Denver CO Criminal Defense Attorney Blog

New push at federal level to prosecute mortgage fraud.

2012-01-25T03:52:43Z

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

2011-11-01T15:23:40Z

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.

Supreme Court Justice Antonin Scalia - "Too many judges..."

2011-10-05T20:07:45Z

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).

Children's Online Privacy Protection Act (COPPA)

2011-10-05T18:59:22Z

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.

Youth pastor charged with sex offense

2011-10-01T12:05:16Z

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.

]]> The church that the pastor was working for at the time of the incident stated that they felt after they received the reports of the allegations against the young pastor, they had to relieve him of his duty. They stated that they could not and would not be able to tolerate misconduct of one of their ministers in the service of their community. The man was ultimately sentenced to two months in jail, sex offender intensive supervised probation for the next 10 years-to-life and is unable to have any leading duties in any religious organization unless and until a court determines it appropriate.

Although this man was charged for his alleged sex offenses and ultimately sentenced, it is important for anyone in our state facing similar criminal charges to take advantage of their rights to an attorney and the right that they are innocent until proven guilty. Sex offenses and other types of criminal charges can have some very steep consequences. Seeking out an experienced attorney may be the best avenue to take in order to protect inherent rights and to assist in reaching an amiable ending to the court proceedings that are sure to follow.

Source: The KKTV News, "Youth Pastor Sentenced For Sexual Assault," Sept. 9, 2011

Local Habitat for Humanity apparent victim of fraud

2011-09-23T17:40:51Z

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.

]]> Upon investigation, police discovered the Habitat office had actually bought the trailer for $6,000 from a company called "Encompass," operating out of another Colorado town. Encompass was found to be a bogus company. The company was allegedly linked to a bank account in the construction manager's name. The man also was linked to an additional false company.

Preliminary investigations indicated that both "companies" were being paid for homes that were being built in Eagle. Sadly, the money was traced to the construction manager's bank accounts and none of the money was utilized for Habitat projects.

The construction manager has subsequently been removed from his job. He is charged with stealing over $100,000 from Habitat. He was arrested on a charge of felony theft and is at present, free on a bond of $100,000. If convicted, he could very well spend time in prison, in addition to other penalties.

The negative publicity as well as the prospect of spending time in prison is a degrading hardship. Anyone charged with a white collar criminal offense such as this one, would be well-advised to retain legal counsel, particularly one whose practice is dedicated to criminal defense.

Source: The Post Independent, "Man hired to protect Habitat for Humanity from fraud arrested for stealing $100,000 from the organization," Randy Wyrick, Sept. 06, 2011

Camp counselor accused of sexual assault

2011-09-14T02:28:07Z

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.

]]> The leaders of Camp Redcloud released a statement saying there are thousands of children that attend the camp each year. They said it is unfortunate that the "selfish" events allegedly happened there, but they will not be defeated by them. They also say that they will continue to advance their ministry and help children and families enjoy the positive and life-changing experiences that they gain while at the camp.

The accused man is set to return to court in a few weeks, giving him time to find good counsel that will help him understand his rights and of the sex offenses that have been raised against him. His attorney will be able to assist him to understand the laws concerning sexual assault. The right attorney will help him overcome the mental burdens of trial by passing down their knowledge of the law.

Source: WWMT News Channel 3, "Kent County man accused of molesting children in Colorado," Aug. 31, 2011

Colorado Springs man charged with indecent exposure

2011-09-09T07:10:49Z

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.

]]> Later in the month, the same man was arrested on a second charge of indecent exposure and a subsequent victim told police that he had confronted her on the street before exposing himself near West Colorado Avenue. The man appeared before a judge and was charged with obstructing a police officer, criminal impersonation and two counts of indecent exposure. His bond was set at $1,000. The mother of the first victim believes the low bond will make it easier for the man to get out of jail and given his criminal record, he should remain detained.

The defendant in this case is already serving probation for sexual contact without consent. As such, it seems reasonable that recent victims would be concerned that his indecent exposure could escalate into sexual assault. Nonetheless, Colorado laws maintain that indecent exposure is considered a misdemeanor, thereby limiting official capacity to keep the man in jail.

It goes without saying that current legislation is in place to protect people who fall on both sides of the law. Nonetheless, the man involved in this case has a prior criminal record and may find himself on a slippery slope to stiffer charges. Whether charged with sexual assault or a misdemeanor sexual offense, individuals who stand accused will likely find benefit in seeking the aid of legal counsel. In cases like this, where the public pushes for harsher sentencing, qualified legal counsel may be able to help the accused maintain perspective.

Source: KRDO, "Flashing Suspect Caught In West Colorado Springs," Scott Harrison, Aug. 25, 2011

Fraud claimed against Colorado stock club organizer

2011-09-02T20:39:35Z

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.

