White Collar Crime in Georgia--A Blog By The Goolsby Law Firm, LLC. (706) 863-5281

A Goolsby "War Story:" Whose Side Am I On?

2012-01-26T06:13:00.000-08:00

As you probably know, I am a former Georgia state and federal prosecutor. I left the U.S. Attorney's Office several years ago, after a 20 year career, to go into private practice, when my oldest son graduated from law school. Now, I am an Augusta, Georgia criminal defense attorney! While it has been a major change, I wanted the chance to work with my son. I am also happy to report that my second son will graduate from law school and join us here in several months! And I am equally delighted that our third son will join us at the Goolsby Law Firm when he graduates from law school in a couple of years! The Goolsby Law Firm will be composed of a father and three sons! We will truly be a family law firm!

But that is not the point of this post! The point I wanted to make involves the fact that lawyers often face challenges when they "switch sides." One of my fears is revealed by a true "war story" told about a local criminal defense lawyer. Like me, he had been a prosecutor for most of his career and then had switched to the "dark side!" Soon, after entering private practice, the old prosecutor was defending a man accused of armed robbery. Everything went fine during the trial, until closing argument. Then, before he could catch himself, out of habit, the former D.A. urged the jury to "return a GUILTY verdict!" Can you imagine his embarrassment? Can you imagine how his client felt?

As a criminal defense lawyer, (and former federal prosecutor), I hope and pray that, if I keep telling and re-telling this story, then maybe it will never happen to me!

U.S. v. Jones: A Victory for Privacy Rights?

2012-01-24T06:57:00.000-08:00

Yesterday, the United States Supreme Court announced an important new decision which should make all believers in freedom and privacy rights breathe a little bit easier. In United States v. Jones, the Supreme Court held that the Fourth Amendment prohibits the police from using GPS devices to track a suspect's movements without first obtaining a search warrant. In other words, warrantless use of GPS devices are no longer allowed!

In the Jones case, the police were investigating a nightclub owner for alleged drug trafficking. They had surreptitiously installed a GPS device on Mr. Jones' Jeep Grand Cherokee and were tracking his moevements, all without first obtaining a warrant. The government had argued that no warrant was necessary. However, the Supreme Court held otherwise and gave new hope to freedom lovers everywhere!

As a former federal prosecutor, (and currently, as an Augusta, Ga. criminal defense attorney), I strongly agree with this important decision! First of all, I submit that it is not that difficult for police to simply obtain a search warrant in an appropriate case. Moreover, I believe that, in a free society, in which our privacy rights are constantly being threatened by technology, it is important to see the Supreme Court protect us and stand as a bulwark of freedom!

It will be interesting to see the caselaw develop in this area of the law. What do you think?

Changes to Georgia's Criminal Code: Proposed Change to the Felony Threshold for Theft by Taking

2012-01-23T08:07:00.000-08:00

[Photo of Ga. State Prison from wikipedia]

We have discussed before in this blog the topic of proposed changes to the Georgia criminal code. In this state, it appears that this is a topic about which both liberals and conservatives seem to find some common ground. Both sides are advocating for alternatives to prison, especially for non-violent offenders. And it appears that something might actually be done by the Georgia General Assembly to control state prison expenditures, currently costing Georgia taxpayers approximately $1 billion per year.

But the point of this post is not about cost, but that we must carefully consider the ramifications of any proposed changes. For example, one proposal of a special council on criminal justice reform, which was appointed to investigate potential changes, involves increasing the felony threshold for theft by taking in Georgia from the current $500 to $1500. Another similar proposal calls for increasing the felony threshold for theft by shoplifting from $300 to $750. (In other words, if the value of the stolen items is worth less than the felony threshold amount, it will be prosecuted as a misdemeanor).

What do you think about these and other proposed changes -- including having more drug courts and possibly veterans' courts and mental health courts -- which would mean that fewer folks will be incarcerated in this state? As a former career (state and federal) prosecutor, (and, currently, as an Augusta, Georgia criminal defense attorney), while I agree with some of the proposals, I have some misgivings about some of the others, which I plan to air out in the coming weeks.

Have you read about these proposals? Change is coming. What do you think?

White Collar Crime: Location Doesn't Matter!

2012-01-12T06:14:00.000-08:00

[Photo of Sioux Falls, S.D. from wikipedia]

One of the common themes of this blog, (which is written by a former federal prosecutor and current Augusta, Georgia criminal defense lawyer), is that white collar crime can be found everywhere and in virtually every facet of our lives! For example, today, I did a quick internet search of the State of South Dakota, (which is about as far away from Augusta, Georgia as one might need for this experiment!), on the topic of "fraud." Would you guess that there might be fraud, and other white collar crime, even in South Dakota!? The answer is "yes!"

One of the news reports which I found during this internet search involves a Sioux Falls, S.D. deputy sheriff. According to the reports, the South Dakota deputy has recently entered a guilty plea to a charge of theft by deception. The charge relates to an alleged fraudulent insurance application which appears to have no relationship to his duties as a law enforcement officer.

Of course, this simple exercise is not meant to demonstrate anything at all negative about the fine State of South Dakota! Naturally, anyone searching the internet for "fraud" in Georgia, or in any other state, for that matter, would also quickly find plenty of examples!

Again, the simple point is that fraud, (like other types of white collar crime), can be found everywhere and in just about every aspect of our lives. But you already knew that, didn't you?

The Costs of White Collar Crime: The Case of the Stolen Prosthetic Legs

2012-01-05T06:47:00.000-08:00

[Photo of prosthetic legs from wikipedia]

One of the themes of this blog is that white collar crime can be as costly, (or even more costly, in some cases), as violent, street crime. As an example, consider the sad case of Amando Fontaine, a crime victim in Miami, Florida. According to various news reports, Mr. Fontaine's car was stolen from outside his home earlier this week. Motor vehicle theft is bad enough. But this crime reportedly cost Mr. Fontaine more than just his car.

According to reports, Mr. Fontaine, an Army veteran, also lost his prosthetic legs and wheelchair mount, which were located inside the stolen car. Now, Mr. Fontaine will reportedly have problems in keeping his doctor appointments and simple getting around otherwise, too.

Here's hoping that Mr. Fontaine's car will soon be recovered. As you see, white collar crime can be very costly to its victims.

Merry Christmas From The Goolsby Law Firm!

2011-12-24T06:34:00.000-08:00

From our family of lawyers, at the Goolsby Law Firm, LLC, in Augusta, Georgia, USA, we simply want to wish each of you and your families around the world: MERRY CHRISTMAS!

Fraud Against the Elderly: The Tire Repair Scam

2011-12-21T09:32:00.000-08:00

As you know, I am a former federal prosecutor for over 20 years. Presently, I am a criminal defense lawyer in Augusta, Georgia where I practice law with my son. I have focused on handling white collar crime cases for much of my career as a Georgia attorney.

As we have often discussed in this blog, the elderly are frequently targeted by white collar criminals. The number and types of scams appear to be endless! I recently read about yet another fraudulent scheme focused on senior citizens which allegedly occurred in a nearby town. Here is how it works:

The perpetrator drives around and looks for a potential target: a senior citizen who is driving an automobile alone. Then, the bad guy somehow gets the senior citizen's attention and gets them to pull over. The bad guy then informs the elderly target that he has noticed something is wrong with the elderly target's tire. Naturally, there really is nothing wrong with the tire. The bad guy also offers to repair the tire for them. Of course, the bad guy then demands an exhorbitant payment for supposedly fixing the tire.

In the case I recently read about, the bad guy was arrested and awaits trial. Of course, no one disputes the fact that he is entitled to a fair trial. But if a person is convicted of such a crime, then he should be thrown under the jailhouse! Don't you agree?

A White (Collar Crime) Christmas

2011-12-10T06:17:00.000-08:00

[Depiction of Dr. Seus book from swotti.com]

If you want to get depressed, then try googling the words "Christmas theft" and see how many examples of Christmas greed you will find! Everywhere, some people are stealing other peoples' gifts from their cars, decorations from their yards, and even money from their charity's donation kettles! Sometimes, it seems that our dreams of a white Christmas have become overshadowed by nightmares involving white collar crime!

Maybe I am more alert to this problem, because I am an Augusta, Georgia criminal lawyer and former federal prosecutor. But you already knew about this problem, too, didn't you? I'll bet that you have read about or experienced this seasonal problem -- of theft and greed at Christmas -- in your own home town.

So, please be careful! Lock away your shopping purchases in your car trunks. And be more alert to those around you at the mall. Look, Christmas is still a wonderful time of year. Most folks still believe in peace and good will. But be careful and don't let a grinch take away your Christmas from you!

Congress and Insider Trading -- Should We Just "Throw Them All Out?"

2011-12-04T09:56:00.000-08:00

[Photo of U.S. Capital from fws.gov]

In the book, Throw Them All Out, author Peter Schweizer recently exposed, among other things, the problem involving various members of Congress using insider information to profit in the stock market. C.B.S. News also did a follow-up story on 60 Minutes in which they exposed that former House Speaker Nancy Pelosi allegedly profited from such insider information available only to members of Congress.

It is no wonder that Congress is rated below lawyers and used car dealers in the public eye! This practice is outrageous and should be illegal! Part of the problem is that Congress had exempted itself, (its own members), from application of insider trading laws! Now, Senator Lieberman and others are reportedly leading the way in Congress to change the insider trading law and make it applicable to members of Congress, too!

This legislation is long overdue. But is it enough? Do you believe the new legislation will solve the problem? Maybe, Schweizer had it right! Maybe, instead, we should just "throw them all out" and start over! What do you think?

Election Fraud in Russia

2011-11-26T07:40:00.000-08:00

[Photo from wikipedia]

As a former federal prosecutor, I prosecuted a number of election fraud cases, here in Georgia. Election fraud and vote-buying appear to be a world-wide problem, to one degree or another. Various news reports indicate that many Russians won't even vote in next week's parliamentary elections simply because they believe the election results will be manipulated. Nearly fifty percent of those surveyed predicted there will be election fraud. Vladimir Putin's party is expected to retain a majority in the Russian Parliament next week, but other parties appear to be positioned to post some gains.

Of course, if Putin's party officials and bureaucrats are counting the votes, then one might wonder why only fifty percent of Russians believe the election results will be rigged!

A Goolsby "War Story:" Some Vain White Collar Criminals I Have Prosecuted!

2011-11-19T08:22:00.000-08:00

[Carly Simon and Song Depiction from wikipedia]

Surely, we all love the classic Carly Simon hit, "You're So Vain." Over the years, as a former federal prosecutor for over 20 years, (and currently, as an Augusta, Georgia criminal defense lawyer), I have witnessed some vain criminal defendants! Here are a few quick examples:

1. I once prosecuted a nursing home bookkeeper who stole the patients' money so that she could feed her clothes-buying addiction. She bought so many clothes that her husband had to build an extra room to hold them!

2. I also once prosecuted a bank employee for embezzlement who was so vain that, when her daughter gave birth to a baby, the new grandmother allegedly broke off all ties with her daughter, (and new grandchild), so that her friends would not know that she was, in fact, old enough to have grandchildren!

Now, that's what I call vanity! I'll bet you have met a few vain folks in the past, too!

The Shameless Theft At Lincoln's Tomb

2011-11-13T14:55:00.000-08:00

[Photo of Lincoln's Tomb from wikipedia]

Sometimes, it seems that nothing is sacred, or off limits, any more. And sometimes, it seems that some white collar criminals have absolutely no consciences or sense of shame. I am referring to the reported theft of a three-foot-long copper sword from atop President Lincoln's tomb in Springfield, Illinois. Authorities have indicated that they have no clue who did it or when it occurred.

We have previously discussed here the problem of the growing copper theft epidemic. But this crime goes beyond that problem. This crime offends the honor of a deceased president and strikes at the heart of all we hold dear and sacred in our society.

Sadly, due to budget cuts, security had been removed from the site over a decade ago. And sadly, in my opinion, this is just another sign that some criminals have no sense of shame and that it sometimes appears we are all going to Hell in a handbasket.

What do you think?

De Niro to Portray Madoff in New HBO Movie

2011-11-07T07:37:00.000-08:00

[Photo of De Niro from wikipedia]

Have you heard the news about who plans to star in a proposed new HBO movie about the life (and crimes) of convicted ponzi scheme king Bernie Madoff? The answer is...Robert De Niro.

According to various news reports, De Niro, the Academy-award winning actor from Raging Bull, (and star of one of my favorite gangster movies, Goodfellas), will both produce and star in the new HBO movie.

You don't have to be a former federal prosecutor, (and currently an Augusta, Georgia criminal defense lawyer), to look forward to this movie! What do you think?

OPR: The Office of Professional Responsibility and Why DOJ Attorneys Fear It

2011-11-01T11:08:00.000-07:00

[Photo of DOJ Seal from reactf.org]

As a new federal prosecutor, years ago, I quickly learned that most federal prosecutors shake in their boots at even the thought of being investigated by the Office of Professional Responsibility, ("OPR"). Here is why, in a nut shell!

You see, OPR is, for federal agents and prosecutors, what an internal affairs unit is for police officers. In other words, OPR is the arm of the Department of Justice, ("DOJ"), which is entrusted with the responsibility of investigating and, in some cases, disciplining, federal agents and prosecutors who have been accused of misconduct related to their cases. Each year, OPR investigates hundreds of complaints made by citizens, or referred to them by federal judges and others. It is my understanding that OPR employees actually even troll across the internet looking for reports of alleged prosecutorial misconduct. In short, if they catch you, OPR can get you fired!

According to the DOJ website, OPR was created in 1975 in response to allegations of prosecutorial abuse committed by DOJ employees during the infamous Watergate scandal.

Fortunately, for me, during my 20 year career as a federal prosecutor, I never had to endure any OPR investigations! But I knew or heard about federal employees who did. And trust me, I don't believe it was a pleasant experience! But I'll bet you will agree that OPR serves an important role in ferreting out government misconduct.

Of course, OPR is not the only vehicle for raising complaints about prosecutorial misconduct. For instance, complaints can also be raised with state bar associations and with federal judges, in appropriate cases. But these are all matters which you should carefully discuss with your own criminal defense attorney.

As for me, now that I am an Augusta, Georgia criminal defense lawyer, and no longer work for DOJ, I no longer have to worry about receiving a call from OPR to "come on down, you are the next contestant!"

A White Collar Crime Haiku

2011-10-26T10:45:00.000-07:00

A WHITE COLLAR CRIME HAIKU

Fraud, greed, everywhere.

No one hears the victims' cries.

Some things never change.

White Collar Crime: Size Doesn't Matter!

2011-10-19T07:33:00.000-07:00

[Photo of White House from valdosta.edu]

Hey, are you looking for a cheap house to rent in Washington, D.C.? Then, a guy from Atlanta, Georgia may have a real "bargain" for you! But you may have to look him up in an Atlanta area jail!

According to news reports, the man has been charged with leasing homes in the Atlanta area which did not belong to him to various tenants. According to reports, the man allegedly broke into one house, changed the locks, prepared a bogus lease, and rented the house to a poor victim for $1,000 per month, (with a $3,000 security deposit, up front)! Later, the actual owner of the home discovered that someone was living in his house and apparently reported it to police!

Of course, these are only the charges and the alleged perpetrator is presumed innocent unless proven guilty in a court of law.

Look, I realize that this case is not the biggest case of white collar crime "out there." But that is the point of this post. Occasionally, I like to include such posts to illustrate the point that most white collar crime is, in fact, just relatively small thefts or fraud committed by relatively ordinary folks.

Now, does anybody "out there" really need a good deal on a house in D.C.!?

