OHIO STATE HOUSE SPEAKER ARRESTED

  The United States Attorney for the Southern District of Ohio announced today that Larry Householder, the Speaker of the Ohio State House of Representatives, has been charged along with four others with helping to pass a nuclear bailout bill in exchange for nearly $61 million in bribes.  The bill added a surcharge for energy consumers to help raise $150 to bail out two unprofitable nuclear plants.  This is reportedly the largest bribery case in Ohio history.

As a former federal prosecutor in the Southern District of Georgia, I once prosecuted Georgia's former Senate Majority leader in a fraud and public corruption case.  So, I know how tough such complex criminal cases can be!

Of course, all defendants are entitled to a presumption of innocence unless and until convicted beyond a reasonable doubt.

FORMER SOUTH KOREAN PRESIDENT SENTENCED

[Photo of Lee Myung-bak from wikipedia]

    As a former federal prosecutor in Augusta, Georgia, I prosecuted a number of public corruption cases, including one against the State of Georgia's former Senate majority leader.  Of course, public corruption cases are not restricted to the United States.

    According to various news sources, former South Korean President Lee Myung-bak, (2008-2013), was sentenced today to serve 15 years in prison on bribery and embezzlement charges.

CLOSING ARGUMENTS IN MANAFORT TRIAL: HOW LONG IS TOO LONG?

[Photo from wikipedia]

Today, closing arguments began in the criminal trial of former Trump campaign coordinator Paul Manafort.  According to various news reports, both sides asked the Judge for up to two hours for closing arguments.  Judge T.S. Ellis reportedly voiced skepticism about the lawyers being able to keep the jury's attention for that long!

What do you think? Should closing arguments be kept under an hour? Are jurors less attentive than they were one hundred years ago, when closing arguments often lasted for hours?

As a former federal prosecutor in Augusta, Georgia, I handled a few major complex fraud and public corruption cases in which my closing argument reached 90 minutes in length. However, I always tried to remember that if you talk too long, you will lose your jury!

Favorite White Collar Crime Movies and American Hustle

[American Hustle Movie Poster From Wikipedia]

As a former federal prosecutor and, currently, as an Augusta, Georgia criminal defense lawyer, I love books and movies about courtrooms and crime.

What is your favorite movie about white collar crime? Some of mine include: The Firm, starring Tom Cruise, Silkwood, starring Meryl Streep, and A Civil Action, starring John Travolta.

But after this weekend, if the critics are correct, I may be updating my personal list of favorites with a new David O. Russell film, called American Hustle. This new white collar crime movie has everything, including good directing, good acting, (with Christian Bale and Jennifer Lawrence, among others), and, apparently, a good, fast-paced script! The film reportedly focuses on the F.B.I.'s use of a two-bit con artist to pull a sting on some crooked politicians!

Speaking of stings, that reminds me of another one of my favorite movies about white collar crime:  The Sting, which starred Paul Newman and Robert Redford!

Here's hoping that American Hustle lives up to its billing and that it becomes one of our all-time favorite movies about white collar crime!

Again, what are some of your favorites?

Life in America Today: Drones, the IRS, and the NSA

[Drone photo from telegraph.co.uk]

Are you as alarmed as I am about the growing government intrusions into our lives and privacy in America today? Just recently, we have seen reports about more and more police departments now using drones to spy on us. Drones have also been used by the government to kill American citizens abroad. Okay, maybe that last example won't upset you, because the targets have been overseas and terrorists.

But what about other recent examples, here at home? For instance, aren't you alarmed that the I.R.S. has been targeting conservative Tea Party members? How about the recent revelation that the government has targeted Fox News reporter James Rosen, and obtained his (and family members') telephone records, along with telephone records of other reporters at the AP news agency? Are you alarmed yet?

And now, today, we have also learned that the National Security Agency (NSA) has been secretly obtaining telephone records of literally millions of American citizens from Verizon!

Maybe we aren't all going to Hell in a hand basket, and maybe justifications exist for some of these actions. However, my point is that all of us, as freedom-loving Americans, should be vigilant and concerned about such growing government intrusions into our freedom and privacy. 

What do you think?

Happy Mother's Day from the Goolsby Law Firm!

[Mother's Day depiction from connect-in.com]

"A Mother's Day Memory"

          By Richard Goolsby

Oh, to think of Mother's hug,
Evokes a sentimental tear!
My heart strings pull and tug,
As Mother's Day draws near!

When I was young and ill,
She would rock me through the night.
That old rocker squeaked and squealed,
But still, she held me tight.

I can feel her arms around me,
As she held me late one night.
I can feel her love surround me,
Mother's love makes most things right.

I can see her -- just above me,
I can hear her voice, so clear,
And the words to "Jesus Loves Me,"
From her lips down to my ear.

