Florida Criminal Attorney Blog

Robert Lis was arrested in Fort Lauderdale, Florida late last week on outstanding federal charges of fraud, according to news reports. Lis, 34, is facing numerous charges ranging from failure to file income taxes to defrauding investors to making 'suspicious' financial transactions at casinos. Lis remains incarcerated in Broward County for his own safety, since he told authorities that he fears the mob is after him. He faces extradition to New York to face charges, but may be prosecuted in South Florida as well.

According to news reports, Lis is facing prosecution for several different alleged offenses. Investigators allegege that over the course of three years, Lis made transactions totaling around $2.4 million at various New York banks. Lis allegedly made sure to make deposits of $10,000 or less so that banks were not required to report the transactions to the government. It is not known whether the funds remain in the bank or have since been spent.

It is not clear why the transactions are considered suspect, although sources indicate that Lis claims to make $150,000 a year and not have any assets. It is not clear where the funds for the transactions may have come from. Lis is facing charges for not having filed tax forms since 2006, according to reports, so it is difficult to determine the source of the funds.

Additionally, investigators allege that Lis attempted to use casinos to commit what, as of now, are unclear offenses. Lis allegedly habitually gambled sums of over $100,000 broken down into small denominations, then cashed out using traveler's checks or $100 bills after gambling for a short while. Although news reports do not specify the purpose of such transactions, which are not technically illegal, prosecutors apparently find them suspect.

Lis is also apparently facing legal action because of alleged inappropriate activity through East Coast Venture Group. Lis, who presumably runs the group, allegedly told investors that he could get them at least 5% returns but failed to deliver. Lis is also reportedly facing prosecution for large-scale marijuana dealing, identity theft, bank fraud, and mortgage fraud.

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David Vyner was arrested in Broward County, Florida for alleged grand theft in the last weeks of April, according to news sources. Vyner, 36, is currently being held without bail bond on the charge, along with several others. He has also been hit with an immigration hold. It is not clear whether the Hollywood, Florida resident has retained a private criminal defense lawyer to fight the many charges against him.

The grand theft charge is purportedly in connection to an incident in which Vyner accepted $1,050 as payment for a service that he never delivered. Vyner is the owner of a Hallandale Beach business called Consular Services Agency, which caters to Russian customers wishing to acquire Russian citizenship for U.S.-born children or to obtain or renew Russian passports, sources indicate. The alleged victim reportedly told authorities that he gave Vyner $1,050 to perform a passport renewal, but that the renewal never occurred.

According to news reports, Vyner is facing charges in connection to several other cases as well. In the media, he is being portrayed as a con man who has gone by a slew of different names and professions. The allegations are similar to those recently brought up against Matthew Scheidt of Osceola County, who also allegedly masqueraded as a professional. The press alleges that Vyner has pretended to be a rabbi, doctor, and lawyer, although Vyner has reportedly explained that he received such credentials in Russia. It is unclear whether evidence of the credentials has surfaced.

In one of these, he was reportedly accused of prescription fraud. Vyner purportedly testified that he has a medical degree which he obtained in Russia, and he has a badge from Hollywood's Memorial Regional Hospital identifying him as a doctor. Broward County Officials evidently believe that Vyner forged OxyContin prescriptions, although the circumstances of the alleged forgery are not entirely clear. Memorial Regional Hospital confirmed in a statement that Vyner had a "former relationship with the hospital" but declined to comment further on the allegations. They did, however, state that "no staff or patients were affected" by the incident.

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John Simms of Cooper City, Florida and over 30 others were arrested on Wednesday and Thursday of this week after they allegedly agreed to perform carpeting and masonry working despite not having the proper licenses. The defendants have all been charged with unlicensed contracting; some were also hit with civil and traffic citations. Those arrested were booked at Broward County Jail. 14 have reportedly since been released, presumably on undisclosed bail bond, and assigned court dates. It is not clear whether any of the defendants has retained a private criminal defense attorney.

According to reports, the arrests were a result of an undercover operation in which two Broward County deputies posed as a couple who had just purchased a home. Pretending they were looking for home improvement services, the undercover deputies lured unlicensed contractors to the property and showed them around the home as backup deputies stood by, ready to make arrests.

The undercover deputies would ask the contractors what improvements they thought could be made. When the contractors agreed to do work, they were immediately arrested for unlicensed contracting. It was not immediately clear how deputies were able to discern who was licensed and who was not.

