Showing posts with label federal crimes. Show all posts
Showing posts with label federal crimes. Show all posts

Friday, July 31, 2020

TENNESSEE STATE SENATOR CHARGED WITH THEFT OF GOVERNMENT FUNDS

courthouse – Jasper County Georgia
According to various news reports, earlier this week, Tennessee State Senator Katrina Robinson was indicted by a federal grand jury for allegedly embezzling $600,000 in federal funds from a healthcare institute she operated.  According to a criminal complaint filed by a Memphis U.S. Attorney, Ms. Robinson improperly spent federal funds on numerous personal things, including a wedding, a divorce, and a vacation.

As a former federal prosecutor in Augusta, Georgia, I once handled many prosecutions like this one involving embezzlement of government funds.  One oddity I would note about this case is that, generally, when I prosecuted, I didn't first obtain a complaint and then indict.  I simply obtained an indictment.  In this case, it appears the prosecutor filed a complaint first, and then obtained an indictment.  Was this done in order to get juicy details about the facts of the case out into the public arena?  Maybe not.

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

Monday, June 4, 2018

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.

Friday, December 21, 2012

A Sad Reality About Postal Employee Thefts and the Holidays

[Photo of Postal Delivery Truck from wikipedia]
As Christmas approaches, are you expecting to receive gift cards or money in the mail from family members? Well, frankly, we all must face the fact that, for various reasons, the mail does not always reach its destination, even at Christmas. 

As a former federal prosecutor, here, in Augusta, Georgia, I sometimes prosecuted mail thefts by U.S. Postal Service employees. Some cases involved simple thefts of newspapers or magazines. Other thefts included income tax refund checks and other valuables sent through the mail. But generally all such thefts involve a horrible abuse of a position of trust.

According to various news reports, during six months of 2012, 171 Postal employees around the country were charged with theft or destruction of U.S. mail. In one recent case, in an Atlanta federal court, Gerald Eason, a postal supervisor at an Atlanta mail distribution facility, was prosecuted, along with four co-workers, for reportedly stealing $3 million in U.S. Treasury checks, including folks' V.A. and Social Security checks.

So, while you may be expecting a gift in the mail this Christmas from grandma, please realize that, sadly, it simply might never reach your mailbox! Unfortunately, no one is immune from white collar crime, even during the holidays.

Thursday, November 1, 2012

A Goolsby "War Story:" The Case of the Mysterious Purse



Have you ever been in a situation in which you sensed danger and realized you needed to think fast in order to escape it? Consider the following fact-based "war story" from my days as a federal prosecutor.


I will never forget how tired I felt that afternoon. I was an Assistant U.S. Attorney in Augusta, Georgia. Several months earlier, I had fought for the opportunity to handle the prosecution of a major healthcare fraud case. This was a major white collar criminal case --a career-making case -- which had made the news headlines nearly every day. Ever since my assignment, I had been working hard, seven days a week.

On this particular afternoon, I was sitting at my desk and reviewing some boring F.B.I. 302s, (investigative reports of witness interviews). The U.S. Attorney's Office receptionist buzzed and told me that a lady, a Ms. Johnson, was up front, waiting in the reception area. The receptionist didn't know exactly who this visitor was or why she was there to see me.

When I opened the door which divided the inner offices from the reception area, I immediately saw a middle aged woman who was neatly dressed. I still had no idea who she was. I also quickly noticed that she seemed emotionally distraught and that, oddly, she had one of her hands inside her purse.

I introduced myself to her and asked if I could help her. She proceeded to tell me that her name was Irene Johnson. She added that she was the wife of Jim Johnson. I also noticed that she continued to fumble with her purse -- nervously opening and closing it as she talked.

Immediately, I realized who she was. I had learned from my case agent that her husband had just been fired by the big healthcare company which was the target of my federal grand jury investigation. According to the local newspaper, Mr. Johnson, her husband, had confronted his boss about alleged wrongdoing at the company. As a result, the boss had just given her husband the ax. 

Even though I was not the guilty party who had fired her husband, I soon realized that this lady, as she continued to ramble and vent her anger, somehow blamed me, and our federal investigation, for their predicament.

And again, I watched as she kept fumbling with her purse, and kept putting one hand in it, as she continued to ramble on and on about how I didn't realize the damage I had caused her family.

