Tuesday, July 23, 2013

Sentencing for Mail & Wire Fraud Conspiracy Argued by Criminal Lawyers

When sentencing for mail fraud and wire fraud conspiracy is argued by criminal lawyers there are complex issues that can be raised in building a good defense. In a recent mail fraud and wire fraud conspiracy case, USA v. Juncal, criminal lawyers brought up an interesting but important issue in intended loss versus actual loss.

The mail fraud and wire fraud conspiracy involved 4 defendants trying to lure a broker into financing an imaginary Siberian oil pipeline. The 4 defendants were attempting to borrow 3 billion dollars from a hedge fund. 

Sentencing by the District Court

All defendants in this federal case were found guilty of mail fraud and wire fraud conspiracy. Each received a sentence of 20 years in federal prison plus 3 years of supervised release.

Mountain of Evidence for the Mail and Wire Fraud Conspiracy

In building their case, the prosecuting attorney and FBI had inside informants, recorded conversations, emails, documents, and the defendants had even admitted to their crimes. The mountain of evidence and admittance of guilt on attempted fraud was enough to make any criminal lawyer cringe. However, when there is absolutely no way of proving innocence, criminal lawyers must show the unique circumstances and characteristics of the case and the defendants to compel the judge to diverge from the federal sentencing guidelines. Criminal lawyers must show how unreasonable a sentence is in light of the true nature of the crime committed or attempted.

The Appeal

The defendants appealed the sentencing and conviction for mail fraud and wire fraud conspiracy. The criminal lawyers argued in the appeal that no reasonable investment professional would have believed such an absurd story and that every bank must engage in due diligence and investigate a potential client when applying for a loan.

The brokers did, in fact, admit to bursting into laughter, when sharing the applicants information with his colleagues. The defendants were trying to pass off as wealthy bankers consisting of a coalition of Buryatian nationals and Yamasee tribesmen using AOL email accounts and obviously doctored copies of T-notes to be used as collateral for 5 billion dollars. A simple Google search by the broker revealed the Yamasee tribal confederation had broken up in the 18th century. Even the terms of the proposal were comical as it promised the lender 14 billion dollars in profit over 5 years.

Criminal lawyers demonstrated well in the appeal that there really was no real victim and the conspiracy to defraud involved no actual loss or even probable loss. The District Court treated the conspiracy as a multi-billion dollar fraud, without taking into account the total circumstances of the case, which led to unfair sentencing for this particular mail and wire fraud conspiracy.

The criminal lawyers were successful in showing the sentences imposed on the appellants were excessively unreasonable. Today, July 23 of year 2013, the judge ruled in favor of resentencing to take into account all the factors of the mail and wire fraud conspiracy case and directed the District Court to not impose sentences greater than necessary. Top criminal lawyers from LibertyBell Law Group applaud the judge in taking action to reduce the sentence for the 4 defendants.

Monday, July 15, 2013

Criminal Lawyers on Fraud Defense

LibertyBell Law Group Criminal lawyers deal with bank, mail, and wire fraud the most. In building a defense, criminal lawyers often use the same underlying theory. The most common defense for fraud criminal lawyers use is the client acted in good faith. Criminal lawyers use the good faith defense to show an absolute absence of fraud to prove the client's innocence.

Using the good faith defense for bank, wire, and mail fraud by criminal lawyers has been treated differently by the courts in the way they give jury instructions. LibertyBell Law Group's criminal lawyers know the unique characteristics of the courts and their differing opinions. They know that in some courts they must prove good faith beyond a reasonable doubt. They also know that in some other courts they must prove that not only did the client honestly believe the investment would be successful, but also that the client did not intentionally misrepresent earnings or the customer base.

This leads us to another fraud defense used by criminal lawyers, which is criminal intention was not owned by the client but rather by a third party, business partner or employee who is also a decision maker. Criminal lawyers most often term this as the "innocent decision maker", though some courts do not accept this defense for fraud.