Scarlett Johansson's Alleged Computer Hacker Arrested

2011-10-13T07:00:00.000-07:00

[Photo of Scarlett Johansson from wikipedia]

Did you hear the big news? According to various news reports, yesterday, F.B.I. agents arrested a 35 year-old Jacksonville, Florida man, Christopher Chaney, on federal charges related to his alleged hacking into the computers and email accounts of various Hollywood celebrities, including actresses Scarlett Johansson, Mila Kunis, and Christina Aguilera. No doubt, you will recall that, for some time, nude photographs and other information had been posted online about the celebrities.

Of course, Chaney, who was released on a $10,000 bond, is entitled to a presumption of innocence and to his fair day in court. But, as a former federal prosecutor, I look forward to following what happens in this celebrity computer hacking case!

One lesson to be learned from this matter involves computer email account passwords. According to news reports, the perpetrator in these cases was able to guess the celebrities' passwords, (and hack into their email accounts), based upon public information which he acquired about each of them. Therefore, we can all learn that it is important for us to create more complex passwords! Don't you agree?

Has your computer even been hacked? Have you ever been a victim of identity theft?

Restitution in the Bernie Madoff Fraud Case: A Case of Too Little, Too Late!

2011-10-10T08:47:00.000-07:00

As the Bernie Madoff fraud case demonstrates, restitution often comes too little and too late in white collar crime cases. You will recall that Madoff, the "king of the ponzi scheme," was sentenced in 2009 to serve 150 years in prison for masterminding the largest investment fraud scheme in U.S. history.

Tragically, Madoff's tough prison sentence did little to assuage the losses inflicted on hundreds of crime victims, many of whom were elderly people who saw their life savings taken away. I will never forget the report of one elderly victim who was forced to return to work as a grocery store clerk after losing his retirement nest egg to Madoff's crime.

Since Madoff's sentencing, a bankruptcy trustee, assisted by the U.S. Marshal's Service, has been selling off Madoff's property, including homes, jewelry, and even his clothes, to try to help make some restitution to Madoff's victims. (I started to bid on something in the online auction, but the red tape was too complicated!) Unfortunately, this restitution effort is not enough. For instance, according to reports, last week, the trustee distributed $312 million to victims, but this constituted just pennies on the dollar compared to the total amount stolen.

Also, according to reports, up to one-half of the $17.3 billion taken by Madoff may ultimately be recovered and distributed to victims, but only after time-consuming litigation. However, many of the elderly victims simply don't have the time. At least eight of Madoff's elderly victims have already died during the past couple of years. As a result, sadly, many of Madoff's victims will never be made whole.

And sadly, this case shows that restitution often comes too little and too late in white collar crime cases.

A Goolsby "War Story" About Sleeping Jurors, Criminal Lawyers, and The Charge of the Light Brigade!

2011-10-03T06:42:00.000-07:00

[Depiction of "The Charge of the Light Brigade" from wikipedia]
'Forward, the Light Brigade!
Charge for the guns,' he said,
Into the valley of Death
Rode the six hundred.

As a young law student, I clerked for an Athens, Georgia law firm headed by a resourceful criminal defense attorney. Let's call him "John Jones." I learned a lot from Mr. Jones about human nature and about trying criminal cases. For instance, I learned that law school doesn't really prepare law students for the real world, or teach you about human nature. I also learned from Mr. Jones that, no matter what challenges or obstacles you face, in life, or during a criminal trial, as a criminal defense lawyer, you must be willing, like Lord Tennyson's Light Brigade, to keep charging ahead!

To illustrate my points, let me give you an example of an actual criminal case. First, it might help you to know that Mr. Jones was confined to an electric wheel chair. But as I learned very quickly, Mr. Jones wasn't actually confined -- he never allowed this mere encumbrance to slow him down one bit. Nor did it prevent him from winning a criminal trial!

I will never forget the Smith embezzlement case. The evidence was largely circumstantial that Mr. Jones' client had stolen company funds. But a problem had cropped up at trial. One of the jurors, a middle aged man who sat near the right front corner of the jury box, kept nodding off during the trial. Ordinarily, as Mr. Jones explained to me, a juror sleeping through a trial could be a good thing for the defense. But Mr. Jones really wanted the juror to wake up for the next critical defense witness' testimony. So, here is what he did to correct this problem!

First, Mr. Jones drove his chair up alongside where I sat, which was just behind the defense counsel table. Then, he whispered, "Watch this, Richard."

Immediately, Mr. Jones wheeled around and drove his electric wheel chair forward, full throttle, toward the front right corner of the jury box! "Half a league, half a league, half a league onward," charged Mr. Jones! Then, everyone in the courtroom was jolted by a loud "bam," as the electric wheel chair hit the corner of the jury box! No real damage was done. Somehow, Mr. Jones had managed to stay upright. But I quickly saw the results!

Naturally, the sleeping juror was jolted awake! Even the judge was awakened from his perch on the bench! Mr. Jones had succeeded in his mission! In fact, after the collision, all the jurors seemed wide awake, attentive, and watchful -- and perhaps a little bit afraid that this crazy-drivin' lawyer might hit them next! I will never really know what role Mr. Jones' mission had played, but we won this criminal case!

I later learned that Mr. Jones knew that, because of his physical challenge, no one -- including the judge and jurors -- would blame or criticize him for "inadvertently" driving his wheel chair into the jury box. And no one did. That is human nature, isn't it? I also learned that, when you are trying a criminal case, while you must always remain professional, sometimes, you must also be willing to "charge for the guns," in order to win!

What do you think? Have you ever had to "charge for the guns?" Wouldn't you want an aggressive criminal defense lawyer, like Mr. Jones, in your corner!?

Martha Stewart: The Return and Revival of A Media Mogul

2011-09-30T07:55:00.000-07:00

[Photo from wikipedia]

Have you heard the news this week? She's back! Yes, according to various news reports, multi-media mogul Martha Stewart is back on the board of her own company, Martha Stewart Living Omnimedia. According to reports, Ms. Stewart has now completed a five-year ban from participating as an executive or board member of a public company.

The five-year ban had reportedly been part of a settlement with the Securities and Exchange Commission, based upon, or related to, her alleged complicity in insider trading of ImClone stock. You will recall that Ms. Stewart was never actually convicted of insider trading. She was only convicted, in 2004, of essentially lying to investigators about the facts related to the ImClone stock transaction. She served 5 months in prison.

I still maintain, as a former federal prosecutor, (and currently, as an Augusta, Georgia criminal defense lawyer), that, if I had been her criminal defense attorney back in 2004, I could have possibly helped her avoid a criminal conviction. In short, as I have written here previously, I believe that, in some grand jury investigations, targets could avoid prosecution if they would avoid making false statements to government agents.

But now, she is back -- on the board of her own company! Don't you agree that she has paid her debt to society? Doesn't she deserve a chance, once again, to rule her multi-media empire? What do you think?

A Goolsby "War Story" About Appeal Briefs, Filing Deadlines, and Insensitive Bosses

2011-09-19T14:06:00.000-07:00

[Photo from ehow.com]

Today, as I worked hard to submit an appeal brief to the Court of Appeals, well before the filing deadline, I was reminded of a time when, as a former federal prosecutor, I had worked on another brief, and struggled to meet a filing deadline. Here is what happened in the Smith appeal.

First of all, you need to know a little bit about briefing schedules. Generally, when the defendant is appealing a conviction, he or she files a brief first and serves the prosecutor with a copy of it. Then, generally, the prosecutor has thirty days from the date of receipt of the defendant's brief before the government's responsive brief is due. Thirty days is generally deemed sufficient time in which to prepare and submit such a brief.

But here is what happened to me in the Smith appeal! Instead of serving me personally with a copy of the defendant's brief, the criminal defense attorney mailed it, instead, to my boss, who was the chief of the criminal section of the federal prosecutor's office. My office was located in Augusta; my boss was in Savannah. And there, the brief sat, and sat, and sat, for two-and-one-half weeks, on a corner of my boss' desk! Also, since the defense lawyer had filed his brief two weeks early, I had no way of knowing that it had already been submitted.

I will never forget the day when I received a telephone call from my boss about the brief. He first pretended to be calling about another case. Then, he casually mentioned, "Oh yeah, Richard, I almost forgot that I need to send to you the Smith appellate brief. We got it a couple of weeks ago. But don't worry, because it looks like an easy one for you to respond to." My heart sank! I immediately realized that I would have to work the next two weekends, in order to have any chance of meeting the filing deadline! And that is exactly what happened to me!

And that is also why, whenever I file an appellate brief, I always remember the story of the Smith brief and my insensitive boss!

The Copper Wiring Theft Epidemic

2011-09-16T14:44:00.000-07:00

[Photo from tools2parts.com]

While identity theft may be the fastest growing white collar crime in the United States today, I suspect that copper wiring theft might not be far behind. Everywhere, across the country, thieves are hitting and stealing copper wire from construction sites, abandoned houses, and even churches.

According to news reports, one church, St. Ignatius of Antioch Catholic Church, of San Francisco, has been hit four times by copper wiring thieves in the past four months. How low will some thieves go -- to steal from a church?!

I did a little checking on some statistics about this growing problem. According to the Department of Energy, this copper theft epidemic costs crime victims over $1 billion per year. One reason involves the fact that, according to the New York Times, the salvage price of copper has skyrocketed in recent years, from about $1.25 per pound in 2009 to a whopping $4.00 per pound today! It is no wonder, then, that crooks are crawling under vacant houses, and even under churches, to steal copper!

What can be done about this growing problem? As a former federal prosecutor, I would recommend that purchasers of copper wiring be required to maintain better records about those who bring in the copper, (much like the requirements for recording data about pawn shop purchases). Also, it may be inevitable that some law enforcement agencies will be required to form copper theft investigative units. (Should they be called the "a.c. units?!") These are difficult crimes to solve, aren't they?

Do you know of anyone who is a copper theft victim? What do you think should be done about this growing problem?

Christopher Jeberk, The FBI Files, and America's Most Wanted

2011-09-10T08:52:00.000-07:00

[Photo from wikipedia]

As a former Assistant U.S. Attorney, I primarily prosecuted white collar crime. I was fortunate to have been able to prosecute some of the largest, most complex fraud and public corruption cases in Georgia history.

However, one of my biggest cases as a former federal prosecutor had nothing to do with white collar crime. Instead, it was the high profile bank robbery, kidnapping, and escape case involving mastermind, Christopher Jeberk. After kidnapping an Augusta bank teller, with two accomplices, and robbing her bank's vault, (while his two accomplices held her family hostage at her parents' home), Jeberk was later captured, but then escaped -- twice! While on the lam, Jeberk and an accomplice committed a number of other bank robberies up along the eastern coast before his re-capture. After his return to Augusta, I asked for, and Jeberk received, a sentence of life imprisonment.

This criminal case was featured on episodes of two popular television crime shows: "America's Most Wanted" and "The F.B.I. Files." I was interviewed for "The F.B.I. Files" episode. Although that program has been cancelled, re-runs of this episode are frequently shown on the Discovery Channel. You can also see it here on Youtube:

www.youtube.com/watch?v=v-NI-wuAljU (There, you can also see what a Goolsby looks like!)

Just Another Typical Investment Fraud and Ponzi Scheme

2011-09-04T14:00:00.000-07:00

[Photo from socyberty.com]

You may have thought you had a bad week. But did you hear about what happened this week to Georgia businessman Jeffrey Wallace Edwards and his company, Frontier Holdings, Inc.?

According to various news reports, Edwards and his company were found guilty in a Rome, Georgia federal courtroom on an indictment charging numerous federal criminal counts, including mail fraud, wire fraud, and money laundering. The charges reportedly centered around on old-fashioned ponzi scheme, or investment fraud scam, in which investors, including thirty retirees, were induced by Edwards to invest their money, with outlandish promises of rates of return, which, of course, never materialized. The news reports indicate that Edwards spent their money, instead, on himself, for vacation cruises, fur coats, and other luxury items.

As a former federal prosecutor, (and currently, as an Augusta, Georgia criminal defense lawyer), I have handled a number of fraud cases like this one. Most of them followed this same pattern.

Edwards will be sentenced later, in accordance with the federal sentencing guidelines. Now, compared to this defendant, don't you realize that your week wasn't so bad, after all?!

A Goolsby "War Story" About Death Threats and Tests of Courage

2011-08-28T10:04:00.000-07:00

[Photo from imfdb.org]

[The following fictionalized account is merely an illustration which is based upon a true story. For instance, the names have been changed to protect the innocent and the guilty!]

You will never forget your first kiss, your first bike, or your first puppy. Well, trust me, you will never forget your first death threat, either! Let me tell you about my first one.

I was a young, wet-behind-the-ears prosecutor in another part of the state when I received my first death threat. A fellow Assistant D.A. and I had begun an investigation of a top cop in one of the counties in that judicial circuit. Simply put, we thought he was a crooked cop being paid off by drug dealers. And we were determined to prove it. The problem was that he knew we were trying to prove it.

My challenge was that, on a daily basis, I still had to interact with this alleged crooked cop. We'll call him Bubba. As the assigned prosecutor, I still had to handle all the criminal cases which Bubba's office had investigated.

Then, it happened. One day, after court, Bubba asked me to stop by his office. He invited me into a back office, offered a chair, and closed the door behind me. At first, we made small talk -- about the weather and about the Georgia Bulldogs. I felt extremely awkward and simply wanted to go.

Finally, I could tell Bubba was getting around to the point. He prefaced his comments by reminding me about a recent death threat made against a popular local judge. In short, a local narcotics officer had been tipped off by a snitch that a drug dealer had targeted the judge for a hit. The story had fired up the local newspapers. For several weeks, the death threat had been the hot topic at the local diners.

But Bubba had a different take on the story -- and a different message. As he began his remarks, he looked straight at me -- no, it was more like straight through me. I will never forget his icy glare. Bubba first pointed out that he didn't put any stock in the death threat supposedly made against the judge.

Then, he added, "Rick, you don't have to worry about the death threats you hear about. It's the threats you don't hear about that kill you. If I ever want to kill somebody, I won't warn them about it. I'll just get me a high powered rifle and blow their f_ _ _ing head off!" That was it! Understandably, I really don't remember any of our conversation after that! But I got the point! And I got out of there as soon as I could, while struggling to maintain my composure!

I learned a number of lessons from this stressful experience. For instance, I learned that you can be courageous even while afraid. I won't lie. I was afraid. I believed Bubba. And after that day, I went on to endure other threats and harassment. But the point is that I didn't back down from continuing the crooked cop investigation. We never caught Bubba. For me, Bubba will always be the big fish in my career that got away! But I never quit doing what I thought was right. I learned that the true test of courage lies in whether or not you persevere in spite of your fear.

I also learned, thanks to Bubba, that, generally, the most serious threats are the ones you never hear about.

Finally, I learned that, like your first kiss, your first bike, or your first puppy, you will never forget your first death threat, either!

A "Joke of the Day" About Lawyers!

2011-08-27T13:32:00.000-07:00

[Photo from scientistdata.info]

After some serious posts, maybe it is time for......A "Joke of the Day" about lawyers! The following joke was told to one of my sons last week by his law professor!

Question: What do you have with 100 lawyers buried up to their necks in sand?

Answer: Not enough sand!

I hope your weekend is going great and that you are not up to your neck in sand!

What Do You Do When You Are Arrested? Shut Up, Lawyer Up, And Remember That Jail House Walls Have Ears!

2011-08-22T09:32:00.000-07:00

[Photo from cityofdelano.org]

What would you do if you, or a family member, were arrested? Here is my perspective. For over 30 years, I have both prosecuted, as a former federal and state prosecutor, and defended, as an Augusta, Georgia criminal defense lawyer, in both state and federal courts. As a result, over the years, I have picked up a thing or two about how our criminal justice system really works.

