February 10, 2010

New Jersey Legislature Approves Bill to Make State 14th New Jersey Legislature Approves Bill to Make State with Medical Marijuana

Legislature on Monday approved a bill that would make New Jersey the 14th state to allow chronically ill patients access to marijuana for medical reasons. The bill allows patients with ailments such as cancer, AIDS and multiple sclerosis to buy up to 2 ounces (57 grams) of marijuana a month at state-monitored dispensaries.

New Jersey's legislation authorizes the Department of Health to issue to patients with "debilitating medical conditions" registry ID cards that allow them to use marijuana. Patients with specified diseases such as cancer and glaucoma must also demonstrate severe or chronic pain, nausea, seizures, muscle spasms or wasting syndrome to qualify. Patients with registry cards would be immune from arrest or prosecution for the medical use of marijuana.

Continue reading "New Jersey Legislature Approves Bill to Make State 14th New Jersey Legislature Approves Bill to Make State with Medical Marijuana" »

January 21, 2010

New York Juvenile Justice Under Review

New research indicates that New York’s juvenile detention centers fail to keep the youths secure and do not meet their treatments and services needed for recovery. This new information has underlined many juvenile justice advocates’ sentiments that the state needs to rethink its actions and responses to troubled youth.

Policymakers and prosecutors alike agree that New York should limit the number of juveniles sent to prison-like facilities and create more community-based programs for reducing youth crimes. These programs have statistically shown to be less expensive and more effective than the residential facilities. A shocking 89 percent of juvenile boys placed in residential facilities go on to commit further crimes. Roughly 1,600 youths are sent to these facilities each year, however, the majority of these youths have not committed serious felony crimes.

Continue reading "New York Juvenile Justice Under Review" »

November 20, 2009

Leandra's Law Approved: Drunk Driving Penalties More Severe

On November 18, 2009, the bill supporting Leandra's Law was signed, now making it a felony to drive drunk while a child is in the car. The new legislation is named after an 11-year-old girl who was killed as a passenger in a vehicle driven by a drunk driver. According to a nydailynews.com report, the signing of Leandra’s Law has been referred to as one of the most difficult bills to turn around in the nation. In fact, it even stalled for weeks in the Democrat-controlled Assembly.

Residents and visitors of New York should also note that in addition to making it a felony to drive drunk with a child 15 or younger in the vehicle, Leandra’s Law also makes it mandatory for ignition locks to be installed in the vehicle of any convicted drunk driver. After an individual blows into the ignition lock device, it is able to detect whether that person has consumed alcohol. If the device picks up any trace of alcohol, then the driver will not be allowed to start their vehicle’s ignition.

In signing the bill, Governor Paterson stated, “These are the types of penalties that this state has needed for a long time.”

Continue reading "Leandra's Law Approved: Drunk Driving Penalties More Severe" »

November 11, 2009

Hackers Arrested for Stealing $ 9 Million from Atlanta Based Credit Card Processing Co.

According to an 11alive.com article, an unnamed accomplice and numerous Eastern Europeans have been indicted by a federal grand jury for allegedly hacking into an Atlanta-based credit card processing company (RBS WorldPay) computer network and thieving $9 million. Some of the charges filed in the indictment included:

  • Conspiracy to commit computer fraud

  • Computer fraud

  • Conspiracy to commit wire fraud

  • Wire fraud

  • Aggravated identity theft

In relation to the above charges, the indictment alleges that the group utilized refined hacking techniques to create the data encryption that was implemented by RBS WorldPay to protect customer data on payroll debit cards. Atlanta’s RBS WorldPay and many other companies across the United States use payroll debit cards to pay their employees in which they can withdraw their regular salaries from an ATM.

Continue reading "Hackers Arrested for Stealing $ 9 Million from Atlanta Based Credit Card Processing Co." »

October 23, 2009

Mexico-Based Cartel Bust: New York One of Many Drug Shipment Sites

A report from foxnews.com discusses the recent events of the largest drug bust of the last 10 years conducted by the Justice Department, in which New York State and many other U.S. states were main sites for receiving the shipment of illegal substances. According to the article, over 400 members of an alleged Mexico-based cartel have been taken into custody for charges of distributing tons of methamphetamines, cocaine, and marijuana in the U.S.