Yes, it's true -- my mother's gone,
But it's also true, you see,
My mother still lives on,
In my heart and memory!

Happy Mother's Day to all moms "out there!"

My Take on the Atlanta Public School Cheating Scandal

I would imagine that most of you are aware that, in the past week, a total of 35 Atlanta area public school teachers and school officials have been arrested in connection with the law enforcement probe of alleged cheating by teachers on standardized tests, which led to inflated student test scores in various Atlanta public schools.

Look, I am quite sure that we can all agree that such cheating is wrong! There's no room for debate about that! But here is my take on this prosecution -- and you may or may not agree with me!

First of all, I acknowledge that, presently, I am a criminal defense lawyer  in Augusta, Georgia. I proudly defend folks accused of crimes. But even as a former career prosecutor, both state and federal, I would never have made this into a criminal case. In my opinion, such cheating by teachers should be a firing offense, but not a criminal offense!

My teacher friends tell me that our entire school system is a mess. No Child Left Behind has put tremendous pressure on teachers to focus their efforts on test-taking and test performance, rather than on teaching the little urchins how to read and write! It is no wonder that some teachers will feel pressured to fudge on scores.

Again, I am not saying we should reward cheaters! That is not my point! All I am saying is that we shouldn't be trying to put them in prison, either! In short, again, this cheating, in my opinion, should be a firing offense and not a criminal offense!

What do you think?

The Goolsby Law Firm, LLC: Meet the Lawyers!

As you may know, we are the Goolsby Law Firm, LLC, which is composed of father and son attorneys who enjoy practicing law together in Augusta, Georgia. But we also enjoy having fun together, as shown in the top photograph of me and my three sons on a recent hiking trip in the Georgia mountains! The second photo shows my second son, Blake, following his recent swearing in at the Augusta courthouse! I feel very blessed to get to practice law with my sons, and to share good, practical tips and information in this blog for you to discuss with your own criminal lawyer!

Churches, Copper Thefts, and Hot Places in Hades

We have discussed before in this blog about the problems of vandalism and thefts from churches, along with the exploding copper theft epidemic. This past week, both problems intersected. As reported by various news agencies, someone stole part of the copper roof and gutters from the Palisades Community Church in Washington, D.C., (not pictured above).

As a former federal prosecutor, (and currently, as an Augusta, Georgia criminal defense lawyer), here's hoping that D.C. police catch the crooks responsible for this theft. Here's also hoping that there is a "special" place in Hades for anyone who would steal from a church! 

What do you think?

Legal Question of the Day: Is Use of Drones to Kill American Citizens Okay?

[Drone Photo from telegraph.co.uk]

So, here is the "legal question of the day:" Do you believe that using unmanned drones to kill American citizens, on U.S. soil, who are suspected of terrorist activities would be legal?

The Attorney General, Eric Holder, has stated his opinion that such an action would be legal and justified. On the other hand, yesterday and last night, U.S. Senator Rand Paul, during a thirteen hour-long filibuster of the confirmation of John Brennan as C.I.A. Director, countered that such strikes would violate our Constitution.

Who is right? What do you think?

Former New Orleans Mayor Ray Nagin Indicted on Bribery and Kickback Charges

[Photo of Former Mayor Ray Nagin from wikipedia]

Did you hear the news? According to various news reports, former New Orleans Mayor Ray Nagin was reportedly indicted today by a federal grand jury for allegedly using his former office for private gain. 

According to the reports, the federal charges include, among other things, $160,000 in bribes to Nagin and truckloads of granite for his private business in exchange for allegedly giving millions of dollars in city contracts -- post Hurricane Katrina -- to certain "preferred" businessmen. 

As a former federal prosecutor, and, currently, as an Augusta, GA criminal defense lawyer, I have seen this type of "mutual back-scratching" deal occur over and over. The names may change, but the white collar crimes stay the same!

Of course, an indictment is not evidence and the former mayor will be entitled to his day in court. It will be interesting to see what happens! What do you think?

HSBC Banking Company Settles With DOJ

[Photo of HSBC's London Headquarters from wikipedia]

Although I am a former federal prosecutor, (and also, currently, an Augusta, Georgia criminal defense lawyer), I have also taught criminal justice courses part-time at a local university. One of the topics which we recently discussed in my course about White Collar Crime dealt with whether or not some white collar corporate defendants in some cases can unfairly avoid criminal liability -- for the corporation and/or its officers -- by simply paying a fine. In other words, do some white collar criminals get away with fraud and corruption with just a slap on the wrist in the form of a monetary penalty?

Have you read about the case involving HSBC, one of the world's largest banking companies, which is headquartered in Great Britain? According to various news reports, HSBC has been under investigation by the U.S. Department of Justice for allegedly laundering or transferring funds from Mexican drug cartels and for allegedly transferring funds to benefit Iran, in alleged violations of various sanctions. While everyone is entitled to their day in court, and while everyone should be presumed innocent until proven guilty, these are some pretty serious allegations, don't you agree?