Trust me, getting arrested and dealing with jails and judges isn't all pretty! Hopefully, no one reading this blog will ever be arrested. But have you ever considered exactly what you should do if the metal bracelets are ever placed on your wrists? Here are just a few practical tips for you to consider:

1. SHUT UP AND LAWYER UP! The first important tip for you to consider is the fact that, when you are arrested, under our Constitution, you have the right to remain silent and the right to consult with a criminal lawyer. The point here is that, generally, you should consider exercising these important rights by shutting up and lawyering up!

2. DON'T TALK WITH ANYONE IN JAIL: Another tip for you to consider is the fact that jails are filled with rats and snitches! In other words, you should avoid talking with any other inmates about your own criminal case!

3. REMEMBER THAT JAIL HOUSE WALLS HAVE EARS: Finally, you should assume, or consider as fact, that jailers often monitor everything that goes on in their facilities. For instance, you should be aware that, generally, jail house telephone calls are monitored and recorded. As a criminal defense attorney, I have even actually experienced a case in which the government improperly listened to a tape recording of a telephone conversation between a lawyer and a client! So, the bottom line is: Remember that jail house walls have ears and that you should watch what you say on the telephone!

Again, I hope you never go to jail! But have you ever considered what you would do if you were arrested?

A Goolsby "War Story" About My Investigation of Corruption in a South Georgia Prison Work Camp

2011-08-13T07:28:00.000-07:00

[Photo from electis.blogs.wm.edu]

One of my proudest career accomplishments happened early in my career when I was a young Assistant D.A. in south Georgia. It involved my investigation of fraud and corruption at one of the county prison camps, or "work farms." The abuses--including thefts by guards and prisoner abuse--are too numerous to list here.

For instance, prisoners told me about witnessing guards loading meat from the work camp kitchen into their car trunks. Also, although money was budgeted for recreational items, there wasn't a single ball of any kind anywhere in the camp! Where did all the money go? Another abuse involved the camp's deplorable solitary confinement cell, which was called "the hole." It was literally a hole dug into the ground, into which rain water, snakes and rats would venture and keep company with the unlucky prisoner confined there.

What could I do? Look, I was a tough young prosecutor. I was no "bleeding heart!" But, in my heart, I knew that the horrendous prison conditions and crimes were unconstitutional and flat wrong!

Although I was just out of law school, and new on the job at the D.A.'s Office, I knew I must do something. But I also soon learned that the local politicians were part of the problem and would not help. Therefore, I decided that the best disinfectant would be to focus the news media spotlight and public scrutiny on the prison problems.

So, with help from a cooperative criminal defense lawyer friend, we essentially utilized a preliminary hearing about a prisoner's escape case to expose the work camp abuses to the news media and public. Over the course of several days, we produced witness after witness who testified about all the fraud and corruption at the work camp! The lawyer for the local sheriff and county commissioners tried to intervene and stop the hearing. But the magistrate judge, who seemed to enjoy the media attention, sustained my objection that the county's attorney had no standing to object! The hearing continued until the public airing was complete. The news media also helped with headline after headline about the prison problems.

Fortunately, this story has a happy ending! After this public exposure, the politicians could no longer hide! The politicians scurried like roaches under an overturned woodpile! Several county commissioners finally got behind an effort to clean up the work camp. A number of prison employees either retired or were fired. Several more were prosecuted by me for theft. The prison kitchen now had meat to serve! Also "the hole" was eliminated!

So, now, I hope you can see why this investigation of public corruption is one of my proudest early career accomplishments!

A Goolsby "War Story:" Strange Things I Have Seen in Georgia Courtrooms!

2011-08-09T08:35:00.000-07:00

[Photo from Wikipedia]

Sometimes, as a former state and federal prosecutor, (and presently, as an Augusta, Georgia criminal defense lawyer), I think I have "seen it all" in courtrooms around the State of Georgia! Here is just a small sample:

1. I once tried a criminal case against a lawyer who wore a pea green leisure suit and gray hush puppies during the trial!

2. I once tried a criminal case in a Georgia courtroom which had brass spittoons strategically located around it!

3. I once tried a case against a lawyer who actually put those courtroom spittoons to good use during the trial!

What unusual things have you seen where you work?!

Criminal Justice Careers and Former Students

2011-08-05T09:28:00.000-07:00

As you may know, we are the Goolsby Law Firm, LLC, Augusta, Georgia father and son criminal defense lawyers (and divorce attorneys). Previously, I was also a federal prosecutor for over 20 years. As an AUSA, I primarily prosecuted white collar crime and public corruption. But there is also another aspect to my career as a criminal lawyer of which I am also very proud! For many years, I have also taught criminal justice courses, part-time, at two local universities, (Brenau University and Augusta State). I sometimes view my teaching gig as a "hobby that pays!"

I also derive a number of other benefits from teaching. For instance, teaching as an adjunct college professor requires me to keep up with the latest criminal laws and policing trends. Also, teaching, part-time, offers me an opportunity to engage in some lively discussions with bright college students about an array of issues related to criminal justice.

Finally, I also enjoy teaching because I get to meet and interact with former students, following their graduation, as they enter the "real world" of ciminal justice, as attorneys, probation officers, juvenile court case workers, and law enforcement officers. I cannot describe the pride I feel when I meet and work with my former criminal justice students! Teaching is an occupation which keeps on giving!

Cemetery Theft and Hot Places In Hades

2011-07-29T08:11:00.000-07:00

[Photo from stockphotos]

Sometimes, it seems like nothing -- not even a cemetary -- is sacred any more. We have posted here before about the growing problem of cemetery thefts. And now, it has happened again. This time, it is in California.

According to various news reports, thieves have stolen approximately 113 bronze vases from graves located in a Newhall, California cemetery. It seems like this is happening all over the country.

As I have concluded before, we can only hope that there is an especially hot place in Hades reserved for anyone who will steal from or desecrate a grave, or cemetery. Sadly, nothing is sacred any more.

Are crimes and criminals getting bolder and bolder? Are there an solutions? Or are we all just going to Hell in a handbasket? What do you think?

A Goolsby "War Story" About Bridges, Trains, and Getting to Court on Time!

2011-07-28T07:18:00.000-07:00

[Photo from babble.com]

As a Georgia trial lawyer and history lover, I have always enjoyed times spent sitting around in court and talking with other (older) attorneys, while waiting for the judge to take the bench. Some of these conversations and "war stories" about the "good ole' days" of practicing law in Georgia are priceless!

One recent conversation involved the topic of the importance of getting to court on time for a trial. After all, you never want to keep a judge waiting! A fellow lawyer, from a nearby town, described his experiences as a young lawyer. He pointed out that the railroad tracks ran between his law office and the local courthouse. Inevitably, a train would always be passing through town whenever he was running late for court. Incredibly, the lawyer said his solution was to park his car, grab his briefcase, jump aboard the moving train, climb down on the other side, and dash off to court on foot!

I recounted my own experience about getting to court on time. As you will see, I took a different, more conservative approach. As a former federal prosecutor, sometimes, I had to travel to federal court in Brunswick, Georgia. The late famous federal Judge Anthony A. Alaimo held court there. The judge, a former p.o.w. during World War II, was well known for holding in contempt any lawyers who were late for court. You never wanted to keep this venerable judge waiting, or cause him to look down from the bench in disfavor at you! As a young lawyer, I was convinced that his piercing eyes, staring down over his eyeglasses, could burn a hole through any disobedient attorney!

Do you recall what happened, in the first Indiana Jones movie, when the Nazi officer looked into the ark of the covenant!? He got zapped! I didn't want to get zapped!

So, here was my dilemma. When staying overnight, prior to his court, in Brunswick, I had a choice to make. I could either stay in town, or stay out at Jekyll Island, a nearby beach. The beach idea was much more appealing! But the problem with the beach idea was that there was a drawbridge located between the beach and town. As a result, if you stayed at the beach, you ran the risk of being late for court, if the bridge was raised to allow a ship to pass through.

I'll be honest here! I was afraid of being late for Judge Alaimo's court! So, I always stayed in town!

What would you have done? Would you have stayed at the beach and risked the judge's ire? (Trust me! You would never want this judge to zap you!) Or would you jump aboard a moving train to get to court on time!? You just never know what you will learn while sitting around in a courtroom and telling war stories with other lawyers!

Another "Big Brother" Example: Automatic License Plate Recognition Devices

2011-07-24T09:07:00.000-07:00

[Photo from Wikipedia]

Look, I am not a conspiracy theorist! And I don't go looking for violations of our freedom and privacy rights under every rock. I am simply an Augusta, Georgia criminal lawyer, and former federal prosecutor, who enjoys practicing law with my son and blogging about criminal law.

But, in my opinion, every freedom loving citizen should be concerned about how new technology is affecting our freedom and privacy rights. In some ways, we are already past George Orwell's 1984. We have discussed in this blog a number of the ways in which the government is already tracking our every move. But have you heard about the latest method of collecting data about your movements?

It is called the Automatic License Plate Recognition device, (or "ALPR"). In other countries around the world where this technology is already being used, it is commonly referred to as the Automatic Number Plate Recognition device, (or "ANPR," for short). Different names, but same scary device!

Simply put, here is how this new policing device, or ALPR, works: Police cars have mounted scanners which capture thousands of tag numbers and store the information in computer data bases, which can almost instantly tell the police if any of the motorists who passed by have any outstanding warrants, alerts, or traffic tickets. But data is stored about innocent motorists, too.

According to Wikipedia, these tracking devices, or ALPRs, have been around for several years and are already in common use in other nations around the world. Now, various police agencies in this country are also implementing their usage. For instance, various news reports indicate that, just this week, the Massachusetts Executive Office of Public Safety has approved grants totaling $500,000 for police departments to utilize ALPRs in that state.

Look, as I have said before, I am no bleeding heart! I am a former career prosecutor. In short, I am a strong advocate of law and order and police professionalism. I can also see the benefits of using ALPRs, for example, in conjunction with Amber Alerts. But part of me also worries about the growing threats to our privacy rights. I believe that, as free citizens in a free nation, all of us should always be concerned about "Big Brother" watching us and about the potential abuses of new technology.

For example, we should discuss ways to prevent the use of such technology to track and store the movements of innocent, law-abiding citizens. Also, as I observed in my last blog post, concerning police monitoring of citizens through coordination of public and private security cameras, we should also be concerned that such devices could be improperly used to track the movements of opposition political parties. Also, do we know whether such policing devices are really all that accurate?

In short, in my opinion, there should be a public discussion about such technology, careful balancing of competing interests, and clear policies implemented, before such policing devices are implemented. But I don't see it happening! And I don't like the idea of Big Brother knowing where I choose to shop, or vacation, or what movies I choose to see! What do you think?

Big Brother is Watching You, Atlanta!

2011-07-21T06:48:00.000-07:00

[Photo from visibility911.com]

This blog is written by a former federal prosecutor. I was an AUSA for over 20 years. Although presently, I am an Augusta, Georgia criminal defense lawyer, I have spent much of my career fighting for crime victims and for law and order. However, in my opinion, not everything done in the name of law enforcement is good. And I will continue to take a stand, in this blog, against over-reaching by the police, politicians, or prosecutors, and against bad laws or practices, which erode our right to privacy or freedoms.

For instance, did you read news reports, earlier this week, that the Atlanta City Council has approved funding for a "video integration center." This proposed center, a $2.6 million recipient of grants from the Department of Homeland Security and the Department of Justice, will coordinate the watchful eyes of public and private security cameras around Atlanta. The camera network will purportedly watch for "suspicious behavior" and help deploy police officers where needed. That idea sounds good.

However, have you ever wondered whether such cameras could also be used to track the movements of law-abiding citizens? Or could cameras be used to follow the whereabouts of members of opposition political parties? Look, my point is that we, as citizens of a free nation, must constantly be alert to any efforts which threaten our shrinking right to privacy. Simply put, security and privacy rights should both be considered.

What do you think?

The Roger Clemens Trial and the Problem of Prosecutorial Misconduct

2011-07-17T06:13:00.000-07:00

[Photo from Wikipedia]

As a former federal prosecutor for over 20 years, (and currently, as an Augusta, Georgia criminal defense lawyer), I believe that most federal prosecutors, (Assistant U.S. Attorneys, or "AUSAs"), are good, decent, and honorable attorneys. But in every profession, including among AUSAs, there are a few who will always try to cut corners, or step over the line, in order to win. Doesn't it seem that prosecutorial misconduct seems to occur more and more frequently, especially in federal trials, around the country? While I am not suggesting that the prosecutors in any of the following illustrations are in any way corrupt, or "bad apples," allegations of prosecutorial misconduct have certainly been raised in each of the following cases. You decide about the alleged misconduct in each case.

For instance, no matter what you may think about the jury's verdict, you will recall that, in the recent Casey Anthony trial, the prosecutor was seen laughing, or smirking, during the defense lawyer's closing arguments. In my opinion, there is no excuse for such misbehavior in the courtroom by prosecutors, but it happens more than you might realize. Of course, I have no idea whether or not it had any impact at all on the jury's verdict.

Also, you will recall that the federal fraud conviction of Alaska's Senator Ted Stephens was thrown out, based upon prosecutorial misconduct. In that case, the allegations centered around the government's withholding exculpatory evidence and witnesses from the defense, which, if properly revealed, might have resulted in a not guilty verdict for Stephens. In my opinion, this type is an example of prosecutorial misconduct at its worst.

Finally, just this past week, a federal judge declared a mistrial in the perjury and obstruction trial of former baseball great, and seven-time Cy Young winner, Roger Clemens. Once again, the mistrial was based upon possible misconduct by federal prosecutors. In this case, Clemens is accused, among other things, of lying at a Congressional hearing about whether or not he had ever used performance-enhancing drugs. According to news reports, another former baseball pitcher, Andy Pettitte, is expected to testify that Clemens had allegedly admitted to him that he had used human growth hormone. Supposedly, Pettitte had told his wife, Laura, about the alleged admission. But, as to Laura, that would be hearsay, so the federal judge in Clemens' case had previously ruled that prosecutors could not use her hearsay testimony to bolster Andy Pettite's testimony.

However, according to news reports, what the judge had forbidden is exactly what federal prosecutors did this week! Specifically, the government played a videotape for the jury of a congressional hearing in which a congressman referred to Laura Pettitte's hearsay statement! Understandably, the judge reportedly got upset! He excused the jury and declared a mistrial!

A hearing has been scheduled by the judge for September to decide whether or not Clemens can be re-tried after the government's mistake. Naturally, Clemens' criminal defense attorneys will claim that the prosecutorial misconduct was either grossly negligent, or intentional. His defense team will also raise double jeopardy as a defense against a retrial. The government will, no doubt, claim that the mistake was unintentional and ask for another chance. It remains to be seen how the judge will rule.

Again, I believe that most prosecutors, including most AUSAs, are good, decent, and honorable public servants. But I also know that prosecutors are human and that mistakes occur. Moreover, I also believe that some prosecutors are willing to step over the line, in order to win a criminal case.

What do you think?

Computer Crime, Phone Hacking, and News of the World

2011-07-11T05:57:00.000-07:00

[Photo from Wikipedia]

One of the recurring themes of this blog about white collar crime is about the rise of various types of computer crimes. In short, as a former federal prosecutor, (and as an Augusta, Georgia criminal defense lawyer), I have witnessed in my career that computers and the internet have opened a whole new world to con artists and other criminals. It seems it is only a matter of time that all of us will eventually become victims of identity theft or some other type of computer crime.

Another recurring theme of this blog involves the threat which modern technology presents to our right to privacy. For instance, you can't even go out to get a cup of coffee in this country any more without being watched by Big Brother. (Just think about all the ways you would be watched, or detected, if you visit your local Starbucks!)