Then, I started getting a little nervous. I was unsure what to do. Now, this woman was getting all worked up and chewing me out! And I had an errie feeling, and a sense of danger, but, still, I couldn't be sure about what I faced. Naturally, I couldn't see what was in her purse, but, just as naturally, I feared she had a pistol in it. To this day, I truly believe that she had a gun and that she was undecided about whether or not to use it. Maybe, I believe, she simply wanted to speak her peace before she took her revenge against me.

I quickly considered my options. I calculated that it would be difficult for me to attempt to tackle her, from across the room, before she snatched out her gun and shot me. But still, that seemed like one good option. However, on the other hand, I still just couldn't be sure she even had a weapon. I certainly didn't want to face the embarrassing prospect of taking down an innocent person who was simply reaching in her purse for a tissue! How would that look in the local newspaper? Nevertheless, I knew I needed to do something quick. I was in a situation in which I sensed that I needed to think and act fast, or possibly face dire consequences!

So, rather than tackling her, I decided to try a different approach. I chose to put on my best preacher's son's hat. In short, I elected to try to talk with her and show her some compassion. I proceeded to let her know how sorry I was about her predicament and, then, I told her that I would pray for her and her family.

That's what did it. That's what worked! I believe that when she saw that I was not a cold government prosecutor, but simply a nice young man doing his job, it melted her resolve to do what, (if anything), she might have been contemplating. But I don't want to overstate things. I didn't completely disarm her with my charm! Ms. Johnson did not smile at me, nor did she offer any apology. She seemed confused. Without a parting word, but after hearing I would pray for her, the flummoxed Ms. Johnson simply closed her purse, turned, and left.

Did she really have a gun? Did she really intend me harm? I will never know for sure. But I do know that, sometimes, when you sense danger, you had better think and act fast in order to escape!

And yes, I did pray for her. But you'd better believe that I never again entered the reception area of the U.S. Attorney's Office without first knowing who was waiting there and exactly what they were toting!  










Thursday, September 20, 2012

A Goolsby "War Story:" More Examples of Kickbacks in Fraud Cases

[Stacks of Cash Depiction from wikipedia]
Recently, I started a series of posts in which I describe examples of kickbacks which were paid in major fraud cases I saw as a former federal prosecutor. Currently, I am a criminal defense lawyer in Augusta, Georgia, where I practice law with my sons, but I handled a number of significant white collar criminal cases as an Assistant U.S. Attorney for over 20 years.

In one major "honest services" mail fraud case, the defendant construction company paid a total of $2.7 million in kickback payments to an employee of another company, in exchange for being awarded profitable construction contracts by the other company's employee. One of the many kickbacks, or rewards, paid in this case included a total of $13,945.00 paid to two dating services, (for the employee's benefit and enjoyment), including one dating service located in Atlanta and another one located in San Diego. In addition, the defendant construction company actually paid for the (other company's) employee's travel costs to fly around the country to date all the women he met through the dating services!

Now, you must admit, while fraud is wrong, those are nice kickbacks!

Friday, March 23, 2012

An Armenian Bank Fraud Ring Bites the Dust

[Photo from mortgage foreclosure.org]
As a former federal prosecutor, (and, currently, as an Augusta, Georgia criminal defense lawyer), I have often predicted that, sadly, most of us will eventually become victims of identity theft.  But this week, thanks to the good work of federal prosecutors in Los Angeles, at least one organized crime ring, which focuses on identity theft and bank fraud, has "bitten the dust!"

According to various news reports, four members of an Armenian organized crime conspiracy were found guilty in Los Angeles federal court of one of the largest bank fraud and identity theft schemes in California history.  

According to reports, the enterprise was headed by one of the defendants, Arman Sharopetrosian.  The four defendants operated their criminal enterprise out of their prison cells.  They reportedly used cell phones to access Social Security numbers and birth dates of innocent victims and used the information to steal over $10 million from victims' bank accounts.  (Just imagine what they might have accomplished if they had not already been incarcerated!?)  

The defendants will be sentenced at a later date.  And they will face some really tough federal statutory and guidelines sentencing!  Each count of federal bank fraud carries with it a 30 year statutory maximum.  Also, each count of aggravated identity theft carries with it a mandatory two year prison sentence which must run consecutive to any other counts!  Hopefully, these guys also won't be allowed to keep their cell phones!

Have you ever been a victim of identity theft or fraud?  Do you know someone who has?