Today, according to various news reports, HSBC is reportedly entering into a "deferred prosecution agreement" with the U.S. Department of Justice, whereby prosecution of HSBC and its executives will apparently be deferred, or avoided, and HSBC will simply pay a whopping $1.9 billion penalty.

Look, let's be fair: no one here is saying that any particular individuals in that situation should be prosecuted. We do not know all the facts. And no one should be judged based upon some news reports. And no one can fairly claim that $1.9 billion is merely a slap on the corporate wrist.

But the question still remains, as we discussed in my college class: Generally, do you believe that, in some criminal cases, (without focusing on that one), some corporations and corporate executives can avoid jail time by simply paying their way out of problems? Are there different standards or considerations in white collar crime, as opposed to street crime? What is your opinion?

How Do You Find A Good, Experienced Criminal Lawyer?

In this blog about white collar crime, we generally try to give you good, interesting information about various hot topics in criminal law.  I also try, from time to time, to entertain you with some of my "war stories" from the court room. But we also try to give you some practical ideas and information about our criminal justice system for you to discuss with your own criminal lawyer.

Today, I want to focus on that last category -- and a topic which has become a pet peeve for me.  The topic is: How do you find a good, experienced criminal defense lawyer? Put another way, if you are in trouble with the law, should you simply call around and find the dirt cheapest lawyer out there!? That part is the part which bothers me!

As Augusta, Georgia criminal lawyers, (including over 26 years as a former state and federal prosecutor), every single day, we receive telephone calls and email inquiries from people all over Georgia who are looking for a criminal defense attorney. And sometimes, it seems that all some callers care about, (even if they have money), is hiring the cheapest criminal lawyer they can find. In my opinion, as a trial attorney who has seen both the best and the worst which the bar has to offer, that is a lousy approach!

Here are a few suggestions about finding the best criminal lawyer for your criminal case. First of all, we recommend that you talk with family and friends about their recommendations. Did Lawyer Smith really get Uncle Clem out of trouble? 

We also suggest that you actually make appointments and meet with several prospective attorneys. And ask them good, tough questions about their experience, including how many criminal cases, and what kind of criminal cases, they have tried. But that is just a start. The point is that, when your life and freedom are on the line, you should do your research and focus on finding the best, most experienced criminal lawyer -- and not just the cheapest lawyer -- which you can afford! 

Trust me, all criminal lawyers, just like all plumbers, barbers, or doctors, are NOT just alike. Many are experienced and competent; others are not. So, do your research. But please, please, please don't simply look for the cheapest lawyer you can find!

Georgia Tax Returns Face New Identity Fraud Screening System

[Photo of GA State Prison from Wikipedia]

As a former federal prosecutor, and, currently, as an Augusta, Georgia criminal defense lawyer, I have handled many cases involving identity fraud. The State of Georgia, like many states, has had a serious problem with fraudulent income tax returns being submitted for tax refunds by con artists using identities of innocent victims.  According to various news reports, the State detected approximately 29,000 fraudulent tax returns in 2009, 52,000 such returns in 2010, and the number has swelled to approximately 100,000 bogus tax returns for 2011. 

But, apparently, help is on the way for the Georgia Department of Revenue in preventing tax refunds from being sent to identity thieves!  According to news reports, the State of Georgia has recently implemented a new computer screening system which will better detect fraudulent tax returns. For instance, the new screening system has better access to millions of legitimate addresses and can apparently better detect bogus addresses.

We can only hope it helps!  Identity theft affects us all, including all of us, as taxpayers, and also all those identity theft victims out there who were expecting quick tax refunds!

Food Stamp Fraud in a Food Stamp Nation

[Food Stamp SNAP Logo Depiction from wikipedia]

Times are tough.  Some people claim that the United States has become a food stamp nation.  According to the latest government statistics, over 46 million Americans now receive food stamp assistance.  Most store owners and food stamp recipients are honest.  But, as to every government program, including the food stamp program, there will always be some fraud and cheating.

For instance, according to various news reports, a St. Paul, Minnesota Iraqi immigrant and market owner, Khaffak Ansari, was sentenced this week to serve 41 months in federal prison for food stamp fraud.  According to reports, Ansari was also ordered to pay $2.4 million in restitution.

Food stamp recipients are generally required to use their government-issued debit cards to purchase food, but sometimes, with a wink and a nod from cheating store owners, they purchase alcohol or cigarettes, or trade their debt card credits for cash.

In Ansari's case, the government claimed that he cheated the government food stamp program, (also known as the Supplemental Nutrition and Assistance Program, or "SNAP"), out of $2.5 million by trading cash for food stamp benefits for which the government then reimbursed him.