Aside from New York, other locations that are suspected of receiving the drug shipments include the cities of San Diego and Los Angeles, and the states of Georgia, Nevada, Arizona, Ohio, New Jersey, Alabama, Colorado, Kentucky, Arkansas, Connecticut, Maryland, Massachusetts, Texas, Missouri, Kansas, Oklahoma, Illinois, North Carolina , Florida , Oregon and Washington.

Apparently, the Drug Enforcement Administration, along with the assistance of more than 100 federal, state, local and foreign law enforcement agencies, spent 20-months investigating the drug ring that is allegedly based in Sinaloa, Mexico. The investigation, referred to as “Operation Imperial Emperor,” led to the seizure of an estimated $45.2 million, 27,229 pounds of marijuana, 9,512 pounds of cocaine, 705 pounds of methamphetamine, 227 pounds of pure methamphetamine, and 11 pounds of heroin. $6.1 million in assets and property was also confiscated, in addition to approximately 100 weapons and 94 vehicles.

Drug trafficking is a serious criminal offense, and although incidents are usually not as widespread as the recent bust of the alleged Mexico-based cartel, these types of cases are some of the most complex. If a person is convicted of drug trafficking, he or she may face spending years in prison, having valuable assets taken away, and paying hefty fines, all in addition to having his or her own personal reputation and relationships compromised.

Continue reading "Mexico-Based Cartel Bust: New York One of Many Drug Shipment Sites " »

September 24, 2009

Georgia Man Was Falsely Imprisoned for 17 Months Due to Mistaken Fingerprints

Fingerprints are considered to be insurmountable evidence. However, in the case of a convicted Georgia man, a routine check of the supposed offender’s identification revealed the huge mismatch: his fingerprints were inaccurately identified as those of a criminal, and he had, consequently, been wrongly incarcerated for 17 months for a robbery that he didn’t commit. The question then is simple: Is $145,000 enough to compensate for a wrongful conviction? Many would believe it is, especially for a period of a mere 17 months. Perhaps it has brought the formerly-guilty-incarcerated-but-now-innocent-and-free man a little sense of justice.

The Georgia resident served 17 long months in Rikers Island, a sentence that still haunts him like a bad dream. According to an article, the man reportedly described it with a relatively jarring perspective. "It's just a nightmare knowing that someone that's innocent can be picked up off the street and held.”

These recent events undoubtedly raise many questions as to how such a false conviction could take place. According to the report, the falsely accused and incarcerated man was in Atlanta, a full 880 miles away from Howard Beach, where the robbery took place. He was arrested for the crime nearly a year after it was committed, when a partial index-fingerprint was supposedly deemed a match to the man’s own fingerprint that had previously been collected in Brooklyn during a traffic violation and arrest for driving with a suspended license.

Continue reading "Georgia Man Was Falsely Imprisoned for 17 Months Due to Mistaken Fingerprints" »

March 18, 2009

New York White Collar Crimes, Modern Crooks “Never Steal Anything Small”

The nydailynews.com website reported in an account on February 10th that today’s modern crooks are the leaders of our financial institutions who have sent the economy into a downward tailspin, thrashing the American way of life with their New York white collar crimes. These glutinous people include types such as incompetent CEO’s and malicious scammers.

Now these government bailed out business are upset that they can only pay their top executives $500,000. They claim that they will not be able to attract top talent. It may behoove them to retract this statement. After all, it took them just a matter of years to bring down corporations and lose many hundreds of billions of dollars, if not more.

According to reports, some of the money was used on executive jets, sumptuous bonuses, and fancy offices.

Continue reading "New York White Collar Crimes, Modern Crooks “Never Steal Anything Small”" »

February 27, 2009

Staten Island Attendent Killed, No Witnesses

The NY Daily News website reported in a story on January 30, 2009 that Mohammad Ishfq Ahmad, 50 was shot and killed at a gas and deli station on Staten Island located on Victory Boulevard. Ahmad had moved from Pakistan to the United States in search of a better life. He was shot in the back near the pumps at the Gulf Station in what appears to be a robbery attempt in this New York violent crime.

Fatally wounded, Ahmad was able to stumble into a neighboring convenience store before he died.

Tompkinsville owner, Zahid Cuaudry said, "He told the attendant to call the police, then he fell to the ground."