Saturday, May 22, 2010

Special Challenges in Major White Collar Crime Prosecutions

I want to start a new periodic series in this blog about what it is like to be a federal prosecutor and how, as a former AUSA, I "put together" some of my major prosecutions. Trust me, a lot of planning and hard work goes into many federal criminal investigations. I also want to discuss some of the special challenges I faced, as an AUSA, in prosecuting high profile criminal cases.

As a former federal prosecutor in Augusta, Georgia, I was very lucky to be in the right place at the right times to try some of the largest federal fraud and public corruption cases in Georgia (and United States) history! For example, I tried the largest home healthcare Medicare fraud case and the largest vote-buying case in American history. But big cases often bring big challenges. For example, consider the following:

1. No Precedents to Guide You:
Being a federal prosecutor sometimes feels like being a Star Fleet Commander in Star Trek. Simply put, you confront new problems and new worlds never seen before! Put another way, for some of my major fraud investigations, there were no precedents to guide me. Now, don't get me wrong. The U.S. Department of Justice provides excellent resources and unparalleled training opportunities for federal prosecutors. But my point is that, in some of my major criminal cases, there were no prior criminal cases, or precedents, just like mine, and I was pretty much on my own to face them.

For example, I once prosecuted a major home health care fraud case in which the home healthcare agency owner was accused, among many other allegations, of falsely billing the Medicare and Medicaid programs for tens of thousands of dollars for a luxury Georgia Dome stadium suite, liquor, and parties. I had to determine whether or not this constituted Medicare fraud, i.e. a criminal matter, or whether it was simply a civil matter. In that case, I decided to include some of the allegations, (e.g. billing Medicare and Medicaid for tens of thousands in liquor billings), in my indictment, even though I could find no clear precedent. Fortunately, I prevailed later at trial! I could give you countless other examples.

The point is that, because there were no precedents, as a result, I often had no prosecution models, or sample indictments, to guide me. Instead, I had to do my own research, lead my own task force of agents and auditors where I wanted to go, and draft my own indictments. In other words, as a federal prosecutor, you sometimes must first research and determine whether or not the target's activities are criminal before you can really begin to prove it occurred.

But frankly, I enjoyed this special challenge of federal prosecution. I had a unique opportunity, as an AUSA, to "boldly go where no one has gone before!"

Tuesday, January 12, 2010

A Goolsby "War Story:" The Case of the Older Woman and Pretrial Diversion


In the last post, I discussed the pretrial diversion program, which is an available alternative to prosecution in the federal court system. In this post, I want to tell you a "war story" about a time I agreed to a defense lawyer's entreaties to afford his client this lenient alternative to prosecution. You be the prosecutor! You decide whether or not you would have done the same! Here are the facts:
The Department of Justice has well-publicized guidelines concerning which cases should qualify for pretrial diversion. As you would imagine, the cases should generally be very minor, non-violent crimes by first offenders. Once, years ago, as a young federal prosecutor, I was prosecuting a woman, easily in her mid-sixties, who was a local bank president, for embezzling bank funds. In particular, she was giving herself some unauthorized "extra" interest on some of her personal savings accounts. To me, it was a routine criminal case for which this defendant needed to "do some time," and also to serve as an example to others.
But then, I got a telephone call from her criminal defense attorney. He and I had worked together previously when we were both employed together at the district attorney's office. I trusted him implicitly to tell me the truth. The criminal defense lawyer proceeded to tell me that he was worried about this client possibly taking her life. He went on to explain that, in the past year, she had lost her husband and had fought her own battle against cancer. He also described other ordeals she had endured which I won't go into here. (And I have changed some of the facts here, too, but the essential facts remain). Her attorney seemed genuinely concerned about what she might do if she was prosecuted and sentenced to prison.
Here is the decision I made: After careful consultation with others, including my case agent, I agreed to give this defendant pretrial diversion, in lieu of prosecution. Ordinarily, since she was a bank executive, I wouldn't have considered it. But looking back, I am glad I did it. I became convinced that she might not make it to prison and, frankly, I had better things to do than to kill this older woman! So, if I erred, at least I erred on the side of life! What do you think? Was I too lenient? Was I hoodwinked? What would you have done if you were the prosecutor?
As another point, I am sure you will agree that prosecutors, when exercising prosecutorial discretion, should try to be be consistent from case to case, (but, at the same time, they must also consider the unique facts of each case). Should it matter that she was older and had suffered several serious tragedies in her life?
As a post script, when I informed the defense attorney about my decision, I also teased with him a bit and made him promise not to broadcast to the local criminal defense bar that I was a wimp! Instead, I told him that I expected him to tell everyone what a tough prosecutor I was!

