Florida Criminal Attorney Blog

Barry Nash, 69, plead guilty today to one count of conspiracy to commit health care fraud in Miami, Florida. Nash is the owner/operator of a Broward County half-way house called Starter House. Like bank fraud, health care fraud is a Federal offense. Because health care fraud is a Federal offense, Nash's case was prosecuted in U.S. District Court by the U.S. Attorney's Office.

Hopefully, Nash is represented by a criminal defense lawyer in Fort Lauderdale who is familiar with Medicare fraud cases and how to deal with sentencing under the Federal Sentencing Guidelines. Given his age, Nash is not exactly the best candidate for a prison sentence.

According to the US Attorney's Office, American Therapeutic Corporation and the American Sleep Institute paid the owners/operators of assisted living facilities and halfway houses for referring patients.

In plain English, this is referred to as a kickback.

The U.S. Attorney's Office claims that not only did Nash accept kickbacks, but he did so knowing that American Therapeutic Corporation and the American Sleep Institute would be filing fraudulent bills with Medicare.

Over time, millions of dollars were paid to owners/operators like Nash, while the two companies fraudulently billed Medicare for more than $200 million.
In some instances patients were also paid a kickback.

Continue reading "Barry Nash Pleads Guilty to Conspiracy in Broward County Medicare Kickback Scheme" »

The following employees of Time Share Mega Media and Marketing Group ("TMMMG), located in Fort Lauderdale, Florida, have been charged in regards to a telemarketing scheme that targeted time-share unit owners throughout the country:

Scott Faraguna, 41, Charles Blomquist, 52, Peter Borkowicz, 31, Raymond Harcar, 39, James Taylor, 23, Ryan Greene, 23, Jason Hampton, 28, Chris Faccone, 43, Steven Sokoloff, 47, Marco Sguera, 30, Joseph Giancola, 38, Ryan Soltow, 27, and Donna Ackermann Brown, 50.

So far, all 13 have been charged with a one-count criminal indictment for conspiracy to commit mail fraud and wire fraud, in violation of Title 18, United States Code, Section 371.

In a recent press release by the U.S. Attorney's Office, Federal prosecutors announced that they are only pursuing a one count indictment for conspiracy to commit mail fraud/wire fraud.

This is a VERY good thing, although I am sure it is subject to change.

First of all, it says a lot about the prosecution's intentions in this case. Unlike a possession of child pornography case, which is a law enforcement priority and a much more offensive crime, prosecutors did not begin this case with a multi-count indictment.

That means they are not looking for a very lengthy prison sentence.

Given my past experience as a criminal defense lawyer, I would suspect that the worst offenders in this telemarketing scheme would get 2-3 years in prison where as the lesser offenders would either get probation or up to 1.5 years in prison.

Of course, this is just a guess based on my professional experience, not on anything specific about this case. Before any real conclusions can be drawn, a full case analysis that considers the particular facts of this case is needed.

Continue reading "Feds Charge 13 in Fort Lauderdale Telemarketing Scheme" »

Federal agents raided a cruise ship docked at Port Everglades in Fort Lauderdale, Florida this past week, leaving many ungrateful passengers. The MSC Poesia was scheduled to sail around the western Caribbean this week as part of its Jam Fest cruise. In a classic lame-o Federal drug bust, agents from the DEA, U.S. Customs and Border Protection, U.S. Marshall's Service, and the Broward Sheriffs Office took down the ship as it sat docked at Port Everglades.

Oh yes, and the bounty was great!

These maestros of law enforcement netted a whopping 15 seizures of of marijuana, LSD, mushrooms, hash oil, Ecstasy, prescription drugs and drug paraphernalia. Mostly all of which were in small quantities.

Good job G-men! Hoover would be proud. In a time where our country is teetering on financial ruin under the constant threat of terror, you guys are wasting our money to bust a bunch of Dead-heads on their way to Jam Fest?

Really? What are you, morons?

Take the time and money that you wasted and go find Osama bin-Laden, or better yet, go logon to the National Center for Missing and Exploited Children and start looking. Or, you could each get assigned to sit outside the home of a registered sexual predator and make sure no kids are going in for candy.

Why are you wasting OUR money on small quantities of pot and other party drugs while complaining about how much your salaries have been minimized due to budget cuts?

Don't act like you don't know what I am talking about...

Continue reading "Feds Raid Cruise Ship Headed for Jam Fest in Fort Lauderdale, Florida" »

Timothy Dawson, age 44 of Port Saint Lucie, Florida, was arrested on September 16 for allegedly trying to smuggle more than 30 pounds of cocaine and marijuana.

