FEDERAL CHARGES BROUGHT AGAINST COMPANY SELLING COVID-19 PILLS

 

According to a press release issued today by the U.S. Attorney's Office for the Southern District of Georgia, (my old office when I was a federal prosecutor), federal charges have been brought against Matthew Ryncarz doing business as Pharm Origins for allegedly selling pills online with false claims that they can reduce your chances of catching Covid-19 by up to 50 per cent.

The government contends that Ryncarz's company has engaged in fraudulent practices which violate the federal Food, Drug, and Cosmetic Act, (FDCA).

Of course, every defendant is presumed innocent unless and until proven guilty by the government beyond a reasonable doubt.

DOJ TO ADD 300 NEW FEDERAL PROSECUTORS

[D.O.J seal depiction from wikipedia]

     According to various news reports, the United States Department of Justice has announced today that approximately 300 new assistant U.S. attorneys will be hired around the country to help meet the President's crime-fighting agenda.
     The DOJ said it will add 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 immigration prosecutors.
     As a former A.U.S.A. for more than 20 years in Augusta, Georgia, I can attest to the good work generally done by the DOJ in the field.
     Here's hoping that the addition of these prosecutors will help combat crime on the federal level.

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?

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!

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?

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?

A White Collar Crime Haiku

A WHITE COLLAR CRIME HAIKU

Fraud, greed, everywhere.

No one hears the victims' cries.

Some things never change.

Scarlett Johansson's Alleged Computer Hacker Arrested

[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!

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.

Just Another Typical Investment Fraud and Ponzi Scheme

[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 "Joke of the Day" About Lawyers!

[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!

[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

[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! 

Criminal Justice Careers and Former Students

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!

Big Brother is Watching You, Atlanta!

[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?

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

[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

[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?

[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

[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?