But have you heard the news about the burgeoning phone hacking scandal in Great Britain? On Friday, according to various news reports, Andy Coulson and Clive Goodman, two former editors of the popular tabloid, News of the World, were arrested and charged with alleged phone hacking and corruption charges. Of course, they are each entitled to their day in court. The hacking charges reportedly center around allegations that the phone, or voice mail, of a murdered teenager and phones of families of soldiers killed in action were hacked for salacious news stories. As a result, yesterday, the last edition of the tabloid was produced. In short, the tabloid's owners, which include the family of news magnate Rupert Murdoch, pulled the plug on it.

Hopefully, this scandalous news story will serve as a warning to other potential computer and telephone hackers "out there." It will be interesting to watch as the events in this story continue to unfold! For now, I suppose I should put on a disguise as I go out for a cup of coffee! After all, Big Brother is still watching!

The Widespread Atlanta School System Cheating Scandal

2011-07-06T06:41:00.000-07:00

[Photo from kvnf.org]

White collar crime comes in many forms. Put another way, there are more types of white collar crime than Jiffy Pop has popcorn. And sometimes, it appears that such crime is just about as widespread as popcorn, too.

This point was illustrated again this week by reports from Georgia's Governor Nathan Deal about widespread cheating in the Atlanta public school system. According to a report from the Georgia Bureau of Investigation, agents identified a whopping 178 school teachers and administrators who allegedly cheated on students' CRCT test scores, in order to "improve" their schools' test performances. Reportedly, incorrect answers on students' tests were erased and changed by teachers and administrators. Reported improvements in recent years in the Atlanta public school system's test scores had led to raves about school administrators. Also, improvements in test scores had led to increased grants and funding from public and private sources. But now, all of the accolades and reported improvement are seriously in doubt.

Look, I am just an Augusta, Georgia criminal lawyer, not an educator. It is not the goal of this post to address why such cheating occurs. But, in your opinion, is there too much pressure or emphasis put on such school achievement tests? Or is that just an excuse? And what should happen to teachers who (if it can be proven) actually cheated? Should they be fired and prosecuted? What is your opinion?

But the point of this post is to show again that cheating, fraud, and other forms of white collar crime occur in many different ways. And some white collar crime, as shown in the Atlanta school cheating scandal, is as widespread as Blue Bonnet butter on Southern biscuits!

Lessons From the Casey Anthony Verdict

2011-07-05T11:39:00.000-07:00

[Photo from Wikipedia]

Just moments ago, a Florida jury announced its verdict of not guilty for Casey Anthony in the alleged murder of her two year old daughter, Casey. As a former prosecutor and criminal lawyer for more than 30 years, I have learned, long ago, that you just never know, or can guess, what a jury will do. Ms. Anthony was also found guilty of several counts of making false statements to law enforcement officers. But again, she was acquitted on the most serious murder and manslaughter charges related to her daughter's tragic death.

What do you think about our jury system, or this case?

Pork Chops, Partying, and Paramours: Motives in Criminal Cases

2011-07-05T10:37:00.000-07:00

[Photo from myrecipes.com]

Can you imagine murdering someone over a pork chop!? As a former federal and state prosecutor, (and currently, as an Augusta, Georgia criminal defense lawyer), I have always been amazed at some of the motives, or reasons, why criminal defendants committed various crimes. For instance, we have recently seen, in the Casey Anthony murder trial, a lot of evidence offered by the State concerning why she allegedly murdered her daughter, Caylee Anthony. The state's evidence of motive reportedly centered around Casey Anthony's alleged desire to kill her daughter, so she could return to a single, partying lifestyle. Of course, the defense attorneys deny such proof of motive existed.

But as a former prosecutor and criminal attorney, I have seen many other, even stranger, motives for crimes. For example, as alluded to above, I once prosecuted a man for murdering his son because the son had come home from work and eaten the last pork chop which the father had cooked.

Also, as a former Assistant U.S. Attorney, I once prosecuted a greedy bookkeeper for stealing elderly nursing home patients' money, so she could satisfy her clothes shopping addiction.

Finally, in one of my strangest murder cases, I also once prosecuted a father for murdering his daughter's paramour, because of jealousy. Incredibly, the father, who had had an intimate relationship with his adult daughter, simply wanted to eliminate his competition for her favors and affection.

Perhaps there are as many motives for crimes as there are crimes. Don't you agree? Have you ever heard or read about any unusual motives for crimes? By the way, I claim the last pork chop!

The Casey Anthony Murder Case and Predicting Jury Verdicts

2011-07-04T12:44:00.000-07:00

[Photo from visitahc.org]

As I am writing this post, the jury has been out for several hours while deliberating in the Casey Anthony murder trial. With little more to report, various television news programs are presently featuring criminal lawyers and former prosecutors who are all trying to predict what the Anthony jury will do. But does anyone really know the particular verdict which this, or any, jury will return?

The straight, simple answer is "No!" No one, not even the criminal defense lawyers and prosecutors who have just given the closing arguments can really guess what the jury will do. Jury deliberations are, of course, done in secret. And that is the way it should be.

Of course, sometimes, as an Augusta, Georgia criminal defense attorney, (and as a former A.U.S.A., or federal prosecutor), I can tell if jurors are making good eye contact with me, or otherwise paying close attention to me, during closing argument. The lawyers in the Casey Anthony case will also know how well each side of the case was presented to the jury.

In other words, the lawyers may have hunches. But that's about it. Trust me, nobody, not even the lawyers in the case, really, truly knows what is going on in the jury room! In short, jury deliberation privacy is one of the wonderful things about our criminal justice system! We, including the public, the lawyers, and the defendant Casey Anthony, will all know the jury's verdict soon enough.

Closing Arguments in Criminal Cases: How Long or How Short Should They Be?

2011-07-03T09:19:00.000-07:00

[Photo from Wikipedia.org]

As you may know, as a former state and federal prosecutor, and currently, as a criminal defense lawyer, I have prosecuted, (and now defended), literally hundreds of jury trials over the years. Today, I want to talk a little bit about the length of closing arguments. In other words, how long or how short should they be? Put another way, do you believe that juries of today have the same attention span as juries of one hundred years ago?

As I am writing this post, I am listening to the closing arguments in the Casey Anthony murder trial. It is expected that the closing arguments in this high profile trial will last only a couple of hours each.

But did you know that, years ago, closing arguments often lasted for many hours, or even for days? For example, in 1913, during the infamous Georgia trial of Leo M. Frank for murdering Mary Phagan, the closing argument of Solicitor General Hugh Dorsey lasted a whopping nine hours! This was not unusual!

Today, on the other hand, closing arguments seldom last longer than in the Casey Anthony murder case. Why? How are jurors different today? Here are my guesses. One reason, in my opinion, is that the psyche, or expectation, of today's juror is much different than the juror of one hundred years ago. The pace of life was also slower then. Also, back then, jurors were conditioned or accustomed to long sermons from long-winded politicians and preachers. Maybe they just expected the same down at the courthouse.

But in our fast-paced, instant messaging society of today, jurors simply expect to receive more information much more quickly. Arguably, our attention spans are shorter today, too. For instance, jurors today expect every t.v. drama to be solved within the hour and before the last commercial!

Regardless of the reasons, closing arguments in today's criminal cases will never be as long as in cases tried one hundred years ago. But perhaps we are all better off! Can you imagine having to sit still and listen to any lawyer for nine hours today!? What do you think?

Lessons from Blago's Case: Former Governor Rod Blagojevich Convicted on 17 Counts

2011-06-27T12:52:00.000-07:00

[Photo from Wikipedia]

Today, various news reports indicate that former Illinois Governor Rod Blagojevich was found guilty on 17 felony counts in federal court. The charges include conspiracy, soliciting a bribe, and wire fraud. The charges relate, among other things, to Blago's attempt to sell the U.S. Senate seat of former Senator Obama, after the latter became president. Blago was also reportedly found not guilty on one count by the federal jury, which also could not agree on two other remaining counts. Sentencing will be held at a later date.

Here's my take on the verdict, as a former federal prosecutor and, currently, as an Augusta, Georgia criminal defense attorney. First of all, it appears that the federal prosecutors made a wise move by streamlining the case. For instance, since the last trial, last year, which ended in a hung jury on most counts, the prosecution dismissed a number of counts, (including a complex RICO count), and made the criminal case much easier for the jury to digest. No doubt the government also learned from their experience in the last trial about who made good, credible witnesses and who did not.

Finally, it is interesting to note that, in the last trial, Blago elected not to testify and he clearly did much better than in this trial, in which he testified. Some criminal lawyers believe a jury will often hold it against a defendant who elects not to testify. However, perhaps this trial illustrates that each case is different and that, sometimes, it may be best for a defendant to elect to stay off the stand.

What do you think about a defendant's decision not to testify? Would you hold it against him or her for not testifying, even though the judge will instruct you not to do so?

Of course, perhaps another lesson to be learned from Blago's case is that, if you are a politician, you shouldn't try to solicit a bribe in exchange for a political favor!

What do you think about the result in the Blago case? Is the problem of political corruption better or worse today than in the past?

Don Lepre, Fraud, and Lessons About Missing Court

2011-06-24T10:41:00.000-07:00

[Photo from dailymail.co.uk]

As a former federal prosecutor and, currently, as an Augusta, Georgia criminal defense lawyer, I can tell you that one important lesson I have learned about criminal cases is that -- no matter what else happens -- you must always show up at court on time. You must never keep a judge waiting!

Well, according to news reports, Mr. Don Lepre, the so-called "King of Infomercials," has apparently never learned this lesson. Lepre has reportedly now been arrested in Tempe, Arizona by U.S. Marhals after missing his arraignment, which was scheduled for earlier this week in Phoenix. If he had appeared in court, Lepre had reportedly been expected to enter a not guilty plea to federal fraud charges.

The fraud charges, including conspiracy, mail fraud, wire fraud, and money laundering, reportedly revolve around Lepre's business, the "Greatest Vitamins in the World." The indictment alleges, among other things, that numerous victims were promised money which they never received for selling vitamins. Of course, Lepre has a right to enter a not guilty plea and a right to a jury trial.

But first, Lepre apparently must learn to show up at court! And I am quite confident that a federal judge will now teach him this important lesson and ensure he shows up from now on!

A Smug Mug Shot: The John Edwards Federal Case

2011-06-18T09:50:00.000-07:00

[Photo from yahoo news]

Who is this man? How can he actually smile for a mug shot? What does John Edwards know that you and I don't know about his federal criminal case? Here is my take!

As you may know, I am a former federal prosecutor, for over 20 years, here in the Southern District of Georgia. Presently, I practice as a criminal defense lawyer in Augusta, Georgia with my oldest son. I have tried some of the largest, most complex criminal cases in Georgia history.

As you may also know, fromer Senator John Edwards faces federal criminal charges in connection with his alleged use of presidential campaign funds to help conceal his relationship with his girl friend, Rielle Hunter, (and mother of his love child).

I had predicted that Edwards would be indicted, but I never would have predicted the federal indictment would take so long to occur. Nor would I have guessed that Edwards would flash his famous smile during his mug shots!

So, why might Edwards be smiling? What does Edwards know that others don't know?

Here's my next prediction! I predict that John Edwards stands a good chance of being acquitted by a federal jury on his alleged campaign violations. Here is why:

As I have indicated before, in my experience, as a criminal lawyer, any time a criminal defendant can admit the act, but deny the intent, (or mens rea), he or she stands a decent chance at an acquittal. That is generally the best defense in many criminal cases, in my opinion. Also, in this case, the government appears to have, at best, a technical reporting kind of case. In other words, no matter how you might feel about Edwards' infidelity while his poor wife was dying, in this criminal case, he is not charged with adultery. He is primarily charged only with technical campaign reporting violations.

In addition, a sound argument might be presented, in his trial defense, that the funds utilized (to help his girl friend), were not campaign donations at all. Instead, it appears that the funds were merely a gift from a wealthy, elderly friend. Finally, as another reason for my prediction here, I don't discount the fact that Edwards is a charmer--after all, he is a former successful trial lawyer and politician!

So, no wonder John Edwards is smiling in his mug shot! Whether you like it or not, he might be acquitted! It will be interesting to see if he is still smiling, down the road, when the jury announces its verdict! What do you think?

Movies About White Collar Crime: Psycho

2011-06-15T12:03:00.000-07:00

[Photo from extramina.com]

What are your favorite movies about white collar crime? One of my favorites is the Alfred Hitchcock classic movie, Psycho, starring Janet Leigh and Anthony Perkins, as the infamous Norman Bates. You might not have considered this horror classic to be a movie about white collar crime. But, in one sense, the plot actually revolves around it. You will recall that Ms. Leigh's character ended up at the Bates Motel after she had embezzled $40,000 in cash from her employer. Of course, thereafter, what Norman Bates did to her was certainly not a white collar crime!

Again, what are some of your favorite movies which involve white collar crime?

Federal Agents Raid Home Over Student Loan Default?

2011-06-08T12:23:00.000-07:00

[Photo from chroniclelive.co.uk]

What in the world are the feds up to in Stockton, California? Various news reports indicate that, early yesterday morning, at about 6 a.m., federal agents, accompanied by a SWAT team, allegedly kicked in a front door and raided the Stockton, California home occupied by a father and his three kids. The father, Kenneth Wright, reportedly told the news media that he was man-handled and handcuffed while in his underwear and that he and his kids were then held in the back of a police car for several hours while agents searched his home. No doubt, the poor children were probably scared to death.

According to reports, the federal agents were reportedly looking for the man's estranged wife, (who was reportedly not at the home), and for evidence related to her alleged student loan default. According to news reports, the agents conducting the raid, (which is NOT depicted in the above illustrative photo), were from the Department of Education, Office of Inspector General. (Did you know that virtually every federal government agency has its own law enforcement wing, or component?)

Again, I ask, what in the world is going on here? Doesn't this raid, along with the harsh manner in which it was apparently conducted, seem just a bit extreme? This matter appears to be, at the least, a civil matter, and, at the most, a non-violent white collar crime.

Look, as you know, I am currently an Augusta, Georgia criminal defense lawyer. But for over 20 years, I was a federal prosecutor. In my opinion, as a former federal prosecutor who approved, or assisted agents with, numerous search warrants over the years, at this point, I submit this raid appears ill-conceived and half-baked. In fairness, one can only hope that there are more (undisclosed) facts which would somehow justify this otherwise excessive police action. What do you think?

But the U.S. Department of Education isn't "educating" the public yet about what happened, or why it happened. Again, perhaps we will learn more facts, or some justification, later. It will prove interesting to see what happens next. In the meantime, please don't get behind on your student loan payments!

What do you think?

A "D-Day" Tribute: June 6, 1944

2011-06-06T07:42:00.000-07:00

[Photo from metmuseum.org]

As you know, we are divorce lawyers in Augusta, Georgia. I am also a former federal (and state) prosecutor in Augusta. Currently, I am a divorce attorney and criminal defense attorney in Richmond and Columbia County, Georgia.

Maybe some of you assumed that the above caption, which refers to "D-Day," meant that this is "divorce day." Actually, most of you probably know that "D-Day" refers to that important date, June 6, 1944, during World War II, when the allies landed on the coast of Normandy, France in the largest amphibious invasion in world history.

My late father was one of many brave Americans who fought on that morning at Omaha Beach. He was a medic and a member of the fighting Seabees. One can only imagine the horrors which he and others experienced there, sixty-seven years ago today. On this date, and every day, I am very grateful and very proud of him and all the other brave young men who fought for our freedom. We must never forget their devotion and sacrifices for all of us.

School Boards And Rigid Zero Tolerance Policies Strike Again!