Continue reading "Staten Island Attendent Killed, No Witnesses" »

February 25, 2009

Ponzi Scheme Con-Man May Be Freed On Bail

A report on the NY Daily News website dated January 29, 2009 stated that E. Thomas Boyle, Federal Judge, ruled that Ponzi scheme con-man Nicholas Cosmo, 37 can be freed on bail but will have to come up with more money first. Ordering Cosmo back to jail, Boyle stated that he did not believe that Cosmo, aka as “little Bernie Madoff,” was a flight risk.

Boyle said, "Bail must be substantial," and also suggested that Cosmo be placed under intense surveillance. Bail conditions for Cosmo in the $350 million fraud case will be set in a hearing set for next week.

Cosmo fidgeted uneasily in an orange jumpsuit throughout the hearing then sat motionless as the Judge denied his lawyer’s bail proposal.

According to the prosecution, Cosmo duped 1,500 investors out of millions with guarantees of 4% a month in returns on loans to companies in this NY white collar crime case.

Cosmo made bad commodity wagers and lost millions paying brokers $50 million more.

Continue reading "Ponzi Scheme Con-Man May Be Freed On Bail" »

February 23, 2009

Cobb Mother Furnished Alcohol To Step-Son Causing Fatality

The website 11alive.com reported in a story on January 31, 2009 that police will be charging Kecia Whitfield with reckless conduct and furnishing alcohol to a minor. Garrett Reed was among those consuming the alcohol that, in the end, was a direct cause for the car accident that killed him. Authorities concluded after their investigation that Whitfield bought alcohol for her stepson along with several others including minor Garrett Reed.

Authorities claim Reed consumed the alcohol and got behind the wheel of a car when he hit another vehicle at high speeds. Reed crashed into Richard Reyes, 25, killing Reed and sending Reyes to the hospital with leg injuries. Police believe high speeds along with alcohol were the cause of the fatal accident. Reyes remains at the hospital with leg injuries and is in stable condition.

Bond for Whitfield was set at $10,000 in this non-violent crimes case.

Continue reading "Cobb Mother Furnished Alcohol To Step-Son Causing Fatality" »

February 20, 2009

Queens Man Who Killed Dentist Identified

The NY Daily News website reported in a story on January 28, 2009 that two police reports show that murder victim Daniel Malakov had been involved in a heated argument with Mikhail Mallayev, 51 and another nameless Russian man a day before Malakov was murdered. Police allege that a Queen’s mom employed Mallayev to kill her husband, who was a dentist, because of an ongoing custody battle over a 4 year old daughter.

Steven Scaring, attorney for Mazoltuv Borukhova, 34 and wife, vehemently requested the police reports to attempt to assist police in tracking down the “real killer.” Borukhova is alleged to have paid Malayev $20,000 to murder her spouse in this New York violent crime.

Continue reading " Queens Man Who Killed Dentist Identified" »

February 18, 2009

Athens-Clarke County Man Accused of Killing 3 Siblings

The 11alive.com website reported a story on January 29, 2009 that David Latimer, 52 has been taken into custody after police found three people dead in what appeared to be a shooting. Mike McKeel, Athens-Clarke Police Lt., said Latimer shot his two sisters and brother to death. The shootings took place at a mobile home park located on Spring Valley Road. The victims were identified as Janice Carol Patterson, 57, Thomas G. Latimer, 49, and Sara Kathleen Tatum, 57. Police said no motive was given for this seemingly senseless Georgia violent crime.

There are various types of homicide, which in the United States carry with them different penalties and consequences.

Continue reading "Athens-Clarke County Man Accused of Killing 3 Siblings " »

February 16, 2009

Rikers In-House Jail Beatdown Kills Man

The NY Daily News website reported in a story on January 29, that 10 inmates described as thugs were charged with the deadly beat down of Rikers inmate Christopher Robinson, 18, who had been jailed for a parole violation. The inmates are accused of being in a jail club known as “The Program.” Shaddon Beswick and Anquant Bryant, each 18, were charged with manslaughter in linking them to Robinson’s death.

Charnel Robinson, mother, said, "It’s absolutely horrible to know that I'm living here every day without my only child."

Sanford Rubenstein, Robinson’s attorney, requested a federal investigation into the incident to find out whether the killing was an “isolated incident” or an indication of a system-wide abuse.
Prosecutors said a city investigation into Robinson’s death in this NY violent crime exposed that correction officers at Rikers jail united forces with a group of inmates in order to keep order.