Tuesday, December 22, 2009

A Goolsby "War Story:" The Dodge County Vote-Buying Case


"I couldn't wait to grow up, so I could get paid for voting." I will never forget those chilling words! They were spoken by an 18 year old young woman who I interviewed, (as a former federal prosecutor), while preparing for one of my biggest federal criminal cases: the Dodge County vote-buying case.

Dodge County is located in central Georgia, about an hour southeast of Macon, Georgia. It is a beautiful farming community and has some really good people who live there. But for decades, Dodge County had developed a bad reputation as a place where (some) candidates would pay voters for their votes. It had degenerated to the point where both sides in one contested election for Dodge County's sole county commissioner seat actually set up tables at opposite ends of the courthouse and supporters of the two candidates would openly bid for voters' votes as they entered the courthouse! Dodge County's sheriff was really smart. He had spread money out among vote-buyers in both county commission camps to buy votes for him! As a federal prosecutor, I was entrusted with the onerous task of prosecuting this vote-buying case and with trying to "clean up Dodge!"

Vote-buying is a federal crime, as long as a federal candidate is on the ballot. We prosecuted a total of 28 defendants. It was quite an ordeal! Fortunately, all were convicted, including the sheriff and both county commission candidates, along with a number of their supporters. The head of the Department of Justice Election Fraud Section has called this the largest election fraud case in United States history. I won my first D.O.J. Director's Award for this prosecution. But I certainly do not deserve all the credit. I was supported by an incredible team of agents from the G.B.I., the F.B.I., and the Georgia Secretary of State's Office. Without their fine work, we could not have been successful!

Awards and recognition are always nice. (Getting out of Dodge County with my skin was nice, too!) But I take greater satisfaction in believing we made a difference in how elections were conducted in this county. And I will always hope that no child in Dodge County will ever again associate growing up with getting paid to vote.

Tuesday, September 29, 2009

Illustrations For Closing Arguments in Criminal Cases

You might justifiably be wondering why does a criminal defense attorney have a picture of a cock roach in a blog about white collar crime! (And please hold the comments or jokes about criminal lawyers and roaches!)

The point I wanted to make in this post is about the importance to lawyers, (both civil and criminal), of using illustrations in closing argument at trial. The relevance of the cock roach will become apparent below! As the son of a Baptist preacher, I once marveled at how my father kept his congregations enthralled through his use of poignant or funny illustrations. I have learned that the same is true for jurors. By weaving in both quotes and illustrations, a good trial attorney can help keep the jury interested and focused on the points he or she is making.

For example, in one of my public corruption trials, (as a former federal prosecutor), I wanted to emphasize to the jury the point that the defendant politician knew about all the corrupt activities going on around him. To illustrate the point, I told the jury that, "Not even a bashful cock roach could sneak into his business without him knowing about it!" I also used a quote from the Bible, during the same closing argument, "Do not lie, do not steal, do not deceive one another." I won my case!

Now, to be honest, I doubt very seriously that I won this federal criminal case simply by using illustrations in my closing argument! But I AM convinced that, by using illustrations, a trial lawyer helps keep the jury focused and better explains important points. And I'll bet even an intelligent cock roach would agree with me on this point!

Monday, September 21, 2009

Double Jeopardy: Beware of the Feds!



Everyone is familiar with Double Jeopardy, aren't they? And no, I am not referring to the second half of the quiz show, "Jeopardy!" I am referring to the Fifth Amendment's prohibition against trying a defendant twice for the same crime! OR, as Alex would put it, in the form of a question: "What is the Fifth Amendment's prohibition against trying a defendant twice...."

But what does double jeopardy really mean? Did you know, for example, that double jeopardy does NOT prevent the federal government from indicting you and trying you in federal court, even after you have been acquitted in state court for the same crime?! The courts have actually held that this scenario does not constitute double jeopardy, because it involves two sovereigns: state and federal. The Rodney King police beating case is one example of this situation. There, you may recall, the police officers were tried and found not guilty in state court, and then they were charged and tried again in federal court. While this doesn't happen often, the point is that it can happen and does not constitute double jeopardy.