2011-05-19T07:36:00.000-07:00

[Photo from Wikipedia.org]

Today, I feel the need to climb back up on the soapbox and protest against school systems' "zero tolerance policies!" Following the tragedy at Columbine, many school boards around the country have, in my opinion, over-reacted by enacting overly rigid zero tolerance policies concerning situations in which students bring toy guns to school. Simply put, if the kid violates the policy, by bringing any toy weapon to school, (no matter how small), he or she gets zapped -- i.e. suspended and/or prosecuted. No room for discretion, (or common sense), is allowed. In my opinion, such lame-brained policies have led to some absurd results.

For example, have you read the news reports this week about the 9 year old Palmer, Massachusetts elementary school boy who was referred to juvenile court after taking a plastic gun on a school bus? The kid reportedly forgot the toy was in his jacket pocket! But school officials, in my opinion, exercised poor judgment, and discarded their discretion and common sense, by making a criminal case out of it!

But the list of such absurd cases goes on and on! For example, another 9 year old boy in New York recently faced suspension, according to various reports, simply because he took a toy policeman holding a two-inch gun to school. And I will bet you all will also remember the reported case of the little girl who got into trouble simply because she had a plastic butter knife in her lunch box!

This is outrageous! Look, as a former state and federal prosecutor, I realize that, generally, the criminal laws must be enforced. And I also know that we cannot afford to have kids taking dangerous weapons to school. But, in my opinion, these cases demonstrate that zero tolerance policies are not the right answer! Instead, school systems should use a little common sense by affording school officials more leeway to simply tell a kid, "Hey, hand me that toy. You can pick it up after school. Don't bring it back here again."

Now, I feel better! I can climb down from my soapbox! What do you think?

The Goolsby Law Firm "Brag Board"

2011-05-15T10:06:00.000-07:00

[Goolsby Law Firm]

I hope you don't mind if I, as a proud father, boast a little bit again today about my four children! As you may know, currently, I practice law in Augusta, Georgia with my oldest son, Richard H. Goolsby, Jr. At the Goolsby Law Firm, LLC, we handle divorces, child custody, step parent adoptions, and many other types of family law matters, along with personal injury cases, and other general litigation. In addition, because I am a former federal and state prosecutor, we also handle criminal defense in federal and state courts. (I am the only former 20 year federal prosecutor in Augusta, Georgia). In other words, the former prosecutor is now a criminal defense attorney and divorce lawyer!

But that's enough about me! Today, I want to brag about the fact that my third son just graduated, summa cum laude, from the University of Georgia. Also, he has been accepted and will begin his first year of law school at UGA in the fall. In addition, my second son has just completed his second year of law school at another outstanding Georgia law school, at Mercer University. Both my second and third sons plan to join my oldest son and me at the Goolsby Law Firm when they have completed their legal studies! We will truly be a family law firm! Finally, we are also very proud of our daughter/sister who is graduating this week from high school. She is arguably the wisest member of our family because she is our only child/sibling who does not want to become a lawyer!

Hedge Fund Manager Raj Rajaratnam Convicted of Insider Trading Charges

2011-05-11T15:43:00.000-07:00

[Photo from The Hindu]

New York federal prosecutors are no doubt still running their victory laps this evening after a United States district court jury reportedly returned guilty verdicts today on 14 counts involving insider trading against Raj Rajaratnam, a multi-millionaire hedge fund manager. According to various news reports, the government relied heavily on wiretap evidence, including conversations in which Rajaratnam allegedly bragged to others about insider trading, in order to obtain the convictions on security fraud and conspiracy charges.

Insider trading generally involves buying or selling stock in publicly held companies while benefitting from "inside" tips or information about the stock's value which is unavailable to the public. You might recall that the Martha Stewart investigation began based upon allegations of insider trading. According to the U. S. Department of Justice, this is supposedly the largest insider trading case involving a hedge fund in U.S. history.

As a former federal prosecutor, I can tell you that these government prosecutors were lucky to have wiretap evidence in this case. This evidence undoubtedly turned a complex white collar crime case into something more easily digested by a jury. No doubt Rajaratnam's criminal defense attorneys will appeal his convictions. Also, sentencing will reportedly be held at a later date.

Internet Fraud: More Scams Than Quaker's Got Oats!

2011-05-07T11:24:00.000-07:00

[Photo from savingeveryday.com]

No one needs to educate you about the fact that the internet is overrun with countless con artists whose sole desire is to lure your money away from you with countless types of fraudulent schemes! You already know that! Indeed, there are more investment fraud scams, telemarketing schemes, fake sweepstakes scams, and bogus lotteries -- more fraudulent internet scams of all kinds -- than Quaker's got oats! And that's a lot of oats!

But did you know that lawyers, like the elderly, are also frequent targets of internet con artists on the prowl? While I haven't seen any statistics, I can attest that, quite often, we at The Goolsby Law Firm, LLC, located in Augusta, Georgia, receive email containing offers that are "too good to be true" from criminals around the world. For example, today, I received an urgent inquiry from a man, (who claimed to be from Malaysia), who alleged he desperately needs an American law firm to collect hundreds of thousands of dollars owed to his company. On other occasions, we have received similar email requests to help collect large sums supposedly owed to parties who have divorced and whose husbands remain in this country. In each case, the hook might be a little bit different, but the goal is the same. Of course, in each case, the con artist simply wants to obtain our bank account information -- that is, if we ever bite down on their tempting hook!

How should we respond? Part of me wants to respond by telling them what I really think of them! I also want to scare them about the fact that I am a former federal prosecutor and that I have turned them in to the F.B.I. But then, I realize that the best course of action, in this situation, is probably to simply ignore and delete the fraudulent emails. I realize that the F.B.I. is too busy to investigate so many internet fraud scams. After all, as I have concluded, there are more internet scams "out there" than Quaker's got oats!

What do you think?

A New White Collar Crime in Georgia Series: "You Be The Prosecutor!"

2011-05-01T14:17:00.000-07:00

[Photo from Suite101.com]

Okay, today, we are going to start a new (occasional) series in this blog about white collar crime! It is called: "You Be The Prosecutor!" As many of you know, before I became an Augusta, Georgia criminal defense attorney, I was a state and federal prosecutor for much of my legal career. As a former federal prosecutor, for over 20 years, I was required to make many decisions, based upon many different fact patterns, about who should or should not be charged with a crime. In white collar crime cases, such decisions can be especially difficult to make.

But now, it is your turn! YOU be the prosecutor for a day! Let's see what you would do, and who you would investigate, or charge, if anyone, in the following (totally) fictitious fact pattern! Here are the "facts:"

A serious fire has occurred one night at a local textile mill. Tragically, fourteen employees were unable to get out of the mill when aging mill machinery caught on fire and panic ensued among scores of mill workers. Several fire extinguishers and the water sprinkling system had not been properly maintained and did not work. The fire marshal's report also indicates that several employees located near fire exits were unable to get out the nearby exits because the exits had been padlocked by the mill manager months earlier. The mill manager indicated that he had been forced to padlock all fire exits in order to address a problem with thefts by unidentified mill employees.

The mill is owned by an investment company composed of three individuals who live out of state. Several email messages indicate that the mill owners were ill-informed about the aging mill's conditions, but had expressed a desire that any new safety measures or inspections would have to yield to the bottom line.

Okay, You Be The Prosecutor! What would you do? Who, if anyone, would you make a target of a grand jury investigation (and why)?

A Right To Counsel Or A Right To One Phone Call?

2011-04-29T08:34:00.000-07:00

[Photo from telephone-directory.info]

We have seen it in all the movies and t.v. crime shows: A citizen gets arrested by the police and immediately demands his or her "right to one phone call!" But have you ever considered the fact that the United States Constitution actually does NOT give you the right to a phone call. Instead, the Sixth Amendment actually gives you the right to counsel and, in order to exercise that right, as a practical matter, it generally becomes necessary to use a telephone to call (and retain) a criminal lawyer.

So, if, God forbid, you get arrested, please don't demand your "right" to one phone call! Instead, ask if you may use the telephone in order to call a lawyer. After all, if you only have the right to just one telephone call, what will you do if all the phones at The Goolsby Law Firm, LLC are busy?!

The Police, Data Extractions Devices, and Our Shrinking Privacy Rights

2011-04-22T13:39:00.000-07:00

[Photo from cbsnews.com]

This has not been a good week for lovers of freedom and the right to privacy! First of all, we learned from various news reports that Apple's iPhone gathers easily accessed data about everywhere the phone user has been. I reported on this news story yesterday in my divorce law blog. (http://www.divorcelawyerinaugustageorgia.blogspot.com/) There, I focused on the point that divorce lawyers may start seeking iPhone records in order to prove adultery in divorce cases. I also pointed out the potential for abuse of this new technology by over-zealous police officers in criminal investigations.

[Photo from celebrite.com]

Then, yesterday, we learned from various news reports, that the Michigan State Police have obtained another new device, called data extraction devices, ("DEDs"), which could also lead to some dangerous possibilities, in the eyes of freedom lovers everywhere. DEDs, as shown above, are portable devices which are designed to download personal information from cell phones. Apparently, DEDs will bypass any security feature on your cell phone and gather all the data on it. According to news reports, the Michigan ACLU has written the director of the Michigan State Police to see whether or not police there have been snooping and surreptitiously gathering text messages, telephone numbers, photos, and even GPS information from citizens' cell phones during routine traffic stops. If so, in my opinion, this would clearly violate the citizens' right to privacy and Fourth Amendment rights. The police agency has reportedly denied that any unauthorized snooping has occurred. But one can only wonder, then, why have the Michigan police obtained the DEDs in the first place?

So, don't you see, this has not been a good week for lovers of freedom and the right to privacy! What is your opinion about these news stories?

Former Baseball Star Lenny Dykstra Accused of Bankruptcy Fraud

2011-04-16T08:40:00.000-07:00

[Photo from deathby1000papercuts.com]

Did you know that it is a federal crime, called bankruptcy fraud, punishable by up to five years in a federal prison, to conceal or dispose of assets which are a part of your bankruptcy estate? Well, former baseball star Lenny Dykstra learned about this serious federal offense when he was charged this week with bankruptcy fraud. According to various news reports, a federal complaint, (or charge), was filed against Dykstra in which it is alleged that he secretly sold, or disposed of, $400,000 worth of household furnishings and artwork, after he had filed for bankruptcy.
The former Philadelphia Phillies and New York Mets star was reportedly being held on a $500,000 bond. (As a former federal prosecutor, and currently, as an Augusta, Georgia criminal defense attorney who frequently handles criminal cases in federal court, this one-half million dollar bond appears to be far too high, in my opinion). Hopefully, Dykstra's criminal lawyers will be able to obtain a bond reduction for the former baseball All-Star.

Also, it is important to emphasize that, simply because the government has accused Dykstra of this felony offense, he is, at this early juncture, entitled to a presumption of innocence. After all, as a wise old judge once reminded me, "Richard, sometimes they ARE innocent!"

White Collar Crime, Problems of Proof, and the Meat We Eat!

2011-04-15T09:49:00.000-07:00

[Photo from Healthsignal.net]

An article in today's New York Post illustrates an interesting problem in white collar crime prosecutions. The article deals with the problem of the presence of drug-resistant staph bacteria reportably being found in nearly one-half of sampled meats found in grocery stores. Laying aside the merits of this story, the issue which this situation illustrates, for me, as a former federal prosecutor, is that, often, it is difficult, in many white collar crime cases, to know who to go after and who to try to prosecute when fraud or corruption occur.

For instance, in this type of case, assuming that misconduct appears to exist, involving allegedly tainted meat, who would you investigate or try to lock up? The rancher? The meat processor? The butcher? Someone else in the food distribution chain? Or, none of the above, because it would be too difficult, if not impossible, to hold any particular party responsible, criminally, for harm done to consumers. In some criminal cases, it takes a whistleblower, such as a meatpacking plant employee, to come forward and "blow the whistle" on alleged improper practices, in order to jump start a criminal investigation.

Of course, other potential problems also exist in developing such cases, too. For example, generally, the government would be required to prove that the tainted product caused the harm, or injury. Also, in many cases, just as in environmental pollution cases, the harm to consumers might not be discovered until many months, or even years, later. By then, the "bad guys," and the proof, are long gone!

Again, let me emphasize that no one has suggested any criminal wrongdoing on anyone's part in this particular story. It is offered here only as an illustration. But I hope that you can see some of the difficulties inherent in proving some white collar crime cases. Unlike homicides or robberies, which are releatively easy to prove, in contrast, white collar crime can often be difficult to ferret out.

Hamburger, anyone!?

The Barry Bonds Case: A Few Observations By A Former Federal Prosecutor

2011-04-14T05:46:00.000-07:00

[Photo from Wikipedia]

I guess all of you have read about the conviction yesterday of baseball record holder Barry Bonds. According to various news reports, Bonds was found guilty in a federal court in San Francisco on only one count of obstruction of justice. The jury reportedly deadlocked on the three remaining counts of perjury.

Look, you can get a lot of sports analysis all over the web about the impact of this criminal case on baseball. But here are a couple of my own observations about the case, from my perspective as a criminal defense attorney, (and as a former federal prosecutor for over twenty years).

First of all, did you notice in the various news reports that some of the jurors hung around the courthouse, after the verdict, so that they could be interviewed by reporters about the case? Have you also noticed that, ever since the O.J. Simpson murder trial, after every high profile trial, some jurors now seem to relish the spotlight? Is that really a good thing about our criminal justice system?

Also, have you noticed that, after every criminal trial, some reporters stack, or add up, the maximum potential years of imprisonment which the defendant might get? In this case, some reporters are touting that Bonds now faces up to ten years in prison on the obstruction count. The reality is that, in federal court, sentencing is tied to the federal sentencing guidelines and that Bonds probably faces no more that a year or so, (if that much), in prison, at worst.

Finally, here is just one more observation. Have you noticed how many years this case took to arrive at this juncture? And have you also realized that prosecutors, who have now spent probably many millions of tax dollars on this case, and who reportedly had begun this investigation with twenty allegations, and then had recently whittled it down to just four charges, have now ended up with just one conviction on one count? While Bonds' defense attorneys probably shouldn't be doing a victory dance this morning, neither should the government lawyers, either, in my opinion!

What do you think?

A Goolsby "War Story:" A Lesson Learned About Flies!

2011-04-11T10:03:00.000-07:00

The strangest things can happen in a courtroom. And you never know what lessons you can learn from trying a criminal case. Consider the following true story from my early days as a state prosecutor.

As a young prosecutor, I once helped another Assistant D.A. try a case. The other Asst. D.A., Bob Smith, had agreed to make the opening statement to the jury. I sat and watched at the prosecution table. Sheriff's Deputy Clarence Jones served as court security officer that day. Deputy Jones sat in front of the judge's bench, a few feet to the right of where Bob stood, at the lecturn, while Bob made his opening statement. Bob was well into his remarks when I noticed that Deputy Jones had written something and appeared to be sliding a notepad out onto the desk in front of him. He appeared to be trying to push the pad into Asst. D.A. Bob Smith's line of sight. Finally, the notepad must have caught Bob's eye, because, in a pireoutte worthy of actress Natalie Portman in The Black Swan, Bob turned away from the jury box, mid-sentence, zipped up his pants, and then immediately swiveled back to continue his opening statement! Bob never became disheveled and never skipped a beat! He completed his opening statement without further incident. I was impressed! We ultimately won our case!

Can you guess what Deputy Jones had written on the notepad? He had simply written, "Hey, Dumb A**, your fly is open!"

As a young prosecutor, I learned several lessons from this incident. For instance, I learned that, no matter what happens, (even if your pants are falling on the ground), a trial lawyer should always remain cool, calm, and collected. Finally, I also learned that smart trial lawyers always check their flies before entering a courtroom!