Continue reading "Rikers In-House Jail Beatdown Kills Man " »

February 13, 2009

Spitzer Hooker Ring Boss In Scandal Sentenced

The NY Daily News website reported on January 30, 2009 that Cecil (Katie) Suwal, 24 was sentenced to 6 months in prison for assisting her boyfriend, Mark Brener, 63, in laundering illegal money and signing up call girls for the hooker ring Emperors Club VIP. This is the call girl company that ex-Governor Eliot Spitzer was connected to, which led to his downfall in this New York sex crime.

Barbara Jones, Federal Judge, noted that Brener, who was seen as Suwal's mentor, had tight control over her. Jones rejected prosecutors’ recommendations of a lengthier sentence.

Alberto Ebanks, Suwal’s lawyer, stressed the Judge's argument by pointing out that Suwal has a tattoo on her body that says “Property of Mark Brener.”

Continue reading "Spitzer Hooker Ring Boss In Scandal Sentenced" »

February 11, 2009

Harlem Neighbor Shoots Teen Over TV

The NY Daily News website reported in a story on January 29, 2009 that Rodney Lewis, 17 was shot to death by his neighbor who did not want to return a television he had borrowed.

Authorities allege that Cloves Roche, 26 was confronted by Lewis to return the 32 inch television he had borrowed. The confrontation quickly escalated from words to punches in the fourth floor hallway of the Woodrow Wilson Houses located on E. 105 St. Roche ended the fight with two gun shots, one to the leg and one to the stomach in this NY violent crime case.

Yolanda Lewis, mother of the victim, lives a floor above her son's suspected murderer said, "He went to get one of his cousin's television back. No one in their right mind is going to kill somebody over a TV. I didn't expect Rodney to go out this way."

Lewis, who attended The Manhattan School for Career Development, was rushed to Metropolitan Hospital, but was tragically pronounced dead shortly after arriving.

Continue reading "Harlem Neighbor Shoots Teen Over TV" »

February 9, 2009

New York Gambino Crime “Executioner” On Trial

The NY Daily News website reported in a story on January 30, 2009 that Charles Carneglia is being accused of five murders in New York City. Marisa Seifan, Assistant United States Attorney, accused the alleged Gambino crime family hitman as being an “executioner” who murdered when he was ordered to or “felt he was disrespected.”

Carneglia sat motionless, eating gum in a courtroom packed with court officers and relatives of victims. Murdered victims in the NY violent crime case were the Court Officer Alber Gelb, an armored car driver, a gangster, and two alleged mob contacts.

Seifan said, "The defendant was an executioner. He chose murder as a way to punish Gelb for daring to stand up to a mobster. To the defendant, killing a court officer was a badge of honor." Gelb was shot in 1976, four days prior to him testifying against him in court. Dennis Quirk, State Court Officers President, came to the Brooklyn court with more than 60 officers looking for justice.

Quirk said, "He [Carneglia] is an animal. He belongs caged."

Continue reading "New York Gambino Crime “Executioner” On Trial " »

February 6, 2009

Harlem Crack Supermarket Shut Down By Cops

The NY Daily News website reported in an account on January 29, 2009 that police had arrested 17 people for dealing drugs at a seven story apartment building located at 135 Hamilton Place. According to officials they sold crack at all times from the grand building. Police claim that the boss was so bold that he even posted rollerblading videos on YouTube.

One tenant said, “I was afraid even to look out the window at the crackdown. I'm glad to have my building back."

Boschi (Bloodie) Pope, 22 is the alleged dope gang leader, who according to authorities, ran the gang from Rikers Island Jail. Authorities were able to tape incriminating conversations. Prosecutors say the tapes allegedly contain Pope’s voice instructing his girlfriend, Tiffany DuBois, 21 on how to restock the gang’s crack stash. DuBois, the mother of Pope’s child, was also arrested and put in the position of needing a skilled NY drug crime defense lawyer.

Continue reading "Harlem Crack Supermarket Shut Down By Cops" »

February 4, 2009

Brooklyn Raids Find Fakes And Realistic Toy Guns

A report from the New York Daily News website on January 30, 2009 reported that Fu Xian Bao, 48 and Xiao Ping Luo, 41, both of Brooklyn, were arrested on charges of trademark counterfeiting, counterfeiting and other charges, and are facing up to 15 years in prison for their white collar crime.