But did you also know that, before a federal prosecutor may seek a federal indictment against a criminal defendant who has already been tried for the same offense by the state, he or she must seek permission and a waiver from the Department of Justice. Do you know what this policy waiver is called?

As Alex would answer: "What is the "petit policy?!" What do you think about this practice by federal prosecutors of trying someone twice for the same crime?

Friday, August 14, 2009

"Rolling Over" in Criminal Cases



This blog article is about "rolling over!" No, I'm not referring to dogs rolling over on the grass. I'm talking about the potential advantages to a defendant in rolling over in a criminal case against his or her co-conspirators!

This topic was a big news item this past week when ponzi king Bernie Madoff's chief financial aide, Frank DiPascali, entered a guilty plea in federal court and reportedly agreed to "roll over" against others allegedly involved in their investment fraud scheme which ripped off investors of billions of dollars.

Every criminal case is different, but the old adage is often true that "the first to squeal gets the deal." The truth is that our criminal justice system promotes this practice of defendants "rolling over" on each other, as part of the plea bargaining process. For example, prosecutors will often focus on the "lower rung" defendants in a conspiracy and offer them a deal if they will cooperate against their higher ups. The point is that, in many cases, (especially if you can't beat the rap), it is often advantageous for a defendant, (after consulting with his defense attorney), to take the deal and squeal.

In federal court, there may be real incentives for a defendant to cooperate with the government. For example, if a defendant faces criminal charges carrying tough mandatory minimum sentences, the only way for him to avoid that mandatory minimum, (aside from beating the rap), is to cooperate and convince the federal prosecutor to file what is known as a "5K1.1 motion." This motion, filed by the government on behalf of defendants who have provided "substantial assistance" in the investigation of others, allows the sentencing judge to "depart downward" below the mandatory minimum sentence. So, "rolling over" is a big part of our criminal justice system and ratting on others has its rewards.

Do you believe defendants rat on each other more today than they did 25 or 50 years ago? Is there still left any "honor among thieves?!"

Wednesday, August 5, 2009

Mail Fraud and Wire Fraud



Do you know how the feds really catch white collar criminals and how the cases are often charged in federal court? The answer lies in the use of the U.S. mail by white collar criminals.

Years ago, Congress made it a federal crime, (in 18 U.S.C. 1341), to use the U.S. mail to help further a fraudulent scheme. This federal crime is known as mail fraud. Thus, any time someone sends a fraudulent solicitation or bogus claim in the mail, they may have violated the federal mail fraud statute. In addition, Congress also made wire fraud, (18 U.S.C. 1343), a federal crime. Therefore, any time a con artist makes a telephone call or uses the internet in furtherance of his scam, he has likewise violated federal law and may be visited by an F.B.I. agent.

And don't think you can get away with your crime simply by sending your bogus claims via federal express. Congress also included use of common carriers in the mail fraud statute, too! So, maybe you should just use "donkey mail," if you want to avoid a date in federal court!

Monday, August 3, 2009

Differences Between State and Federal Crimes



Do you understand the difference between a state crime and a federal crime? Most crimes are state crimes which are investigated and prosecuted by state and local officials. For example, murder, rape, robbery, shoplifting, and most other thefts are typical state offenses which would go through your state trial courts and be prosecuted by a state district attorney. Typically, federal crimes, on the other hand, are a narrower classification of crimes that have been carved out by Congress as federal offenses due to some perceived federal nexus or interest. The most common way to tell the difference is whether or not the crime has an interstate connection. For example, as to kidnapping, Congress has made it a federal offense if the victim is transported in interstate commerce, i.e. across a state boundary. (On the other hand, if the kidnap victim is not taken across state lines, it would remain a state crime and be prosecuted by a state prosecutor). As to thefts, where it is prosecuted will generally depend upon whether or not the accused has transported the stolen automobiles or other merchandise across state lines.

Bank robbery is another example of a crime carved out by Congress as a federal offense, because most bank deposits are federally insured.

In many cases, a crime may be in violation of both federal and state law. For example, many drug cases implicate both state and federal law. (This is called concurrent jurisdiction and will be addressed more fully in a later blog article). In such cases, generally, the more serious drug cases with interstate connections will be prosecuted in federal court. As a former federal prosecutor, I would often contact my state counterpart and we would decide together which one of us should take the case.