Whistleblower Nets $4.5 Million Award From The I.R.S.

2011-04-08T11:20:00.000-07:00

[Photo from the examiner.com]

Did you know that you could make alot of money by blowing the whistle on fraud or corruption? According to various news reports, a Cincinnati accountant has just been awarded a whopping $4.5 million by the I.R.S. for his role in blowing the whistle on alleged tax cheating by a financial services company.

Whistleblowers have received awards in the past from various state and federal agencies, usually for reporting fraud in the healthcare or defense industries. But this is reportedly the first case in which the Internal Revenue Service has made an award through its new I.R.S. Whistleblowers Office.

Of course, please don't get the incorrect impression that whistleblowing is easy, or that there are no negative consequences. Sometimes, whistleblowers lose their jobs, their good names, and, in some cases, even their lives. If you work in a situation in which you are aware of fraud or coruption, then I would recommend that you contact an attorney before blowing the whistle. Not only can a lawyer advise you about your legal rights, but also about how to properly inform the authorities and how to handle a whistleblower's lawsuit, so that you will be in a position to potentially reap your just reward!

Police Officers And Pepper Spraying Little Kids

2011-04-06T07:23:00.000-07:00

[Pepper spray can photo from thegunsource.com]

Okay, today, I have decided to climb back up on my soapbox to complain about a growing trend in some police departments! It involves the occasional misuse, in my opinion, of tasers and pepper spray on kids. In particular, I want to rant today about the Colorado police officer's decision to use pepper spray to subdue an 8 year old second grader. You probably have read or heard about this incident in which the kid apparently went berserk in class and reportedly threatened his teacher and later, the police, with a piece of wood.

Look, every situation is different. Moreover, we should all recognize the dangers and difficulties inherent in police work. Police officers must often make snap judgment decisions about how to defuse dangerous situations. However, in my opinion, this particular situation, and this particularly small child, did not warrant the use of (what I consider to be) excessive force to subdue him. Arguably, other methods should have been tried first.

Please don't think that, just because I am a criminal defense lawyer in Augusta, Georgia, I have gotten soft or developed an anti-law enforcement attitude. Nothing could be further from the truth! I have always been supportive of law enforcement. Also, please remember, I was a prosecutor, (state and federal), for most of my legal career and I still have many friends in law enforcement!

But check it out for yourself! In other words, if you want to test my opinion -- that there is a growing trend toward a "quick draw," by some police officers, of their tasers and pepper spray -- then simply do a quick internet search. You might be surprised to see the number of reported incidents in which police officers have used such force against small children!

There, I feel better now! I can get back down off the soapbox! What is your opinion about this case? Should police officers use tasers or pepper spray on small children?

Computer Fraud: Beware of Internet Scams!

2011-04-01T08:27:00.000-07:00

As a former federal prosecutor, I often received telephone inquiries from average folks seeking information about potential internet scams. Over the years, I have heard about all sorts of fraudulent lotteries, sweepstakes, auctions, advance fee scams, and pyramid schemes. I have prosecuted quite a few of these fraudulent schemes. All these schemes work pretty much the same: the lure of a large prize with a request for a "small" fee.

Now, as an Augusta, Georgia criminal defense lawyer, I still frequently receive calls from people who are wanting to know if they "really have just won" the grand prize in an overseas sweepstakes and whether it is okay to send a processing fee to claim their winnings! You can probably guess my response to such callers! Today, I heard about a new variation on an old scam! I fielded a call from a lady who had received an email message indicating that she had just been named the beneficiary in a wealthy English citizen's will. Naturally, she told me that she did not know the deceased! And naturally, she was informed that she merely had to send $1045.00, (a "will registry fee!"), in order to claim her huge bequest! I felt sorry for the caller, but I was glad she called me.

As you know, internet fraud is a major, world-wide problem. Everyone is a potential victim. (Just check your inbox today!) And the problem seems only to be getting worse. According to http://www.spamlosses.com/, the average loss from such internet fraud scams is about $1,500.00. As I told today's caller, even if only one out of every 1000 email targets bites the hook and sends money, that is still a very profitable criminal enterprize!

So, today's message, whether you call me on the telephone, or whether you simply read this post, is that, just like your momma told you, in life, you almost never get something for nothing! And that English baron who named you as beneficiary in his will is sort of like the Easter bunny--he seems to hop around pretty good, but he really doesn't exist!

A Goolsby "War Story:" My Big Trials and My Forrest Gump Moments

2011-03-29T07:19:00.000-07:00

No doubt, you all have seen the Tom Hanks movie, Forrest Gump. You will recall how, in the movie, it seemed that, because of fate, or due to a strange series of coincidences, Forrest Gump was always around major historical events and famous people, from Elvis, to J.F.K., to Nixon. Sometimes, in my own life, it seems I have experienced some major "Gump moments," too. Most of my "Gump moments" have involved being associated with some of the biggest criminal trials in recent Georgia history. (Hopefully, my comparison to Gump's association with important people and events does not evoke any other comparisons to Gump himself!)

1. THE A.C. "CLIFF" PARK MURDER CASE:

For example, when I was only a kid, my parents took me to see the trial of infamous murderer A.C. "Cliff" Park, in Jefferson, Georgia. This was my first courtroom experience and my first taste of what a mega-trial is like! In one of the most notorius murder cases in Georgia history, Park was found guilty of hiring four men to dynamite the car of our local, (Jackson County), Solicitor General, Floyd Hoard.

2. THE KELLER WILCOX MURDER CASE:

Later, as a young attorney, I, once again, was in the right place at the right time. I was hired, along with my law partner, to work with the D.A. in Valdosta, Georgia, as a special prosecutor, in the infamous murder trial of E.K. "Keller" Wilcox, Jr. In a very high profile, extremely riveting trial, Wilcox was tried for murdering his secretary and burying her remains in a box which was not discovered until seven years later. In that notorious Georgia murder case, which resulted in a conviction, the defendant was represented by famous Georgia trial lawyer Bobby Lee Cook.

3. OTHER MAJOR CRIMINAL TRIALS AND "GUMP MOMENTS:"

Likewise, my career as a federal prosecutor involved some additional examples of being in the right place at the right time. As an Assistant U.S. Attorney, located in Augusta, Georgia, I was in the right place to try some of the largest fraud and public corruption cases in Georgia history, including the largest home healthcare fraud case, (against executives of Augusta-based Healthmaster, Inc.), and the largest vote-buying case in U.S. history, (28 defendants, including the sheriff, from Dodge County were convicted of election fraud). Finally, about five years ago, I was lead prosecutor in the high profile, federal trial and conviction of Senator Charles Walker, from Augusta, who was the highest ranking Georgia politician ever to be convicted.

Whether or not it was fate, or merely a series of strange coincidences, I have enjoyed being around each of these mega cases! As a trial lawyer, I also always look forward to my next big case and my next "Gump moment!"
How about you? Even if you are not a criminal trial lawyer, have you, due to fate or coincidence, ever been around a major historical event or person? What is your "Gump moment?"

The Next Great War: Over Girl Scout Cookies!

2011-03-28T06:55:00.000-07:00

Have you heard about the next great war looming on the horizon? No, it's not in the Middle East. Instead, it might be in Hazlewood, Missouri. And it might involve a girl's right to sell girl scout cookies in her own driveway! As you may have read, Hazlewood officials are clamping down on two girl scouts (and their mother) who have been sellling girl scout cookies from a small stand in their driveway. According to various news reports, an anonymous neighbor complained to city officials about the traffic and about the dogs barking at people who stopped to buy some cookies. So, the city has sent a warning to the girls and their mother to cease and desist from further cookie sales, because it supposedly violates a city code against selling products from home.

A temporary truce has occurred in this case, because a good samaritan has reportedly bought out all the girls' cookies this year. But the girls and their mother have indicated that they may continue their alleged "illicit cookie selling ring" next year!

What do you think about the city's actions in this case? Personally, I believe the city's actions are outrageous! In my opinion, the girls should be lauded, not castigated, for their charitable efforts. Also, in my opinion, the Hazlewood officials should either modify their code, or modify their approach, about code enforcement in this case. Hopefully, common sense will prevail and a truce declared in this looming cookie war. And hopefully, next year, everyone in Hazlewood can openly buy some boxes of thin mints in peace!

What do you think?

Barry Bonds, Perry Mason, and Cross-Examination

2011-03-24T11:44:00.000-07:00

As most of you are probably aware, the perjury trial of baseball home run king Barry Bonds is presently underway in Los Angeles. Simply put, the focus of the criminal trial is whether or not Bonds committed perjury before a federal grand jury in 2003 concerning his alleged use of steroids. Presently, according to news reports, Bonds' criminal defense attorney is cross-examining a key prosecution witness against the baseball star.

Reading about the Bonds case reminded me of the old Perry Mason t.v. program, which starred Raymond Burr. In Perry Mason, cross-examination always appeared easy! Ole' Perry always seemed to get the state's star witness to admit that they were the real murderer, just after the last t.v. commercial!

However, trust me, in a real courtroom, cross-examination isn't so easy. As a former prosecutor and, currently, as an Augusta, Georgia criminal defense attorney, I am generally content if I can lay down a bunt single or two, during cross-examination, let alone hit a homerun, like Bonds. It will be interesting to see if Bonds' criminal lawyer can swing for the fences in this case!

New Policing Trends, Stolen Mowers, and Phoning It In

2011-03-20T09:42:00.000-07:00

You might wonder why there is a photograph of a lawn mower in a post dealing with white collar crime! I will explain it in a moment.

First, let's discuss some of the trends in law enforcement. As a former state and federal prosecutor, (and currently, as an Augusta, Georgia criminal defense attorney), I never cease to be amazed at the changes I see in our criminal justice system! Some of the new trends sound good and others not so good. For instance, we have discussed before some of the "up and coming" sentencing changes, with a greater emphasis on alternatives to imprisonment. In other words, most states facing budget shortfalls, including Georgia, are facing the harsh reality that they simply cannot afford to lock up everybody and throw away the key!

But today, I want to talk a little bit about another trend, i.e. a change in the manner in which crime reporting will be dealt with by our local sheriff's department. Today, the Augusta Chronicle has reported that the Augusta-Richmond County Sheriff's Department will no longer send a deputy out to your home to take a report on every theft, (or other minor), offense. Instead, deputies will simply take such reports over the telephone and report to the scene of the crime only if absolutely necessary. The newspaper also reports that this new crime reporting method follows the trend in other states, some of which even mandate online crime reporting for non-violent offenses.

What do you think about this new trend of "phoning it in?" I don't like it! I realize that, with tight police budgets, it appears to be more efficient to prioritize crimes and methods of crime reporting. However, on the other hand, this new trend flies in the face of the last "new trend," called community policing, in which police departments were encouraged to be more attentive to citizens' needs. Look, I don't know about you, but if somebody steals my lawn mower tonight, as a taxpayer and a crime victim, I want a deputy dispatched to the scene of the crime! And I want 'em there now and with sirens blaring! And here's another idea -- I want the police to actually try to catch the lawn mower thief! How about that idea for the next new policing trend?!

What do you think?

Rules, Extortion, Child Molestation, and How Two Wrongs Don't Make a Right

2011-03-15T14:19:00.000-07:00

As a former prosecutor and, currently, as an Augusta, Georgia criminal defense attorney, I have learned that there are some basic, common sense rules we all should follow, as citizens. For instance, it should go without saying that one of the first actions a crime victim, (or family member), should take is to contact law enforcement and report the crime. In addition, generally, you should never attempt to take the law into your own hands. Also, as a rule, you should never attempt to "settle up" with the alleged criminal. Finally, you should never, ever attempt to extort money from the accused, in exchange for not reporting the crime to the police. Put more simply, this final rule illustrates the old adage that two wrongs never make a right! If you don't believe it, then please listen to what just happened to a Morgan County, Georgia woman when she failed to follow the rules.

According to various news reports, a Morgan County woman has been charged today with theft by extortion, in connection with money payments which she allegedly demanded from a Morgan County middle school teacher who had allegedly sexually abused a child for whom she is the guardian. In other words, according to a G.B.I. agent, the child's guardian essentially "settled up" with the teacher concerning the alleged child abuse, by demanding money in exchange for not notifying the authorities. Of course, both parties are presumed innocent and entitled to their respective days in court.

What do you think about this "alleged" sordid mess? Just look at all the trouble you can get into by violating the rules! Can you imagine any parent accepting money for not reporting the abuse of their child? Something may not make sense about this news report! But it always makes sense that two wrongs never make a right!

Lindsay Lohan: To Leak Or Not To Leak? To Deal Or Not To Deal?

2011-03-10T07:16:00.000-08:00

With all the ranting and raving by and for actor Charlie Sheen, perhaps you had forgotten all about the troubles and travails of actress Lindsay Lohan! But now, Ms. Lohan is back in the picture! You may recall that she faces a felony charge for allegedly stealing a necklace from a Venice, California jewelry store. Ms. Lohan and her attorney maintain that this was just a big mistake and point out that the necklace was quickly returned. Well, now, according to various news reports, the actress has allegedly refused a plea bargain deal which might have resulted in jail time for the alleged theft. I have a couple of reactions, as a criminal attorney, to this news report and talk about plea bargaining.
1. LEAKS TO THE NEWS MEDIA IN HIGH PROFILE CRIMINAL CASES:

First of all, as a former federal prosecutor and, currently, as an Augusta, Georgia criminal defense attorney, I am appalled that private discussions about potential plea bargains are being leaked and aired in the news media! This is outrageous and unfair to Ms. Lohan and to any other criminal defendant who is in her position!

2. DEFENDANTS SHOULD DECIDE WHETHER TO "DEAL OR NO DEAL:"

And second, this case also illustrates the important point that, in our criminal justice system, each defendant should be the one to decide whether or not to accept a plea bargain, or whether to go to trial. In other words, it is not up to a criminal lawyer, or anyone in the news media, to decide whether to accept a deal. Of course, let me emphasize that, in this case, there is absolutely no indication that anyone is pressuring Lohan to cop a plea. But I simply wanted to make a point that, in my experience, in other criminal cases, I have heard of criminal lawyers who will "lean on" their clients to accept a deal. As a criminal defense lawyer, I find this practice to be appalling! I would never push a client to plead guilty to anything! And in this case, only Ms. Lohan, after consulting with her criminal defense attorney, should decide whether to "deal or no deal." Don't you agree?

Chirac, Public Corruption Charges, and Continuances

2011-03-07T11:38:00.000-08:00

As you know, we, at The Goolsby Law Firm, LLC, are father and son criminal defense attorneys, (and divorce lawyers), who practice law together in Augusta, Georgia. As you may also know, I am a former federal prosecutor who has handled a large number of fraud and corruption cases. Also, in this blog, I generally enjoy writing posts dealing with white collar crime. Most posts deal with crime issues in the State of Georgia and elsewhere in the United States.

However, today, I wanted to be less parochial and talk a little bit about the upcoming public corruption trial of former French President Jacques Chirac. According to various news reports, the trial of Chirac, which was scheduled to begin today in Paris, has, once again, been continued. I guess trial delays are common throughout the world! Chirac faces trial on corruption charges stemming from alleged embezzlement and conflicts of interest while he served as Mayor of Paris from 1977-1995. The allegations include stealing money and payments to friends for alleged fictitious work, all while Chirac served as Mayor. In other words, all the alleged criminal activity occurred many years ago, before he became President in 1995.

Mr. Chirac has consistently maintained his innocence of all the charges and reportedly remains a popular public figure in his country. Here's hoping that he will soon have his day in court and that justice will prevail! As my late father might have concluded, upon landing at the beaches of Normandy on D-Day, "Vive La France!"