]]> The allegations made public are general and do not provide sufficient information to understand the workings of the club. The proof is in the pudding, and the man remains innocent until proven otherwise. Nevertheless, he will now find it necessary to confront the charges with a vigorous defense, to avoid harsh consequences. All of the records and transactions will need to be reviewed in detail with the intention of answering the government charges. A Colorado attorney well versed in helping people defend charges of fraud may assist in mounting a defense aimed at reaching a just conclusion.

Source: The Denver Channel, "Lakewood Man Indicted On Securities Fraud Charges ," Alan Gathright, Aug. 15, 2011

Dougherty gang captured in Colorado

2011-08-27T12:16:16Z

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.

]]> Early reports indicated the three may have been headed to Colorado, and claimed sightings at a Wal-Mart and REI in southern Colorado fueled the intrigue. Unconfirmed reports indicated that the three crashed their car after a police chase; at times reaching speeds of up to 100 mph. All three were captured by authorities.

Whether or not all three suspects are guilty will need to be decided in a court of law. However, it is important to recognize the individual facts of each allegation must be considered as they may or may not apply to each individual defendant. The penalties for the crimes they are accused of are very severe. A Colorado attorney with a background in defending allegations of violent crimes may prove to be an invaluable asset in their defense.

Source: The Online News Website, "Dougherty Sibling Criminal Gang Caught In Colorado," Hannah Godean, Aug. 10, 2011

Colorado business cited for fraud and professional wrongdoing

2011-08-20T11:32:28Z

Most people place high levels of trust into the hands of medical organizations. For the most part, businesses that operate for the betterment of societal health are honorable and upstanding. However, recently a Denver company, Heart Check America, was charged with fraud, and closed its doors in the wake of record-breaking fines instated by the Colorado Department of Public Health and Environment. The incident has left some people wondering if it's possible to unknowingly commit fraud out of the simple desire to help people.

Heart Check was a medical imaging company that performed x-rays and medical scans of patients. The Department of Public Health in Colorado cited the company for nine violations of laws designed to regulate radiation controls.

]]> Reports state that Heart Check employees conducted scans of patients without physician supervision or referrals. The company also supposedly kept poor records and did not provide employees with adequate training.

Complaints made by patients indicate that the company offered diagnostic screening packages but not provide diagnosis for any of the scans. However, reports do not state whether or not the packages that were purchased included a diagnosis.

The business closed the doors of its Denver location in April of this year. The company's website has been shut down, and equipment will be auctioned off later this month. The company has 30 days to respond to the complaint or submit an appeal for the imposed fines.

Heart Check America was providing what it deemed a valuable service for consumers, but unfortunately the company must now be held accountable for its alleged errors. Business owners facing allegations of non-compliant record keeping and fraud may benefit from the aid of qualified legal counsel to help with negotiations or before entering into litigation.

Source: Reuters, "Colorado fines closed medical imaging company $3.2 million," Keith Coffman, Aug. 9, 2011

Colorado man faces criminal charges for snowballed crimes

2011-08-10T11:54:23Z

Sometimes a person gets in over their head, and becomes uncertain of where to turn next. One thing leads to another and before they know it, their circumstances have snowballed out of control. A Greeley Colorado man is facing these very concerns following criminal charges of vehicular homicide.

Two years ago, the man crashed his motorcycle, and his female passenger was killed in the accident. One year later, he was charged with vehicular homicide. Unfortunately, his circumstances and his choices from that point forward have landed him in even more legal trouble today.

]]> The man now faces drug charges after undercover officers confirmed he was distributing methamphetamine. He was charged in six cases that involved around $20,000 worth of the drug. During his court proceedings, he was sentenced to 48 years in prison as a result of the vehicular homicide charge and criminal charges for the drug operation.

The judge in the case reported that he believes the sentencing laid out in court is completely fair given the circumstances of the case. However, it was clear that the 41-year-old man was remorseful. As he sat in his wheelchair during the court proceedings, he kept his eyes cast downward and simply wrung his hands as he listened.

The man remained quiet except when he apologized to the family of the woman who died in the motorcycle accident, and to his own family. The man's defense attorney told reporters that the only thing he was a guilty of was making a horrible and tragic decision that snowballed into a series of poor choices. The man reportedly told his attorney that he had ruined his life and that he would accept responsibility for his actions.

The catalysts behind criminal convictions in Colorado can vary. And it's safe to say that some people commit crimes without remorse or thought for others. However, in the case of this man, remorse is obvious in the way he faced his criminal charges. The efforts of a qualified defense attorney provided him a fair day in court.

