of the chat logs, there is a case on point that addresses this situation. In United States v. Jackson, 488 F.Supp.2d 866 (8th Cir.(Neb.) May 08, 2007), the Court held that cut and paste chat logs failed to meet the foundational requirements of authentication, and thus not admissible at trial. The Court stated that the State has the burden of proof to show that the transcripts are authentic and trustworthy. Id., at 871; see also United States v. Black, 767 F.2d 1334, 1342 (9th Cir.1985); Fed.R.Evid. 901(a); United States v. Tank, 200 F.3d 627, 630 (9th Cir.2000); United States v. Webster, 84 F.3d 1056, 1064 (8th Cir.1996).

In Jackson, the State sought to introduce “editorialized” transcripts, as portions of the conversations were not available as they were omitted in the copy and paste process, not saved, or destroyed. Jackson, at 870. When the time came to use the actual chats, the computer had been wiped, there was no logging feature used, and the editorialized versions were all that was available. Id. “The cut-and-paste document offered by the State is not an accurate original or duplicate, because it does not accurately reflect the entire conversations between the defendant and [undercover]. Id. At 872.

A computer forensic expert testified that there were numerous alternatives to the cut-and-paste method that would have been far more accurate, and would not have allowed data to be lost. Furthermore, that had the computer not been erased, the chat logs may have been recoverable. The Court went on to state that the missing data “creates doubt as to the trustworthiness of the document…[as] deletions have clearly been made to this document, and accordingly, the court finds this document is not authentic as a matter of law.” Id. It is clear that the proposed document does not accurately reflect the contents of the original. Id. At 872.

Two additional cases that also address the admissibility of chat logs and transcripts are United States v. Tank, 200 F.3d 627 (9th Cir.2000) and United States v. Simpson, 152 F.3d 1241, 1249-50 (10th Cir.1998). However, these cases are distinguishable as the actual computer files were offered as evidence, not cut-and-paste versions.

The Court in Jackson, went on to exclude the chat logs in lieu of allowing the officer to refresh his recollection as to the missing portions, as doing so would have allowed the government to indirectly present the chat logs to the jury, and create an unfair situation for the defendant. Jackson, at 872; see also Hall v. American Bakeries Co., 873 F.2d 1133, 1136 (8th Cir.1989).

So is it worth it to hold your ground and start creating law that probably won't conform what's right, or should the prosecutor here realized that you can't win them all?

Sorry for the absence to all my loyal readers, been a busy month moving to our new digs. But I am back and today showing support for a near and dear friend of mine running for Judge. Here is a letter that I received that I wanted to share.
___________________________________________________________________________
Dear Neighbor:

Jorge E. Cueto, a resident of Country Walk, has filed as a candidate for Circuit Court Judge, in Group 11 of the Eleventh Judicial Circuit of Florida. Jorge has over thirty years of professional experience in both the private and public sectors. He was admitted to the Florida Bar in October 1992. As an Assistant State Attorney in the Eleventh Judicial Circuit, he prosecuted defendants in the County, Juvenile and Felony divisions of the Miami-Dade courts. His last assignment with the State Attorney’s Office has been in the elite Public Corruption Unit.

Prior to joining the State Attorney’s Office, Jorge was legal counsel and vice president for a mid-western corporation. In that capacity, he practiced general commercial and corporate law, and executed a number of mergers and acquisitions. Jorge also served honorably as a member of the Miami-Dade Police Department for sixteen years. His last assignment was Commander of General Investigations for the Cutler Ridge District. Jorge was assigned to the County Board of Commissioners where he was named Staff Counsel to the Public Safety Committee of the Board. Jorge is conversant in Spanish, French, Portuguese, and Italian and has a working knowledge of Russian. He has taught several topics as adjunct professor in the College of Urban and Public Affairs of Florida International University. Among these courses were Comparative Legal Systems, Criminal Law, Organized Crime, Origins of Terrorism and Public Personnel Management.

Jorge graduated from Immaculata-LaSalle High School in Miami, Florida. He attended Boston University and received his Bachelor of Science in Chemistry/Biochemistry from the University of Miami. He earned a Juris Doctor from the School of Law of the University of Miami. He also attained an ISO 2000 Quality Auditor Certification through DePaul University and has designed quality control systems conforming to this international standard. Jorge Cueto successfully completed the required CPA curriculum for the State of Illinois CPA at the College of DuPage. He has been admitted to the Forensic Accounting Master Program at Florida Atlantic University.