Blagojevich, Retrials, and Yesterday's Oatmeal

2011-03-02T06:45:00.000-08:00

As a former federal prosecutor, I hated hung juries and having to retry a case! I have always said that having to retry a criminal case is almost as bad as having to eat yesterday's oatmeal. While the oatmeal might not have been too tasty the day before, it is downright awful tasting today!

But it seems that the federal prosecutors preparing for the retrial of former Illinois Governor Rod Blagojevich are at least trying to make his re-trial a little less onerous this time around. According to various news reports, the government has dropped a number of charges, including the complex RICO charge, in order to streamline their case and to make it more palatable to a jury.

In other news, this week, the federal judge presiding over this case has also decided not to reveal the names of jurors who will be selected in the trial, slated to begin April 20th, until after the trial is over. So, it appears that all the parties in that case are trying to learn from the last trial, which ended in a hung jury on most counts of the indictment.

Perhaps if the judge really wanted to shake things up and streamline the upcoming trial, he would announce that all the jurors and parties will be required to eat yesterday's oatmeal unitil the trial is over! That would speed things up, wouldn't it!?

Crime And The Elderly

2011-02-23T09:59:00.000-08:00

When people discuss the problem of the elderly and white collar crime, generally, they are referring to the problem of how senior citizens are often the targets, or victims, of fraud. But that certainly isn't the only connection between senior citizens and crime! Today, I read a CBS News report which indicates that, in Harrison, New York, an elderly woman is actually the accused perpetrator of the crime. Specifically, the report indicates that Ms. Florence D'Imperio, a 90 year old woman, has been accused, along with several others, (including local government employees), of stealing food from their local food bank. The elderly woman had reportedly been a volunteer at the food bank. The report also suggests that the food wasn't being taken simply because the accused individuals were hungry.

As a former prosecutor and, currently, as a criminal defense attorney, I never cease to be amazed at what people will do! Have you heard of any unusual crimes like this one? Of course, it is important to emphasize that Ms. D'Imperio is presumed innocent unless and until proven guilty in a court of law.

Here's also hoping that she will get a good criminal lawyer to help her deal with her own special problem involving crime and the elderly!

Parents of Amanda Knox Indicted For Libel

2011-02-20T07:21:00.000-08:00

What do you think about the news reports from Italy, this week, indicating that Curt Knox and Edda Mellas, the parents of Amanda Knox, have been indicted by Italian authorities for criminal libel? You will recall that Amanda Knox is the American teen who is currently appealing her murder conviction in Italy. The new libel charge against the parents is reportedly based upon a June, 2008 interview of the parents by the Sunday Times of London. During the interview, Curt Knox, the father, simply alleged that Italian police had been abusive in their interrogation of his daughter. Yes, that's it! That's all the parents supposedly did wrong! Two parents are now essentially accused of a crime simply for making statements critical of the authorities while publicly defending their daughter!

Again, what do you think about these charges? On second thought, perhaps you should refrain from making any comments which could be construed as being critical of the Italian authorities! After all, no one wants to get indicted simply for expressing an opinion! I am just happy that, in the United States, the First Amendment to our Constitution protects freedom of speech, including the right of all parents to criticize our government!

What is your opinion?

Berlusconi, Public Corruption, and Having a Bad Day!

2011-02-15T11:41:00.000-08:00

So, you may have thought that you had a bad day!? At least your day probably hasn't gone as bad as the day of Italian Prime Minister Silvio Berlusconi. According to various news reports, Berlusconi has been charged with prostitution with an under-aged girl, along with abuse of power in connection with an alleged cover up of the prostitution charge.

The Italian prime minister already had previously faced other criminal charges including tax fraud and bribery.

Berlsuconi reportedly denies all wrongdoing and claims that he is a victim of over-zealous prosecutors. It will be interesting to see how Berlusconi's criminal lawyers deal with the latest criminal charges.

Theft, Embezzlement, and the Bull Dogs

2011-02-10T11:31:00.000-08:00

As a "Double Dawg," (i.e. a proud graduate of the University of Georgia, both undergraduate and law school), I try to keep up with all the "goins' on" at my old alma mater. Usually, I enjoy reading about the University of Georgia Bull Dogs football team. But today, I read news reports about a new criminal case at the school. According to the reports, a former university business manager has been charged with racketeering and theft by conversion. (In Georgia, theft by conversion is the statutory name for what is frequently called embezzlement in other states. Did you know that the 50 states often have different names for many of the same generic crimes?)

In this case, the news reports indicate that, between 2005 and 2009, the business manager, (at the University's Carl Vinson Institute of Government), embezzled about $220,000 by allegedly submitting bogus petty cash disbursement receipts while utilizing fictitious names. As a former prosecutor, (and currently, as an Augusta, Georgia criminal defense attorney), it would appear that this may be yet another case in which the victim institution failed to have adequate checks and balances in place to prevent theft. In my experience, as we have discussed here before, embezzlement is generally a crime of opportunity. Offenders can often get away with it, often over lengthy periods of time, simply because no one is looking over their shoulders.

Here's hoping that the next news reports I read about UGA are happier ones dealing with my beloved Bull Dawgs! Go Dawgs!

Police Surveillance Cameras: Is Big Brother Watching You?

2011-02-09T09:45:00.000-08:00

What is your opinion about the trend for police departments to install more and more surveillance cameras throughout American cities? According to a new report by the ACLU of Chicago, there are now more than 10,000 cameras located in public places in Chicago, generally on street corners. But the Windy City is certainly not unique! Police surveillance cameras are probably coming to your community soon, too!

Law enforcement agencies reportedly utilize these cameras to watch gang and other criminal activity. The cameras could also be helpful in the fight against terrorism, too. In many cases, police can actually use the cameras to zoom in on anybody they are tracking. In my opinion, that is where potential Fourth Amendment violations are most likely to occur.

So, what do you think about this trend? Do you want more and more cameras watching not only the "bad guys," but also you and me, too? As a former federal prosecutor, part of me recognizes the usefulness of cameras to law enforcement. However, as a freedom-loving American citizen, part of me also fears the potential for abuse and invasion of privacy, too.

What is your opinion? Do you mind if Big Brother is watching you, too?

Prison Alternatives: Good Ideas and Bad Ideas

2011-02-06T08:48:00.000-08:00

In his inaugural address, last month, new Georgia Governor Nathan Deal wisely suggested that Georgia, like other states, can no longer afford to try to lock up all of its law-breakers and throw away the key. In an era of tight state budgets, the costs of incarceration are simply too much. Now, please don't misunderstand! No one, including the Governor, is suggesting that dangerous recidivists, or violent offenders should be given probation and a slap on the wrist. In other words, most observers would agree that prison remains the only viable option for convicted murderers, rapists, and armed robbers. But what about non-violent offenders? What are some of the ideas being considered for the bad check writers, forgerers, and other white collar criminals? Well, in my opinion, there are some good ideas and some bad ideas being considered. Let's talk about one of the bad ideas being considered first!

1. PRIVATE PRISONS:

Some legislators in Atlanta are considering privitization of state prisons as a solution to our overcrowded, expensive corrections problem. As a former state and federal prosecutor, (and currently, as a criminal defense attorney), I strongly disagree with this proposal. For instance, I believe that the state must not shirk its responsibility for inmate care by turning it over to a private, profit-driven business. Private businesses would be focused only on the bottom line and not on inmate care, or community safety. In addition, while state corrections officials may not be very accountable to the public now, just imagine how unaccountable private companies will be! This is a terrible idea, in my opinion!

2. MORE DRUG COURTS AND DIVERSION CENTERS:

On the other hand, I wholeheartedly endorse the idea of Georgia investing more money in drug courts and minimum security diversion centers for non-violent offenders. These alternatives will result in real savings to the taxpayers and help inmates make restitution to victims. Also, the defendants would be required to get out, get jobs, and pay the costs of these alternatives, too!

What do you think?

Celebrities and Crime Allegations: Lindsay Lohan

2011-02-05T11:43:00.000-08:00

Various news reports indicate that it is anticipated that California prosecutors may seek an arrest warrant next week against troubled actress Lindsay Lohan for allegedly stealing a necklace from a Venice, California jewelry store. A representative for Lohan has reportedly indicated that it is all just a mistake and that the borrowed necklace has been returned.

Of course, this sad news report follows on the heels of repeated news stories about the talented actress' recent problems in drug rehab, along with her other past visits to California courts. Laying aside any questions of guilt or innocence in this criminal case, I am confident that Ms. Lohan is tired of going to court and retaining criminal defense attorneys to help her.

Here's hoping that the talented Ms. Lohan will be able to address whatever problems she may face, or that some judge, or family or friends, will be able to intervene and help her.

Motion for a Change of Venue in Criminal Cases

2011-01-29T10:52:00.000-08:00

This past week, various news reports have indicated that, at least for now, prosecutors and defense lawyers in the federal case of accused murderer Jared Lee Loughner have agreed that his case may remain in Tucson, Arizona, where the highly publicized attempted murder of Representative Gabrielle Giffords, along with the tragic murders of others, including a federal judge and a precious little girl, recently occurred. Venue had originally been moved to Phoenix, but apparently both parties agreed to the transfer back to Tucson, at least for now, in order to accomodate the attorneys and witnesses during pretrial proceedings. As a former federal prosecutor, (and currently, as an Augusta, Georgia criminal defense attorney), I would be shocked if the trial of this case is not ultimately moved again to another city. Don't you agree?

But the question remains: When is it appropriate for a criminal defense attorney to file a motion for a change of venue? Believe it or not, in Georgia, the standard is not simply whether or not there has been a lot of news media attention to a case. Instead, a Georgia criminal defense lawyer must also show that, because of the pervasive publicity, it would be impossible to select an impartial jury composed of jurors who have not formed fixed opinions about the guilt or innocence of the accused. Often, it has been my experience that a Georgia judge will not rule on a motion for a change of venue until voir dire occurs, i.e. during jury selection. There, the jurors can be questioned at length by both sides, the prosecutor and the defense attorney, in order to make, or refute, a case that an impartial jury cannot be obtained and that the trial must be moved.

However, all that being said, I would imagine that we would all agree that, in a high profile criminal case, such as the media-saturated Tucson murder case, it should not be difficult for the criminal defense attorneys to obtain a change of venue!

Cyber Wars: The Next Battlefield?

2011-01-28T14:09:00.000-08:00

As the above Time Magazine cover suggests, a future war may be fought in cyber space! Indeed, some would suggest we may already be there.

This week, according to Fox News and other news sources, the F.B.I. has executed forty search warrants around the country which might be part of an ongoing investigation of a recent cyber attack, called "Operation Payback." This cyber attack was reportedly conducted by members of a group called "Anonymous," and was allegedly in retaliation against companies such as PayPal, MasterCard, and Visa, after the companies had reportedly dropped support for WikiLeaks. According to the news reports, the focus of the Cyber attack was to overload and shut down the computer systems of these companies. Five arrests of members reportedly associated with the cyber attack have already been made in England. It will be interesting to see what happens next in this criminal investigation.

Can you imagine the potential damage that could be done in a widescale cyber attack? Sometimes, the future of white collar crime, technology, and war don't look too bright, don't you agree?

The Largest One-Day Mob Crackdown in U.S. History

2011-01-20T12:22:00.000-08:00

Did you hear the news from New York today? The F.B.I. and other federal officials have announced the arrests of 127 alleged mobsters on extortion, murder, and other federal organized crime charges. This is reportedly the largest one-day crackdown on the mafia in U.S. history! According to news sources, members from each of the five major New York mafia families were among those arrested. They actually had to use a military base to house all the defendants!

In my largest case as a former federal prosecutor, we charged a total of 28 south Georgia defendants with vote-buying. Trust me, that was plenty of defendants to have to deal with! In that election fraud criminal case, we had to use a Dublin, Georgia National Gurard armory in order to house and process all the arrested defendants.

It will be interesting to see what happens next in the New York mobster case!

White Collar Crime, Alford Pleas, and Other Contradictions

2011-01-16T07:31:00.000-08:00

Last week, according to various news reports, a former Atlanta City Council member was sentenced to five years on probation following a guilty plea in which she reportedly did not contest evidence that she allegedly stole $30,000 in city funds. One of the interesting aspects of this criminal case is that her criminal defense lawyer convinced the prosecutor and judge to allow his client to plead guilty pursuant to a Supreme Court decision called North Carolina v. Alford. In other words, as we criminal attorneys call it, this was an "Alford plea."

You non-criminal lawyer folks out there might now be wondering -- exactly what is an Alford plea? Here is an explanation! An Alford plea means that the defendant is entering a guilty plea and will be sentenced as in any other criminal case in which there is a conviction, BUT the defendant who is entering the Alford plea may still maintain their innocence! I realize that this sounds like a contradiction in that an innocent person is actually pleading guilty! However, the Supreme Court has held that, if a defendant who is in such a position recognizes that the state has a solid case against them, and if that defendant fully waives his or her right to a trial, then it is their Constitutional right to plead guilty, (while still maintaining their innocence!)

I guess some of you might think that this is something which only lawyers could create! But the point is, as this criminal case illustrates, in some cases, it is your right to plead guilty, even though you privately maintain your innocence! In my experience as a former state and federal prosecutor, (and currently, as an Augusta, Georgia criminal defense attorney), I have seen Alford pleas most frequently in white collar criminal cases. There are pros and cons to Alford pleas. And this idea is something which each defendant would want to discuss carefully with his or her criminal lawyer.
Why do you think Alford pleas might occur most frequently in white collar crime cases, such as in fraud or theft cases?

A Goolsby "War Story:" My Favorite Witness

2011-01-13T10:42:00.000-08:00

As a former state and federal prosecuting attorney, (and currently, as a criminal defense attorney), I have tried hundreds of jury trials and examined, or cross-examined, thousands of witnesses on the witness stand. But if you asked me, of all my trials and witnesses, which witness was my favorite witness, it wouldn't take me two seconds to respond!

My favorite witness, bar none, was a very self-confident young woman who was an eyewitness to an aggravated assault case which I was prosecuting. Identity was the primary issue at trial. I needed a strong eyewitness to have any hope of victory. And, as you will see, I certainly got one!

My eyewitness, Ms. Smith, took the stand, pointed the "guilty finger" at the defendant, and added the following: "I'm sure he did it! I love my kids, but I would stake their lives on my identification of that man!"

Boy, can you imagine how happy I was?! I could have kissed her smack-dab on the lips after that testimony! The jury promptly kissed off the defendant with a guilty verdict!

F. Lee Bailey: The Defense Never Rests!

2011-01-11T14:20:00.000-08:00

Have you heard the news? Prominent criminal defense attorney F. Lee Bailey, who authored The Defense Never Rests, has published a new 20,000 word document which purportedly offers new evidence confirming the innocence of O.J. Simpson, for whom Bailey and several other prominent defense lawyers obtained the controversial murder case acquittal in 1995.

I doubt that Mr. Bailey's new "evidence" will change many people's minds. Don't you agree? But that is not the point of this post! You see, my point is that Mr. Bailey was a hero, or role model, of sorts for me as I was growing up in Georgia. As the son of a Baptist preacher, I didn't know any lawyers, but Bailey's courtroom exploits helped motivate me to want to become a trial lawyer, too! I wanted to become the next F. Lee Bailey and handle the next Sam Sheppard or Boston Strangler case! As a young man, I once wrote a letter to Mr. Bailey and thanked him for his influence, and I was tickled to get a kind letter in response.

Therefore, I don't care whether or not Mr. Bailey's newest "evidence" changes any minds about Simpson. And I don't really care that Mr. Bailey has had a difficult time, recently, with the state bars of two states. But I do care that, for me, F. Lee Bailey, (along with my father), was a good role model who helped inspire me to want to become a trial lawyer. And I am also happy to see that, even today, "the defense never rests!"