Source: The Tribune, "Greeley man gets 48 years for drug cases, vehicular homicide," Sharon Dunn, July 27, 2011

Criminal defense leads Feds to suspend subpoena

2011-08-02T11:45:09Z

Criminal defense in Colorado many times involves more than simply representing those accused of a crime. Often, a potential witness may require legal representation, whether or not they are charged with a crime. Subpoenas are used at both the federal and state level to compel testimony before a grand jury. Willful noncompliance may require a criminal defense in and of itself.

A federal grand jury in Denver is investigating a claim of witness-tampering, and has issued a subpoena requiring the testimony of a former weekly columnist for the Aspen Times. The subpoena was served on the writer at his Aspen home on July 13 by members of the Drug Enforcement Association and the Two Rivers Drug Enforcement Team.

]]> On June 27 the newspaper reported on an e-mail received by the writer and 7 others/ The contents of the e-mail contained the photo of an alleged confidential informant for the DEA and stating in its' subject line. "contract is out.... I'm offering $2 for the skin, dead or alive." The subpoena seeks the full content of the e-mail, the computer hard drive on which it was received, and the IP addresses used to receive the e-mail and from where it was sent.

Three lawyers versed in media rights and free speech issues are representing the writer pro bono. The Aspen Times also has agreed to cooperate in fighting the subpoena. For now, the U.S. Attorney's office in Denver has agreed to withdraw the subpoena to give both sides the opportunity to discuss the issue.

The writer who was served with the subpoena believes it is in retaliation for an article he published in the Aspen Times Weekly on May 29, in which he criticized the DEA for acting as if they were on a "mission from God."

Subpoenas served in Colorado are an important aspect of criminal defense, as well as a valuable tool for the government in investigating and prosecuting its cases. However, it is also important to guard against abuse of process. When a reporter is served with a subpoena seeking confidential source information, important legal issues arise. The law in this area is complicated and, at times, seems contradictory. An attorney experienced in criminal investigations and litigation may be of assistance.

Source: The Aspen Times, "Feds suspend Cleverly subpoena," Rick Carroll, 20 July 2011

Child sex crimes alleged against former Jefferson County teacher

2011-07-29T08:35:35Z

Sex crimes, and in particular the exploitation of minors, are serious matters. In Colorado and elsewhere, our newspapers and other media regularly report arrests and convictions of such incidents.

The stigma of the criminal charge itself, whether or not it is true, is life changing. One moment a person is a respected teacher at a local school, and in the next his mug shot photo proclaims that he is accused of sex crimes. Prison, fines and mandatory sexual offender registration are all distinct possibilities for those convicted.

]]> A former middle school teacher was arrested in Jefferson County this month and charged with two counts of Internet Sexual Exploitation of a Child, a felony. Police claim the defendant was chatting on the Internet with someone he apparently believed was an underage girl. No specifics were provided in initial press reports other than the man was arrested for his "activity" in the chat room, presumably with a police decoy pretending to be an underage child. He resigned from his 8th grade teaching position, which he had held for two years.

No students at the school were involved in any of the charges.

Confronting sex crime charges is not easy. A defendant must have the emotional fortitude to withstand the immediate attack on his or her reputation, particularly from those that will assume guilt simply by the fact of the arrest. As with every other criminal allegation in Colorado and throughout our country, the defendant is presumed innocent unless and until there is a conviction based on the charges. An attorney knowledgeable in the criminal defense of sex offense charges may be a useful resource throughout the legal process.

Source: KVOA, "Former Marana Middle School teacher arrested for child sex crime," 19 July 2011

Welcome to Our Colorado Criminal Defense Blog

2011-07-08T10:58:42Z

When you are facing criminal charges, an experienced and confident lawyer can be of great assistance and look out for your rights. Colorado's legal system can be confusing and intimidating, with a unique set of rules and a language of its own. An attorney who understands the law and the process can help you evaluate your options and make the right decisions during this tough time in your life.

At the Law Office of David L. Owen, Jr., P.C., we zealously assist clients throughout the Colorado area who have been accused of committing a wide range of crimes. After defending clients in state and federal court for more than 20 years, we know how to quickly determine the next step in your criminal case. Whether it is in seeking dismissal of charges, building a solid defense for trial or negotiating the best possible plea agreement, our firm will represent you in a professional yet aggressive manner.

Our Criminal Defense Blog

We established this blog to provide valuable information to individuals throughout Colorado who are facing criminal charges or know someone who is. We will regularly update this blog, posting on a wide range of criminal defense topics, including federal crimes, felonies, sexual assault and white collar crimes.

We welcome your participation in the discussions on this blog. Feel free to comment on posts that interest you.

It's important to note that the stories and cases reported on this blog are not meant to implicitly or explicitly depict cases actively handled by our firm. In most cases, the blog will simply be covering cases similar to those we are interested in handling.

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