The President of the United States in his State of the Union address, directed the Attorney General Eric Holder to begin a new push to investigate and prosecute mortgage fraud. While there has already been an increased number of prosections in recent years of mortgage fraud cases, this new initiative promises bring even more. These are highly complex cases which will require extensive investigation and may take a little while before we see an increase in the number of cases brought before the courts. Standby.
Sentencing Commission reviews mandatory minimums
The United States Sentencing Commission has submitted a 645-page report to Congress outlining the impact of the statutory mandatory minimums on sentening in federal courts. When all is said and done, the Commission believes a return to a strict following of the Federal Sentencing Guidelines will best serve the purpose of sentencing.
The report recommends that Congress review and rethink certain statutory recidivist provisions and possiblily extend the "safety valve" provision to other low-level, non-violent offenses which carry mandatory minimums.
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Supreme Court Justice Antonin Scalia - "Too many judges..."
Today, as reported by the AP and carried live on the C-Span network, when Associate Justice Scalia testified before a Senate committee he stated there are too many judges because Congress has made too many Federal crimes out of too many routine drug cases.
Too true! Many of the drug cases prosecuted in Federal Courts (across the nation) these days should be prosecuted in State court or not prosecuted at all. There was a time when the standard for bringing a federal drug case involved multiple kilos of whatever controlled substance was seized. Now, it seems as though medical marijuana providers are being prosecuted in federal court because of a state's constitutional provisions for legal use of medical marijuana. In this multicultural, multidimensional society one size does not fit all. If the citizen's of a state have decided among themselves to pass a constitutional provision which allows for the medicinal use of marijuana, that should end the matter. Congress should not try an override the State's decision. Either there is too much government interfering in the private lives of citizens or there isn't. The lawmakers cannot have it both ways. (These comments were mine and not Justice Scalia's).
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Children's Online Privacy Protection Act (COPPA)
In a step to strengthen the laws designed to protect children who surf the internet, the Federal Trade Commision on Wednesday submitted a proposal to the US House of Representatives' Commerce Committee which includes, among others, a provision to expand the restriction on the collection of personal information, such as, email addresses, instant messages and screen names, to also include geolocation information and IP addresses.
The provisions discussed are aimed at protecting children under the age of 13 from the large operations targeting children with commercial ads which use the information gathered to formulate a more focused ad campaign. However, one side benefit will be the protection from sexual predators who target children with the information gleaned from social media sites like Facebook and Twitter.
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Youth pastor charged with sex offense
A 22-year-old Colorado youth pastor has been charged with a sex offense against a 14-year-old girl. After a two month investigation, the young man was fired from Gateway Christian Church in Colorado Springs, because of the alleged sexual assault.
Over the course of the last three months, the man purportedly had "constant contact" with the teen that he is accused of assaulting. The pair apparently exchanged thousands of text messages and phone calls. However, text messaging in and of itself isn't completely unusual in an age ripe with technology and a generation of teens who do not communicate otherwise. Adults who work with youth often become fluent in text messaging in order to stay connected with the young people they mentor.
Local Habitat for Humanity apparent victim of fraud
The Eagle, Colorado office for Habitat for Humanity has hit the news -- but it's not for the organization's well-known humanitarian work. It is reportedly the victim of a fairly sophisticated fraud scheme by the non-profit company's former construction manager. Sadly, it was his responsibility to ensure that Habitat wasn't taken advantage of by "unscrupulous contractors."
The domino effect of crime began in June 2008. A local man's trailer was stolen from his business. Three years later the trailer resurfaces when he found it on sale -- at an outlet store owned by Habitat. The man's trailer was immediately returned to him. However, that is when things took a fishy twist.
Camp counselor accused of sexual assault
A young man has been jailed in Colorado on two separate counts of sexual assault. The man is accused of sex crimes against two children, whom he was watching over as a counselor. Police claim the assault incidents happened at Camp Redcloud in Colorado.
Originally from Wyoming, the 18-year-old is being accused of sexual assault based on the accusations of a 10-year-old and 11-year-old. The official charges against him are two counts of sexual assault by a person in a position of trust. According to a friend of the accused, this crime is shocking because the man had been at the camp the year before as a participating youth. This year, he returned as a counselor.
Colorado Springs man charged with indecent exposure
Within the parameters of Colorado law, most sexual offenses are taken very seriously. However, the mother of a woman who was subjected to indecent exposure believes law enforcement officials are not doing enough to deter her daughter's assailant. She believes the man should be behind bars and is concerned that his propensity for sexual crime could soon escalate into sexual assault.
In August, a 30-year-old man from Colorado Springs was charged with indecent exposure after he allegedly entered a 7-Eleven where the woman's daughter was working. Reportedly, the man began making lewd gestures toward the 23-year-old daughter. He subsequently purchased a bottle of water and proceeded to pull down his pants and fondle himself. About an hour after the alleged incident, a customer helped police officers detain a man and the victim was able to identify him.
Fraud claimed against Colorado stock club organizer
Fraud charges have been brought against the organizer of a Jefferson County stock investment club started in 2006. The Colorado Division of Securities, in coordination with the Lakewood Police Department and the Jefferson County District Attorney, claim the man defrauded 22 investors. It is alleged between October 2006 and June 2008 investors lost $196,000 due to the fraud. After posting $50,000 bond, the man was released from jail.
The media accounts offer little insight into what actually happened. The club by-laws supposedly required members to agree on purchase of new stocks or any changes to their existing portfolio accounts. The man is said to have unilaterally changed the by-laws, but no details were given as to how this was accomplished or what the changes provided. It is also said he began making all investment decisions without consent of the members. Finally he is accused of establishing several "shell" companies, which he allegedly used to siphon off funds from the club.
Dougherty gang captured in Colorado
Criminal defense for allegations of violent crimes is important not only for those accused, but for all Colorado citizens. All of our nation's citizens are protected by basic constitutional rights. Those rights are never more vital than they are to someone facing a substantial prison term, or worse. At a time when preliminary reports of a crime spree garner the attention of the public, the role of a criminal defense attorney is to take a careful look at each aspect of the investigation and subsequent charges.
On August 10, two brothers and a sister dubbed by the media as the "Dougherty Gang" were arrested in Colorado. They were hunted nationwide for purportedly shooting at a police officer in Florida after a high-speed chase. They are suspected for later robbing a bank in Georgia. It was during the robbery that reports state that the suspects fired a machine gun into the bank's ceiling.