A good fraud defense involves criminal lawyers proving an absence of intent to defraud, absence of negligence, and absence of recklessness. The prosecuting attorneys must prove actual knowledge of fraud being committed. LibertyBell Law Group criminal lawyers show that the mental state of the client had no intent to deceive, manipulate or defraud.

It takes great skill and expertise to find and use evidence in each particular fraud case supporting a winning defense. The theory is not in itself of much surprise or importance as the actual evidence and arguments made by criminal lawyers in defense against fraud. In fact, most criminal lawyers use the same defenses, but the way in which they conduct investigations, present evidence and arguments, and interrogate witnesses among other tactics can vary significantly depending on their own individual abilities and resources.

Top criminal lawyers have a wealth of resources and work on a team of attorneys and experts and together they dissect and piece together a winning fraud defense. The best criminal lawyers, like those from LibertyBell Law Group, are known for the winning case results and are well respected by judges, clients, and other attorneys.

Tuesday, July 9, 2013

Criminal Lawyers Hail New Drug Possession Laws in California

Criminal lawyers are crossing their fingers for changes to drug possession laws in California. The new law, SB 649, would allow prosecuting attorneys to use discretion in charging drug possession as either a felony or misdemeanor. Legislators and criminal lawyers alike are hopeful in that prosecutors will opt to a misdemeanor, instead of a felony, for drug possession when a defendant has no prior criminal history and is non-violent.

Criminal lawyers from LibertyBell Law Group who day in and day out represent violent and non-violent defendants on the full range and degrees of crimes, know first hand that most charged with drug possession need drug treatment, not incarceration. In agreement with Senator Leno, criminal lawyers uphold that drug treatment for simple drug possession makes not only fiscal sense but common sense in treating drug addicts.

Currently in California, drug addicts are charged with a felony for drug possession of cocaine, opiates, heroin and other drugs and are thrown in prison. They never receive the drug treatment they need. Upon completion of their prison sentence, they are released back into the community, and because of the felony on their record they have very little chance of finding a job, and are also not eligible for any government assisted programs such as housing, student loans and more. Criminal lawyers speculate that because they never receive drug treatment when released the addicts are likely to be charged again with another felony for drug possession. In essence, it's easy for someone charged with a felony drug possession to cycle in and out of prison.

SB 649 is a positive and much needed change to existing drug possession laws that have not eradicated any problems but rather encouraged problems. Criminal lawyers know that prisons can have a dramatic and debilitating long term impact not just on the individual but also on their loved ones. LibertyBell Law Group's expert criminal lawyers work very hard every day to save people from the awful life circumstance of having to go to jail or prison. Numerous cases are won every day that give people a life to live outside of a grim 6 feet area adjacent to unwelcoming criminals.

Tuesday, July 2, 2013

Prosecutor Fired After Trying to Win at All Costs, Even Lying

The prosecuting attorney in a murder case, in Ohio, was fired after his superiors found out he created a fake Facebook profile to dissuade the witnesses going to be used by the criminal lawyer for the defendant. The criminal lawyers had notified the prosecutor, Aaron Brockler, that their witnesses had alibis placing the defendant on the other side of town when the murder occurred.

The prosecuting attorney was so intent on winning and convicting the defendant for murder, he broke Ohio law, which states that an officer of the court "shall not knowingly...make a false statement of material fact or law to a third person." After making a fake Facebook profile, the prosecutor "friended" the alibi witnesses and lied by telling them he had a child with the defendant and was the ex-girlfriend. Both witnesses, angry at the news, detracted their wanting to give testimony for the defendant.

Criminal lawyers that must deal with prosecutors all the time in defending their clients know that you must be very careful with prosecutors. In the end, prosecutors are human beings that can be swayed by their own personal motivations and undercut the rules of the court. Top criminal lawyers also know they must keep a very watchful eye on prosecutors and track every step and move they make.

Criminal lawyers from LibertyBell Law Group work with top investigators and experts and together they form a strong shield of protection around their clients and witnesses. Our criminal defense law firm is composed of the top criminal attorneys in the country who pool their knowledge, resources, and expertise for each individual case in building winning case strategies.