It is unknown whether or not Dawson has retained a criminal defense attorney to represent him in this matter.

According to a press release by the U.S. Attorney's Office, Customs and Border Patrol surveillance aircraft spotted Dawson's 1984 Wellcraft as it entered Saint Lucie Inlet. After traveling for approximately five miles, the vessel's engines were shut down for a few minutes. For reasons that are unknown at this time, CBP found this behavior suspicious and alerted the Martin County Sheriff's Office.

Thereafter a the MCSO dispatched its marine unit to make contact with Dawson's vessel. When deputies attempted to board the vessel, Dawson was seen throwing two weighted dive bags overboard.

Dawson was subsequently arrested for tampering with evidence and resisting arrest without violence. Dawson was released after posting bond.

However, dive team members returned to the incident location and recovered the two dive bags. Once opened, deputies saw that the bags contained more than 30 pounds of cocaine and more than 39 pounds of marijuana.

Continue reading "Timothy Dawson Arrested in Port Saint Lucie, Florida for Smuggling Cocaine and Marijuana" »

Ricardo Penn and Jamaal Williams were arrested in Wellington, Florida and are now facing federal charges for conspiracy, mail theft, unauthorized use of access devices and aggravated identity theft. Dorian Jerrell Cawley has also been named as a third co-defendant, but has yet to be arrested. It is unknown if bond has been set.

If convicted on all four charges, Penn and Williams could be sentenced up to 22 years in federal prison.

It is unknown if either Penn or Williams have retained the help of a defense lawyer. Regardless, both would greatly benefit by having legal counsel. If they hire a defense attorney, that person could review every detail of their case to determine if there is any lack of evidence, a conflict in the evidence, or inherent defense.

Remember, to obtain a conviction, prosecutors must prove each and every allegation contained in the indictment beyond and to the exclusion of every reasonable doubt.

This is a daunting task and presents an experienced defense lawyer with opportunity to defend the accused. For instance, identification of the accused persons as the offenders is an essential aspect of any criminal case.

Continue reading "Ricardo Penn and Jamaal Williams Arrested for Mail Theft in Wellington, Florida" »

Wayne McDarman Hill, 42, of Miami, Florida, was arrested for allegedly trafficking in ecstasy. According to news reports, law enforcement seized approximately 40,000 ecstasy pills.

Police claim that Hill operated a "pill pipeline" between Miami and Canada. The fact that the pills were allegedly found inside of Hill's vehicle presents a number of very important questions.

Hill's defense lawyers will need to first determine why police searched Hill's car? Was he caught selling to or buying from an undercover agent? Was he stopped for a traffic infraction? Or, did an overly zealous investigator conduct a "pre-textual" stop?

If law enforcement conducted an illegal stop or illegal search of Hill's vehicle, then any evidence obtained as a result must be thrown out by the trial judge. This would have the effect of completely destroying the Government's case.

Continue reading "Cops Bust Wayne Hill in Ecstasy Case Tied to Miami, Florida " »

Peter N. Price, a 49 year old title attorney from Hollywood, Florida, plead guilty to a criminal information charging him with making false statements to HUD. Price allegedly imbezzled over $1 million dollars in loan proceeds that had been sent to his title company's escrow account. The name of that title company was Intracostal Title Services, Inc.

The case was presided over by the Honorable Jimmy I Cahn, of the U.S. Southern District Court for the Southern District of Florida. Sentencing is presently set for August 27, 2010.

When clients sent Price money to pay off prior mortgage loans, Price prepared and sent a false HUD1 Real Estate Settlement Form, falsely reflecting that the old loans had been paid.

This case was investigated by the Postal Inspector, the FBI, and the Florida Office of Financial Regulation.

When it comes time for sentencing, there are a number of factors that Judge Cahn is likely to consider. On the aggravating side, this case presents an instance of greed by a person who abused their position of trust. On the mitigating side, Price did enter a plea of guilty and has agreed to pay restitution. Assuming restitution is paid in full by the time he is sentenced, Judge Cahn will likely give him credit for that as well.

Regardless, there is no doubt that Mr. Price is facing a very precarious situation. Federal charges are serious business, especially when it comes to mortgage fraud in an economic environment predicated on the worst real estate bust in history.

Convicted Ponzi schemer Scott Rothstein was sentenced to 50 years in prison just a few moments ago. U.S. District Judge James I. Cohn rendered the sentence after a lengthy hearing in Fort Lauderdale's Federal courthouse this morning.