Movies About White Collar Crime: The Firm

2011-01-05T06:41:00.000-08:00

Let's start the new year right with another post about some of our favorite movies about white collar crime! Today, I want to nominate, as one of my "best pictures of the year," the 1993 Tom Cruise film, The Firm. In this Sydney Pollack-directed movie, Cruise plays a young lawyer, Mitch McDeere, who must choose between cooperating with the feds and staying loyal to his Memphis law firm, which is under investigation for laundering money for the mob. Hopefully, as a criminal defense attorney in Augusta, Georgia, I will never be faced with such a conflict! I suspect that most of you have seen this movie, but, if you haven't, I believe it would make a good Netflix or cable t.v. selection on a dull Friday night!

I would also recommend the John Grisham book, on which the movie is based, to any lovers of the true crime genre out there, (even though this book is obviously fiction). Of all the Grisham books which were turned into movies, The Firm is my favorite.

Did you like this movie? What are your favorite movies about white collar crime?

Husband Faces Hacking Charges For Checking Wife's Email!

2010-12-29T06:48:00.000-08:00

Have you heard the news? Various news outlets have reported that a Michigan man faces felony anti-hacking charges because he checked his wife's email on a family computer! The emails reportedly revealed that she had been having an affair. What is your opinion about a prosecutor bringing criminal charges in this divorce context?

As divorce attorneys, (and criminal defense attorneys), in Augusta, Georgia, we have warned you before about this very possibility. You must be careful about how you attempt to prove adultery. In other words, even if you suspect your spouse of committing adultery, we have always recommended that you should carefully discuss with your own divorce lawyer the proper ways to obtain the evidence of infidelity. More simply put, as any attorney will tell you, you should always use legitimate means to prove your worthless spouse, "Sluggo," is cheating, because he isn't worth going to jail over!

Of course, it remains to be seen whether or not the Michigan man violated any anti-hacking laws or did anything wrong. His criminal defense attorney reportedly maintains that his client had legitimately accessed a family computer. His criminal lawyer also has reportedly raised a good question: Don't Michigan prosecutors have better things to do than to bring criminal charges like this one in this divorce case!?

What do you think?

Merry Christmas From The Goolsby Law Firm!

2010-12-24T07:57:00.000-08:00

Merry Christmas!

Grave Robbers and the Depravity of Some White Collar Criminals

2010-12-23T08:16:00.000-08:00

For most good people, the Christmas season is a time of good cheer and "good will toward men." But not for everyone. Have you heard about the thieves who have reportedly stolen 500 bronze urns from graves in a Stone Mountain, Georgia cemetary? How low can some people go!? Hopefully, these morally depraved grave robbers will be caught and punished. And hopefully, the good Lord has reserved an especially hot place in Hades for grave robbers!

This white collar crime illustrates that nothing, including churches and cemetaries, is safe or sacred any more. Don't you agree? As you will recall, even churches have often been targeted, in recent years, by arsonists. And I have read recently that even some Salvation Army kettles have been targets of thieves this holiday season. Have you heard of such crimes occurring in your community?

But hopefully, all hope is not lost! While these horrible crimes are occurring, at the same time, you can read about reports of "Secret Santas" dropping large sums in kettles, along with countless other illustrations of kindness and good deeds also occurring "out there" during this holiday season! Maybe you and your family members have found ways to help others in need, too! So, for most of us, hopefully, this still remains a time of peace and good will toward others!

Special Challenges In White Collar Crime Prosecutions

2010-12-21T08:53:00.000-08:00

As a former federal prosecutor who primarily handled major white collar crime prosecutions, I enjoyed the challenge of putting together a "mega case." However, trust me, being a federal prosecutor isn't all fun and games! In this blog, I have periodically described some of the special challenges faced by federal prosecutors in high profile cases. Today, I want to focus on just one of those challenges: the day-to-day stress and psychological challenges faced by Assistant U.S. Attorneys in long-term criminal investigations.

I realize that was a mouthful! Let me try to explain this challenge more simply like this! In a long-term federal criminal investigation, which can last for months, or even years, a federal prosecutor must deal with a host of issues. For example, an A.U.S.A. may face, on a daily basis, among other issues, inter-agency squabbles, agent egos, a nosy news media, or supervisory pressures, and all without any end to the ordeal being in sight! When you begin a mega case, you have no idea how long it may take. It will end, perhaps months, or even years later, only when you, the lead prosecutor, decide you have enough evidence to seek an indictment.

In contrast, most state prosecutions are of short duration. In other words, as a state prosecutor, you quickly get your cases over and done with, and then go on to the next criminal case. Put another way, as a state prosecutor, you fry your small fish and, win, lose, or draw, at least you get closure. However, a lengthy federal prosecution, which may involve a federal grand jury investigation, can sometimes seem like a long, never-ending nightmare with no closure in sight!

For example, I once led a task force of federal and state agents while investigating a high profile white collar crime target. This one case was basically my full-time job for a couple of years. But for much of the first year, I had almost daily arguments with one of the agents assigned to the case. It was very stressful! In my opinion, the agent was lazy and refused to follow directions. And until my other agents took up the slack, and got the job done, I was forced to deal with this stress of dealing with that lazy agent on a daily basis.

But please don't get me wrong! In spite of all the stressors inherent in leading the charge as a federal prosecutor, I loved the job! There are no other jobs in the world with the same unique challenges and in which you can sometimes make a real difference!

It's Bill of Rights Day!

2010-12-15T14:49:00.000-08:00

Did you realize that today is National Bill of Rights day!? Yes, today, on December 15, 1791, our first ten amendments to the United States Constitution were adopted as our Bill of Rights.

As you know, these important rights guarantee to each American the right to freedom of speech and freedom of religion, among other enumerated rights. In the criminal law arena, these important rights also include freedom from unreasonable searches and seizures, the right to reasonable bail, the right to an attorney, and the right to confront and cross-examine witnesses. In addition, each American is guaranteed the right to notice of charges, along with the right to a public trial.

Maybe we should celebrate and appreciate our Bill of Rights every day! Don't you agree!?

The Federal Grand Jury, Julian Assange, and Leaks about the Leaker

2010-12-15T07:53:00.000-08:00

Yesterday, a criminal lawyer for WikiLeaks founder, Julian Assange, announced to the news media that he had heard that his client is currently being investigated by a federal grand jury in Virginia. Who or what is the source of this information about the grand jury and Mr. Assange? In other words, who could be leaking about the leaker!?

As a former federal prosecutor, I can attest to the fact that government entities, (including federal agents and prosecutors), are generally very careful about avoiding leaks to the news media, particularly concerning the federal grand jury. However, in a high profile case, such as this one, involving the internet disclosures of war secrets and diplomatic cables by WikiLeaks, it could be difficult to keep things completely under wraps. For example, while prosecutors and agents cannot disclose matters occurring before the grand jury, there are generally no prohibitions against witnesses, or witnesses' attorneys, telling others what has happened. In addition, I have seen, or heard of, instances in which the grand jurors themselves may have disclosed what transpired before the grand jury.

Of course, no matter how you view Mr. Assange, whether or not someone has leaked information about a grand jury may be the least of Mr. Assange's problems right now, don't you agree?

United States Attorney General Eric Holder has disclosed nothing about a grand jury investigation, but he has announced that he has authorized significant action in the matter. It will be interesting to see what else unfolds in this case in the new year!

Happy News for The Goolsby Law Firm!

2010-12-14T09:38:00.000-08:00

Today is a happy day for us at The Goolsby Law Firm, LLC! As many of you know, The Goolsby Law Firm is presently composed of father and son attorneys, (Richard Goolsby, Sr. and Richard Goolsby, Jr.), who enjoy practicing family law, criminal law, and handling other legal matters in Augusta, Georgia, (including Richmond and Columbia County). The primary author of this blog is the dad, Richard Goolsby, Sr. I am a former federal prosecutor who has handled some of the largest, most complex criminal cases in Georgia history.

Our good news includes the fact that my second son has just completed the half-way point of law school! In other words, he will complete law school in only three more semesters!

But there's more good news! My third son, currently a senior at the University of Georgia, has just been accepted for admission to law school next fall by both of his top choices!

So, don't you see, in just a few years, we may very well be the only law firm in this state composed of a father and three sons! Now, you know why I am so happy and proud! The Goolsby Law Firm is truly a family law firm!

Senate Votes To Convict Federal Judge

2010-12-08T13:32:00.000-08:00

The United States Senate voted today to convict and remove federal judge Thomas Porteous of Louisiana. Porteous was accused of accepting money and gifts from attorneys and bail bondsmen, among other allegations. Incredibly, Porteous, a Clinton appointee, was only the eighth federal judge to be removed by the Senate in U.S. history.

White collar crime hits high and low, doesn't it?

DOJ's "Operation Broken Trust" Targets Investment Fraud Schemes

2010-12-07T08:06:00.000-08:00

According to "The Huffington Post," and other news sources, yesterday, Attorney General Eric Holder announced the preliminary results of a nationwide task force effort, called "Operation Broken Trust." According to Holder, the operation has reportedly targeted 343 defendants accused of various investment fraud schemes around the country and with over $8.3 billion in losses to crime victims.

Investment fraud scams, which are often ponzi schemes, in which the con artists frequently target and steal from elderly victims by promising, but never delivering, high returns on investments, are a pervasive, pernicious problem in this country.

The President's Financial Fraud Enforcement Task Force, which is reportedly spearheading this operation, deserves credit for these accomplishments.

Judge To Actor Wesley Snipes: "Go directly to jail and do not pass go!"

2010-12-06T09:06:00.000-08:00

The Christmas holidays can be a happy time or a sad time, depending upon your circumstances. For actor Wesley Snipes, it appears it will be a sad time. A federal judge has reportedly rejected his criminal defense attorney's "emergency" motion to delay Snipes' voluntary surrender - prison reporting date to begin serving his sentence for failing to file income tax returns. Snipes had reportedly sought the delay so that he could be with his family and kids during the holidays. However, the judge reportedly observed, in his order denying the request, that Snipes has had plenty of time to get prepared to report to prison and that being apart from one's family on special occasions is one of the inevitable consequences of all prison sentences.

Although every criminal case is different, as a former federal prosecutor, (and currently, as an Augusta, Georgia criminal defense lawyer), I would have bet the ranch that most judges would have denied such an "emergency" motion. Don't you agree?

No More "Dancing With the Stars:" A Public Corruption Conviction for Tom DeLay

2010-12-04T10:22:00.000-08:00

Many of you probably remember watching former House Majority Leader Tom DeLay's performances on last season's popular dance show, "Dancing With the Stars." There was nothing "criminal" about that! But Mr. DeLay won't be dancing again, at least not any time soon! You may have read about his conviction, last week, in a Texas court, for laundering $190,000 in corporate campaign contributions to various state Republican candidates.

Following his conviction on money laundering charges, DeLay vowed to appeal and to obtain a reversal of this alleged "abuse of power" by the Texas prosecutor in the case.

But for now, Mr. DeLay's future doesn't look too bright, because he reportedly faces the possibility of many years in prison when he is sentenced.

What is your opinion about the DeLay case? And what do you think about tough sentencings for white collar crime? Should "crime in the suites" be sentenced as severely as crime in the streets?

Movies About White Collar Crime: "The Sting"

2010-11-29T06:28:00.000-08:00

How about a little change of pace?! Let's talk about another one of our favorite movies involving white collar crime! One of my "top 100" favorite movies is "The Sting." This 1973 film starred actors Paul Newman and Robert Redford as grifters who pulled off a big sting against a Chicago mobster, played by Robert Shaw.

The movie was reportedly based on the true life escapades of con artists Fred and Charles Gondorff. Of course, one of the best parts of the movie is the music! The movie's well known score and other pieces are the work of famous ragtime musician Scott Joplin, as adapted for the movie by Marvin Hamlisch.

What are some of your favorite movies about white collar crime?

Justice Delayed is...A Case Dismissed!

2010-11-23T09:14:00.001-08:00

Everyone is familiar with the old Gladstone adage that "justice delayed is justice denied." Well, the Supreme Court of Georgia has just given new meaning and some real "oomph" to this old quote.

The State of Georgia's highest court recently dismissed murder charges against two men, Maurice Gleaton and Antonio Clark, because the Fulton County District Attorney's Office took too long --four to five years-- to bring the case to trial. Gleaton and Clark had been charged in connection with the August, 2005 shooting death of a man at an Atlanta apartment complex. Can you believe it took nearly five years for the state to get ready?! Don't you agree that it is outrageous that it would take so long for the state to prepare a criminal case for trial?!

In dismissing the murder case, the Court was clearly focused on the prejudice to a defendant's constitutional rights when a speedy trial is denied. For instance, in this case, the location where the crime had occurred had apparently been condemned and torn down. As a result, no physical evidence could be retrieved.

This criminal case is illustrative of a serious problem facing our criminal justice system. And believe me, trial delays are not confined to Atlanta, Georgia. Our courts everywhere are generally bogged down and over-burdened with more cases than our criminal justice system can efficiently handle. In my opinion, (as a former federal and state prosecutor, and presently, as an Augusta, Georgia criminal defense attorney), prosecutors' offices must learn to more effectively screen their cases and develop better strategies to address criminal case backlogs. It can be done!

No matter where you stand on the poltical spectrum, hopefully you will agree that a five year delay beween a crime and trial is patently unfair and absurd. It is unfair to the defendant, just as it is also unfair to the victim's family members!

After all, as the Georgia Supreme Court has just re-affirmed, "justice delayed is justice denied!"

White Collar Crime: Size Doesn't Matter!

2010-11-19T13:42:00.001-08:00

In addition to being a former federal prosecutor, (and currently, a criminal defense attorney), for many years, I have also been a part-time criminal justice professor at a local university. One of the courses I teach is aptly called, "White Collar Crime."

But I still haven't gotten to the point of this post. My point is that the textbooks for college courses dealing with white collar crime tend to over-emphasize size when they provide illustrations of fraud, corruption, and other white collar crimes. In other words, criminal justice textbook authors tend to focus almost exclusively on the "mega cases," such as the Enron corporate fraud case, or the Madoff investment fraud case.

But look around you. The simple truth is that most white collar crime cases are relatively small theft and fraud cases committed in every community around the globe. For instance, today, I read in the news about a student who was arrested in London for leaving upper scale restaurants without paying for meals. Also, closer to home, I read that four men have been arrested for operating a small-scale gambling operation.

Again, the point is that college textbooks, by focusing only on the big cases, fail to recognize that most white collar crimes are actually just "small potato" cases committed by ordinary folks. The textbooks make it appear that all white collar crimes are big crimes, but most are not. So, in one sense, size really doesn't matter, at least when you are defining white collar crime!

Don't you agree?

Maryland Executive Jack Johnson Faces Corruption Allegations

2010-11-13T10:03:00.000-08:00

Did you hear the news out of Prince George County, Maryland? According to The Washington Post and numerous other news outlets, Prince George County Executive Jack Johnson and his wife were arrested yesterday by F.B.I. agents, who allege that the two had destroyed evidence in connection with an ongoing federal probe of public corruption and kickbacks in this Washington, D.C. suburb.

According to reports, the feds have been wiretapping Mr. Johnson for quite some time concerning alleged kickbacks which they claim he has received from real estate developers in connection with HUD grant money. Johnson maintains his innocence and asserts that he will be vindicated when the truth comes out.

Here's hoping that Mr. Johnson and his spouse get some good criminal defense lawyers who are experienced in federal criminal cases! As a former federal prosecutor, (and currently, as a criminal defense attorney in Augusta, Georgia), I can attest that, facing an F.B.I. federal wiretap case, they are going to need all the help they can get!