As a former federal prosecutor, I sometimes prosecuted fraud cases like this one.  I also sometimes saw the same problem occur which apparently happened in this Minnesota case.  Specifically, sometimes when the government agents make such cases, they estimate the amount of fraud, but they don't always have clear cut proof to back up their estimates.

Yes, times are tough.  But here's hoping that the government will do a better job of cracking down on the cheaters, so that there will be something left to help the honest folks.  Don't you agree?

Prosecutorial Misconduct, the Michael Morton Case, and Lessons Learned

[Photo of Lady Justice from wikipedia]

Did you see the C.B.S. 60 Minutes segment last week about a wrongly convicted man named Michael Morton?  Well, you should have seen it! This story was incredible! This poor man has recently been freed from a Texas prison, after serving 25 years for a crime he did not commit.  The horrible crime was the murder of his wife. His liberators included criminal attorney Barry Scheck and the Innocence Project, which helped clear Morton through DNA testing which was unavailable when he was convicted. Fortunately, police now also reportedly know who actually committed the murder.

But the point of this post involves one of the primary reasons why Mr. Morton was wrongly convicted in the first place.  According to the news report, back in 1987, when the case was tried, the prosecutor allegedly withheld key investigative reports from the defense.  (This allegation, which is reportedly being made against the former D.A., who is now a judge, is still under investigation).  One of the alleged withheld reports involved an interview of the grandmother of the Mortons' little boy, who was at home when his mom was tragically murdered.  In the report, the young child reportedly told his grandmother that the killer had a mustache, (which Mr. Morton did not have), and that this dad was not home at the time of the murder.  Again, this evidence was reportedly withheld from the defense.  

In fairness to the former D.A., he contends that he told the defense attorney about the report.  In other words, this question (about whether or not the report was turned over), is in dispute.  But don't you see how wrong it was if the D.A., in such a case, did not turn over such exculpatory evidence to the defense?

Here is my proposed solution to this serious problem:  I believe that prosecutors everywhere should generally be required to turn over ALL investigative reports to criminal defense attorneys.  Look, I know this solution can work!  As a former state and federal prosecutor, for over 26 years, I generally always followed an "open file" discovery policy in all criminal cases, (with limited exceptions for confidential informants' identities, or other sensitive matters, such as victims' addresses or telephone numbers).  In short, sometimes the procedural rules may not have required full disclosure, but I preferred to follow a "show and tell" policy of everything in my file.

Prosecutors should realize that, by being more open in discovery, they not only are doing the right thing, but also they will quickly get more guilty pleas, because the defendant will more clearly see you've got them when you show them "what you got!"

But, over the years, I have seen some short-sighted prosecutors who appear to want to hide their files from the defense.  As an Augusta, Georgia criminal defense lawyer, I have learned that obtaining discovery from an overly zealous prosecutor can be like pulling teeth with pliers!  This is wrong!  And it can lead to wrongful convictions, as in the Morton case!

I was an aggressive prosecutor who zealously represented crime victims' rights!  Trust me, I was no bleeding heart!  But I also tried to always remember that, it is the prosecutor's role, as former Supreme Court Justice Sutherland described it, to "strike hard blows, but not foul ones."  In short, if the evidence is on your side, you can still try hard to win, but it won't hurt for the D.A. to help ensure a fair trial, and a level playing field, by turning over ALL the evidence to the defense attorney!  

Then, maybe we wouldn't have to look back, 25 years later, and wonder -- what else should have done to ensure this poor man a fair trial?

What do you think?

Spam, Scams and Sucker Lists

[Photo of FBI Seal from wikipedia]

As you may know, we are a father and son family law and criminal defense law firm located in Augusta, Georgia.  I was also a federal prosecutor, here in Augusta, for over 20 years.  But that doesn't prevent us, at the Goolsby Law Firm, LLC, from receiving almost daily scam emails from con artists around the world claiming that they want to send us a lot of money!  Of course, the criminals are really just wanting to obtain their victims' bank account information!

How should we all react to such scams?  Frankly, even though I once prosecuted telemarketing fraud and other fraudulent schemes, I don't know!  But I do know that it is probably best to NEVER reply to any of these bogus email solicitations, because, once you do, you probably will be automatically adding your email address to what is called, in the con artists' "trade," a "sucker list." 

In other words, such con artists will often focus even more on folks who have ever replied or otherwise given any encouragement at all to their fraudulent entreaties.  They will also often sell, or trade, their "sucker lists" of potential victims with other con artists, which will make it even more likely that you will get even more spam/scam offers in the future!

So, maybe I DO know the best solution to the problem of how to deal with fraudulent emails.  In my opinion, while I would like to reply to such emails, "tell them off," and threaten to inform my friends at the F.B.I., I believe the best response, in most cases, is simply to press "delete!"

Haven't you received such fraudulent emails?  What do you think?

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

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?

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

[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!

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!