When a Federal judge calculates an offender's prison sentence, there are always a set number of factors that she or he considers. They are:

1) The nature of the crime.
2) Victim input.
3) Defendant's character, including criminal history.
4) Prosecutor's recommendation.
5) Defense recommendation.
6) Findings and recommendations of any pre-sentence investigation.

Given the enormous magnitude of Rothstein's crime and the immeasurable harm he inflicted on his victims, there were only two likely reasons why Judge Cohn did not impose the maximum sentence of 100 years.

First, the U.S. Attorney's Office gave official recognition to Rothstein's cooperation when it recommended a sentence of 40 years. Not only did Rothstein return from being on the lam, but he pleaded guilty and cooperated with law enforcement. This cooperation wasn't minor. Rather, it included recovery of victim assets and the arrest of a major mafia figure.

Second, credit must be given when a defendant pleads guilty from the start and owns up to his actions. This is especially the case when the defendant had the opportunity to run, but chose not to.

Ultimately, this analysis calls for two considerations. First is to determine whether or not an offender deserves any mitigation. If so, the next question is obvious: how much?

In this case, Judge Cohn likely balanced the net results of Rothstein's efforts to aid the victims and nab the mafia figure against the utterly egregious nature of his offense. Ultimately, I think the question came down to whether nor not Judge Cohn was going to give Rothstein any life outside of prison as an elderly man.

At age 47, Rothstein will likely live the remainder of his natural life behind bars. In a sense, it is as if Judge Cohn let nature decide whether Rothstein will see life as a free person again. If he lives long enough, he may get the chance. If not, then too bad.

In my opinion this is a fair sentence.

While we must incentivize future offenders to cooperate, some crimes are just so bad that mitigation truly is meaningless. Even at the expense of losing future cooperation, some crimes require harsh sentences.

Sometimes, principles matter. This case is one of them. Rothstein got what he deserved.

Andrew Kotcherha, 46, was arrested last week for allegedly robbing two banks in Pompano Beach, Florida and one bank in Coconut Creek, Florida. According to the Sun-Sentinel, Kotcherha was released from prison in December after serving time for drug and theft charges. Kotcherha supposedly has a rather extensive criminal history, which includes a five year prison sentence for robbing a bank in 1992.

Even though bank robberies can be prosecuted in either State or Federal court, they are usually prosecuted in Federal court by the U.S. Attorney's Office after an investigation conducted by the FBI. This is important because prosecution in Federal court can be a lot more serious than in State court. Federal court is much more formal and the likelihood of being sent to prison is sometimes greater.

Second, insofar as a defense is concerned, Kotcherha seems to be out of luck because he failed to take any measures to conceal his identity. With the exception of his eyes, which were concealed by sunglasses, Kotcherha's face and body were supposedly recorded by bank security cameras. These videos may make winning at trial impossible.

Third, Kotcherha's criminal history will likely hurt him more than the bank videos. Not only does he allegedly have a lengthy rap sheet, but it appears as though he has a history not only for theft, but for bank robbery as well! This is going to hurt Kotcherha because judges give a lot of weight to criminal history at the time of sentencing. Criminal history is important because it gives a judge insight into the offender's character.

In Kotcherha's case, the sentencing judge will likely be most influenced by four main aggravators. First, is the fact that Kotcherha reoffended only a month or two after being released from prison. Second, is the fact that Kotcherha reoffended by committing a crime that involves theft - which is the very charge he was in prison for. Third, is the fact that Kotcherha already served a 5 year sentence for the same exact offense - bank robbery. Fourth, is the fact that Kotcherha went on a crime spree by allegedly robbing, not one, not two, but THREE banks.

When a sentencing judge reviews Kotcherha's case and criminal history, it is unlikley that he will be sentenced to anything less than 30 years in prison. Kotcherha is not facing a DUI, he is facing a major felony offense. In the eyes of a judge, a man like Kotcherha is a textbook candidate for a long term prison sentence.

While the above analysis only considers the limited facts reported in the news, it appears as though Kotcherha will be in custody for a long time.

Fort Lauderdale, Florida attorney, Scott Rothstein, is facing 30 years to life for his involvement in allegedly orchestrating one of the largest Ponzi schemes in South Florida history. On January 6, Rothstein told a federal judge in Broward County that he plans to plead guilty to his charges later in the month.

A little explanation about federal sentencing is in order here. When formulating a sentence, there are some basic elements that Rothstein's judge is certain to consider. For starters, the Court will consider the nature of the charges which Rothstein will plead guilty to. The degree and maximum penalties will definitely set the tone.