Jorge’s personal and professional affiliations include membership in The Florida Bar, The Cuban American Bar Association, The American Chemical Society, The League of Prosecutors, Phi Delta Phi Legal Honor Society, University of Miami Law School Alumni Association, The Historical Museum of South Florida and the International Police Association. He currently serves as a board member of the Miami-Dade Citizens’ Independent Transportation Trust.

Jorge Cueto has been married to Ana Maria Cardin Cueto for over thirty years and they are blessed with three adult daughters: Elizabeth, AnaMari and Lauren.

Because of his extensive public service to this community, intellect and commitment to the law and justice, Jorge would be a fair, impartial and well-balanced judge, equipped with a varied technical legal background and the richness of the life he has led. That is why I am asking you to endorse and support his candidacy and contributing in any way you can. Enclosed you will find a self-addressed envelope. Please join me in voting for my husband, Jorge, for Circuit Court Judge on August 26th, 2008.

Sincerely,

Ana Maria Cardin-Cueto

Jorge Cueto for Judge!

Not sure what I find more amusing, the fact that government agencies can get electronic text messages without a search warrant, or that fact that they think this behavior is legal. The right to be free from government intrusion has been a staple our constitution since the beginning of time. So tell me what the difference between an email and a text message is? Answer, for an email you need a search warrant which articulates probable cause, for a text message you need a government agent who believes they have reasonable doubt. But they both contain content, which under the current state of the law in this country REQUIRES a search warrant signed by a neutral judge.

Now as technology changes so does the law, so why haven’t the courts bought into this? In the past, the cellular phone providers didn’t log text messages. Some still don’t. So I can understand why subpoenas were sufficient for text message logs in the past, because there was no content. But today, with content being logged, why the courts having such a hard time grasping that content is content, and an email is no different than a text message.

Verizon Order to Turn Over Text Messages

What Right to Privacy?

Eventually this matter will resolve, but again, it will take time for it to filter through the courts. There is a judge out there who will be able to clearly see that content is content. Until then, we will continue to battle this issue in the courts.

It is with great pleasure that I announce my practice has moved to Brickell. The new address for David S. Seltzer, PA is:

Mellon Financial Center
1111 Brickell Avenue, Suite 2050
Miami, Florida 33131
Tel: 305.444.1565
Toll Free: 866.685.3421
Fax: 305.444.1665
www.cybercrimesdefense.com
www.davidsseltzer.com

Let’s give credit where credit is due, Miami boasts some of the best computer forensic experts I have ever seen. What do you think happens when you delete something on your computer? Well before I learned about computers, I like you, thought it was erased and gone forever. But for some people, sadly that is not the case. When you delete a file or an image, and then take the next step to clear the recycling bin, the files are still on your computer. Sometimes for years to come…

There is software out there that you can use to wipe your computer clean in hopes to erase files, but there have been situations where machines have been wiped 5 plus times and files can still be recovered. So what is on your machine that is so secretive…? Once you learn how a file structure works on a computer you might better understand how the files are recovered. But generally, any forensic examiner worth their salt will find what they are looking for or at least remnants of a file. The stars have to align for all properties of a file to be completely erased, or you have to have some proven wiping software.

For more information on files structures and deleted files check out:

Slack Space
Window Washing Slack Space
Cyber Scrub, What you erased is not really gone

So you again thought you were safe. What people have to realize is that the cost of doing business has gone up in today's world, mainly due to stories like this one. Companies spend millions of dollars a year to protect their infrastructure as well as their clients valuable personal information, only to discover that everything they thought they were doing right has been hacked. As technology advances and we as a society get away from the traditional telephone system, cyber space has become the new switchboard. Not only is it cheaper to make a call on the internet, but you often times have more control over various telephone features that most people don't realize exist. I have been a Voice Over IP user for years and what has essentially occured is that I am always connected to my numbers, be it online, through my blackberry, or a simple text message. I guess there is such a thing as being too accessible.

This nationwide FBI investigation has lead to the arrest of multiple suspects in conjunction with a voice over IP scam (VoIP). What the subjects would do is hack VoIP companies and steal online telephone minutes and resell them. Check out the video and see how these hackers bragg about the capabilities of the companies to secure themselves.

Continue reading "Voice Over IP Hacker Arrested in Miami, a new Cyber Crime" »

So what do you do with all the junk mail you receive about your personal information? Do you believe everything that you see in an email? If so watch this video and educate yourself as to what really goes on in cyberspace. More of my comments to follow.