Authorities say that they have conducted 12 similar operations in the past three years in order to fend off unlicensed contractors. Second-time offenders were reportedly hit with third-degree felony charges, while first time offenders faced less serious misdemeanor charges.

Police say that they were forced to enforce the law in this way after offenders failed to yield. "We've brought these individuals here because they have a history of noncompliance or citation, in many cases an extensive history," explained one deputy. "That's why we've isolated them as a problem to the consumer as well as the industry." He explained that the majority of those who were caught in the sting had previous criminal records, and that unlicensed contractors posed a threat to homeowners who were unaware of the workers' pasts. This is especially risky, as contractors often work on homes near children.

"The latest trend that we've noticed is that about 60 percent of the respondents to our operations have extensive criminal histories that include felonies. Everything from sexual abuse to aggravated battery. We've even had a murderer show up at one of our things," said the officer.

Unlicensed contractors also pose a safety risk in the quality of the work that they do. An unlicensed contractor's work does not have to meet the same safety standards and regulations as that of licensed contractors. The can lead to homeowner injury if a home modification turns out to be unsafe.

Stopping illegal contactors from working under the table has reportedly been quite a hassle for Southern Florida officials, especially considering economic hardship. "How am I supposed to provide for my family with all the restrictions?" John Simms, 38, commented after his arrest in the sting, saying that he has four children. "You tell that to my kids when I don't have the money to come home." Defendants claim that stringent requirements for acquiring contracting licenses, as well as the fees involved, have stopped them from complying with regulations and pursing the proper licensing.

Joshua Cooper was arrested last week for unlicensed telemarketing in Boca Raton, Florida. His arrest, while very controversial, has sent ripples through the telemarketing industry here in Florida. Many telemarketing companies and their employees are now worried that they too may be arrested and subjected to criminal prosecution for acts that are thought to be perfectly legal.

While the Florida Telemarketing Act makes unlicensed telemarketing illegal, there are a number of exceptions to this rule and in some cases, I think they Act may not even apply at all.

Given this reality and the fact that licensing enforcement is on the rise, it would be a good idea for telemarketing companies throughout Florida to obtain legal counsel to determine if they are compliant with all licensing statutes.

This blog entry will be the first of a multi-part series intended to be a general discussion of a telemarketer's potential for criminal liability under the Florida Telemarketing Act. The series will also address some of the inherent limitations of the Act and some of the licensing exceptions that may apply.

As a criminal defense lawyer, I am very intrigued by these cases because the Florida Telemarketing Act is easily misinterpreted by over-zealous law enforcement. Remember, law enforcement exists to make arrests and build cases. In a budgetary environment like the present one, it is no surprise that the State of Florida is increasing its licensing enforcement practices, since these prosecutions are routinely accompanied by civil penalties which can include heavy fines.

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Joshua Cooper, 31, owner and operator of Nationwide Publishing Group, was arrested Wednesday for unlicensed telemarketing in Boca Raton, Florida. While he is facing a third degree felony for this offense, I think the charges may prove to be completely bogus.

(Photo credit: golfnstyle.com)

Police also arrested: Philip Barone, 51; Kirstin Perri Bryan, 21; Emily Victoria Combe, 21; Matthew Dunn, 36; Kelly Scott Hettema, 21; Bennett Charles Kulback, 28; William Emil Lepido, 43; David Madrid, 22; Edwin Martoral, 42; Kristin Lynn Napolitano, 24; Joseph Anthony Pietragallo, 26; Daniel Rattelade, 27; and Matthew Carlisle Sigman, 32.

So far there have been no reports as to whether or not Joshua Cooper or the others arrested have been released on bond.

On the surface, this case makes perfect sense. It goes something like this:

Nationwide Publishing Group and Joshua Cooper hire a bunch of people, no one has a telemarketing license, including Cooper or Nationwide Publishing, and together they try to sell advertising in Golf'n Style Magazine to purchasers over the phone. Unlicensed telemarketing = third degree felony. Everyone gets arrested, case closed.

As a criminal defense attorney, I can tell you things are never that simple. In fact, I think Josh Cooper and the others may have three winnable defenses against charges of unlicensed telemarketing. Of course, I say this with the caveat that much more information about the facts of this case must be known before any concrete conclusions can be made or a realistic legal analysis can be completed.

Allow me...

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