Second, the judge will consider the magnitude of the offense, both in terms of how long it transpired and the net effect to its victims. In this case, Rothstein's Ponzi scheme is said to have gone on for years and exceeded over $1.2 billion in stolen money. There is no doubt that the gargantuan nature of this theft will weigh heavily on the judge's mind.

Third, the judge is likely to consider Rothstein's character. While he has no prior criminal history, there is no doubt that Rothstein's ostentatious lifestyle, which was lived at his victims' expense, will certainly add to his time in prison. Additionally, Rothstein's behavior as he awaited his arrest - such as having a martini lunch at Capitol Grille - will surely speak volumes to his judge.

Fourth, the fact that Rothstein returned from Morocco to face his charges and his victims, will likely serve to mitigate his sentence, especially since he had the means and opportunity to evade justice. Additionally, the judge will also consider any information or assistance Rothstein has provided to law enforcement in regards to its investigation. While Rothstein's remorse is a textbook example of "too little, too late," the judge will certainly listen to what he has to say and will give him some form of credit for taking responsibility, even though such credit may be minuscule.

Fifth, there is no doubt that the sentencing judge will give heavy weight to the fact that Rothstein abused his position of trust as a lawyer. Not only does it speak volumes about Rothstein himself, but there are public policy concerns that must be addressed as well. Like doctors, lawyers owe the public a level of care and concern that is above par. Not only did Rothstein fail to provide his clients with the level of care and concern that they were due, but he used his position of trust to violate his clients and steal their money. This behavior is despicable and will certainly be remembered by the sentencing judge.

Given the magnitude of the alleged Ponzi scheme and the fact that Rothstein lived large and loud at his victims' expense, I expect him to get a minimum of 30 years in federal prison. To the extent that Rothstein receives credit for helping law enforcement and for returning to Fort Lauderdale to face justice, Rothstein may be spared from a life sentence.

At the end of the day, I expect that Rothstein's end will only mark the beginning of this saga. There is no doubt that additional prosecutions and disbarments are well in the works.

Fort Lauderdale, Florida attorney Scott Rothstein was arrested Tuesday on charges of racketeering, conspiracy to commit money laundering, conspiracy to commit fraud, and two counts of fraud for his role in allegedly orchestrating a $1.2 Billion Ponzi scheme. Acting U.S. Attorney Jeffrey H. Sloman said, "Attorneys, like elected officials, hold a special position in society and owe a duty to deal honestly with their clients and their clients's best interests."

Rothstein is alleged to have spent large sums of the Ponzi scheme's illegal proceeds on everything from political contributions, to luxury sports cars, mansions, new business ventures, and charitable donations.

It is also alleged that Rothstein and his co-conspirators compelled employees at his law firm to give political contributions which would later be reimbursed by the firm in the form of bonuses. This scheme is particularly troublesome, if true, because it would show a clear intent to sidestep campaign finance laws. Whether some politicians were aware of the scheme is still unknown.

Regardless, there is no doubt that the fall-out from this Fort Lauderdale-made-for-tv-melodrama is going to be widespread.

It is doubtful that Rothstein acted alone or acted only with small-time, no name cohorts. In an effort to save his own skin, Rothstein is expected to have already "spilled the beans" on more than a handful of people, including those in high power positions. While yet to be confirmed, many speculate that some local bank executives and power brokers were in on the take as well.

For those who think Rothstein's arrest marks the end of a bizarre and seemingly inexplicable skyrocket to success for a lawfirm of but 70 lawyers, many believe it is only the beginning. Which politicians will be unseated for violating campaign finance laws? Who among Fort Lauderdale's elite will fall from grace? What about the yet unresolved homicide prosecution surrounding the murder of Rothstein's associate Melissa Britt Lewis?

Here's a prediction: Rothstein's partners will lose their licenses to practice law as well. Everyone in town is still wondering how Rothstein's equity and name partner allowed him to control the firm's finances without any oversight. In the world-wide history of business partners, who ever heard of such a thing? Especially in a business so strictly regulated and supervised as the practice of law - just one sidestep and an attorney can be at risk of losing his or her license forever.

Hopefully the Florida Bar will take this case as an opportunity to evaluate the ethical implications of partnerships amongst lawyers and their ramifications to clients, the public, and overall confidance in what is supposed to be an honorable profession.

In any event, like you, I sit with bitten nails and a sour stomach as I await the next automatic update from Google news!