I know this is probably old Florida news by now, but it just makes you wonder about all the money the government invests into protecting our children and then something like this happens. Agencies are getting more money to fight crimes of this nature, but are they really making any headway? I have the utmost respect for law enforcement – having been a former prosecutor – but where are all the funds going? I know in Miami for example, some of the finest officers in the country, they are undermanned and overworked.

A few months back it was a prosecutor who killed himself after being exposed in an undercover child exploitation sting. Are we creating monsters as a society by continually exposing individuals (voluntarily) to child pornography and solicitation cases? Should there be continual review processes in place to ensure that the people we pay to protect our children are in fact doing so and not “falling off the wagon?”

I have no doubt that our law enforcement personnel are doing their job and it’s only a few bad eggs spoiling the bunch, but there needs to be some oversight to make sure that we weed out the bad apples and make sure we monitor those exposed to these crimes. This DCF arrest doesn’t spell the end to government workers involved in child exploitation scandals, the question is how is the government going to guard against it?

DCF Worker Accused of Using Children to Make Porn

In today’s day and age you would be hard pressed to find someone who doesn’t know how to use a computer. Computers are everywhere and control everything. So is it surprising to hear that according to the US Department of Defense, the volume of cyber crime grew by 54% in the last year. If you think about it, the target area, or the playground as some individuals might call it, as grown virtually in cyber space. Paper is a thing of the past and everything has gone high tech. Banks, credit cards, you name it and it involves a computer.

But the real question is, are the big companies the only ones that have to be concerned? The answer is clear. With a 54% increase in cyber crime, it is a problem that everyone has to take notice of. Small and medium sized enterprises should be more aware, to the individual working online with personal information.

As a defense attorney who specializes in cyber crimes, I get calls all the time from people who have had their personal websites hacked, to their identities stolen. Of course there are remedies and manners of redress that are available, but we as individuals have to be prepared. We have to take the necessary steps to protect ourselves from cyber crime. The governments can only do so much. The local police and government agencies are overworked, under financed, and under manned to deal with the increase in cyber crime. And the crimes that they do focus on are the high priority, high profile crimes, as they should. However, then who is left to look after the little guy?

You. So be mindful of where you enter your personal information. Protect your computers with the appropriate software, and trust no one. Your information is sacred and if you lose it, it will spell trouble for you.

Let’s think for a second what the ramifications would be like if Miami, or the Eastern Sea Board, or the United States was without internet and telephone communication…hmm…sheer and utter chaos? Probably. We have become a society dependent on technology; we will never be able to live without it. So how are we affected by the outages in the Mideast?

As a nation cognizant of its costs, numerous companies outsource work to the Mideast. Therefore, I am certain that this Mideast shut down is having a serious negative effect on companies’ worldwide. The problem may take weeks to fix, but the lost profits might take much longer to recoup. At the end of the day, who is to blame for this incident, and how can we see that it never happens again? What this has shown us is that our technological infrastructure can be breached, be accidentally or intentionally, governments have to aware of areas that can cause serious damage to a nation’s economy. At the end of the day who is to be held accountable?

Third undersea Internet cable cut in Mideast

Hollywood is getting into the act. The new so-called technological thriller is Hollywood’s take on cyber crime. The movie’s premise is a cyber-crime FBI agent who investigates killings, where the weapon of choice is the internet. The movie title “Untraceable,” attempts to give people a sense of what is actually capable of happening when using the World Wide Web. The possibilities seem to be endless, but are they? Maybe to a point…

But in the end, possible, reasonable, or Hollywood? Cyber crime is here to stay. The question is how are the agencies that investigate the crimes going to deal with them.

Media Credit: Photo courtesy of Sony Pictures

DAVID S. SELTZER, PA., is a Miami based law firm that represents the rights of individuals throughout the Nation, both in State and Federal Court. The firm handles matters including but not limited to: cyber crime and general criminal defense, real estate, divorce/family, immigration, corporate, complex computer litigation, and traffic matters.

The firm is located on Miami Beach, at:

1680 Michigan Avenue, Suite 919
Miami Beach, Florida 33139
Tel: 305.444.1565
Fax: 305.674.3805
Email: david@seltzer.ca
www.cybercrimesdefense.com (UNDER CONSTRUCTION)
www.seltzer.ca (UNDER CONSTRUCTION)

David S. Seltzer, PA