Charles J. Hynes held a press conference at the warehouse of Ya Mei Trading and Wholesale, at 537 Johnson Avenue in Bushwick Brooklyn. He announced the results of a raid on a Brooklyn warehouse that produced an estimated $10 million worth of counterfeit goods, including worryingly realistic looking toy handguns, thus resulting in the need for a New York crime defense attorney.

Fake Chanel, Disney, and Yankee gear overflowed much of the two story warehouse. Without question, it was the toy guns and dangerous electrical items that troubled investigators the most. According to Hynes, a defective extension cord started to smoke when an official plugged it in.

Continue reading "Brooklyn Raids Find Fakes And Realistic Toy Guns" »

February 2, 2009

Bronx Women Gets 15 Years For Dumping Baby

The NY Daily News website reported in a story on January 30, 2009 that Lucila Rojas, 27, was sentenced to 15 years in prison for killing her newborn son. Apparently, Rojas, a Bronx resident, is accused the violent crime of smothering her infant son on a city bus, then disposing of the body in a sidewalk trash can.

Richard Buchter, Queens Supreme Court Justice, said "You've expressed some remorse. I can only infer from the monstrosity of this crime that it is weighing on your soul.”

Continue reading "Bronx Women Gets 15 Years For Dumping Baby " »

January 23, 2009

Arizona Case Sheds Light on what a Police Officer may do at a Roadside Stop

On December 8, 2008, the U.S. Supreme Court heard opening arguments in a case that may have long-term implications for drivers nationwide. The matter in question, Arizona vs. Johnson, pertains to whether or not a police officer has the authority to pat down a driver in search of weapons -- even if the driver is under no suspicion of committing or preparing to commit a crime.

The Supreme Court has struggled for nearly a century to determine how officers and drivers should interact at roadside stops. In 1925, the High Court decided a landmark case that diminished the scope of the "right to privacy" in the special case of automobile stops.

The constitutionality of a traffic stop usually hinges on interpretations of the Fourth Amendment. Previously, the court has had top grapple with how to treat drivers stopped for long periods of time, drivers found with suspicious items, and drivers in possession of weapons or firearms in compartments. Although the court has over the years tried to elucidate clear and easy-to-follow rules for how police and drivers should interact, this project has met with mixed success, to say the least.

Continue reading "Arizona Case Sheds Light on what a Police Officer may do at a Roadside Stop" »

January 5, 2009

Long, Twisting Case Involving Al-Qaeda Operative Takes New Turn

In the weeks following the 9/11 attacks on New York and Washington, President George W. Bush and authorities at the Pentagon developed new legal procedures to deal with captured individuals associated with the international Al-Qaeda terrorist network. One of the most interesting test cases for these new rules involved a man named Ali Saleh Kahlah al-Marri, a native of the country of Qatar, who came to the United States on September 10, 2001, along with his family, ostensibly to study at Bradley University. Soon after the attacks, on suspicion from investigative government agencies, al-Marri was arrested and later indicted as an enemy combatant. He was sentenced to military detention for the federal crime of terrorism and for his role as a sleeper agent for the terrorist network. The prosecutors charged that al-Marri had met with Osama bin Laden, trained at Al-Qaeda facilities in Afghanistan, and had been planning a potential cyanide assault on United States banks.

At issue has always been how the al-Marri case should be handled. In 2003, under the direction of the president, al-Marri was ordered to be held in isolation. The defendant's counsel, a lawyer affiliated with the American Civil Liberties Union, argued that holding his client indefinitely at a military facility was unconstitutional, according to the Bill of Rights. Arguments on both sides of the case discussed questions of national security, privacy, and the limits of presidential authority. The Supreme Court's ruling on the matter will likely be seen as a potential sea change in how the justice system construes the nature of terrorism.

Finessing a defense to a federal criminal charge can be tough, even if you're not directly indicted by the President of the United States. The federal government can bring a tremendous amount of resources to bear, and defendants must be prepared to battle tirelessly to get protections due to them under the Constitution. Conaway & Strickler, P.C., one of the most experienced and successful criminal defense firms, can provide a free no-obligation consultation for you about your federal defense matter. Get in touch with one of our representatives today at ny-federalcrimeslawyers.com or by dialing our offices here at (888) 883-9091.