So, the bottom line is: if you want to avoid being prosecuted in federal court, then you had better avoid crossing the state line! And even then, you had also better hope you haven't committed an offense in which Congress has found a federal interest!

Friday, July 31, 2009

Telemarketing Fraud and Elderly Crime Victims


One of the saddest, more deplorable white collar crimes in the United States today, (and one which is surpassed in terms of rapid growth only by identity theft), is telemarketing fraud. Of course, not all telemarketers are criminals! Most are honest citizens. But telemarketing fraud costs its victims, who are often elderly and poor, millions of dollars each year. According to the National Consumer League, the average loss to each victim is nearly $3,000.00.
As a former federal prosecutor in Augusta, Georgia, I prosecuted one telemarketer who utilized one of the most common telemarketing fraud schemes: the lottery prize scam. Telemarketing fraud has its own lexicon or terminology. This con artist had obtained a "sucker list," which is a target list of potential elderly victims, called "marks," including their addresses and telephone numbers. He also opened a "boiler room" in Augusta, Georgia, containing alot of telephones. He then began recruiting employee-callers at local bars, who were then instructed to call and make a pitch to the targeted victims. The pitch consisted of informing them that they had won a (non-existent) lottery prize and had only to pay (bogus) taxes in order to receive their prize winnings. I learned from this case that, as in most telemarketing faurd schemes, this con artist had deliberately set up shop here in Augusta, while most of the targeted victims lived in Oregon and northern California. The con artists realize that they have a better chance of getting away with their crimes if they are located far away, geographically, from their victims.
Fortunately, this case has a happy ending. This con artist made the mistake of calling one dear 83 year old woman who smelled a rat from the beginning. She convinced the con artist to call back--after she had wisely alerted law enforcement officers, who were prepared to record and trace the call. The F.B.I. in Augusta, Georgia was then alerted and they did a fine job of catching our con artist before he could leave town, and before he could get away with any of the targeted victims' money! This telemarketer was sentenced to a lengthy sentence in federal prison!

Wednesday, July 29, 2009

Bernie Madoff and The "Corporate Perp Walk"


By now, we have all seen photographs in the news of Bernard "Bernie" Madoff, the convicted swindler and ponzi scheme perpetrator who ripped off billions of dollars from investors and is now serving a 150 year prison sentence. In my opinion, his crimes are deplorable and he is despicable. But what did you think about the staged photographs taken of Madoff, shortly after his arrest, while he was in handcuffs? Was this practice proper? In the criminal justice lexicon, this staged practice involving government agents parading an arrested white collar criminal (or perpetrator) before news media photographers is known as the "corporate perp walk." The apparent goals include fostering a public image of guilt for a prominent public figure and perhaps whetting the public's appetite for a guilty verdict. As a former federal prosecutor, even as to those, like Madoff, accused of heinous crimes, I did not believe in allowing government agents to conduct a "perp walk." I believe that, if they are guilty, then you should prove it inside the courtroom, not outside the courthouse. I once recall a situation in which agents, intent on getting their news headlines and "perp walks," raided a small town bank in south Georgia, while armed and wearing raid jackets. The agents must have resembled storm troopers. The incident terrified innocent bank customers and bystanders, along with the arrested bank officials. It was a disaster! And it was unethical and perhaps unconstitutional, in my opinion, to stage such a "perp walk." As to Madoff, while we all are disgusted with his crimes, and while we may believe 150 years may be too lenient, we still can believe the government should go about its job in a professional manner. And, in my opinion, that means dispensing with the "perp walks."

Monday, July 27, 2009

How Some White Collar Criminals Get Caught!


As a former federal prosecutor, I once prosecuted an Augusta, Georgia home health care company executive for participating in a scheme to defraud the Medicare and Medicaid programs of millions of dollars. He was tried and convicted, and then sentenced to serve a lengthy prison sentence. Fortunately for him, he was designated by the U.S. Bureau of Prisons to serve his sentence in a fairly cushy minimum security prison in Florida. There, he was allowed to drive a truck and deliver supplies, sometimes off the facility's grounds. But he wasn't happy being in confinement. So, one day, he decided to escape. He drove away and never returned. Neither he nor his truck could be found!

Later, it was discovered that he had obtained a new identity, a new sailboat, and a new girl friend. He enjoyed his newfound freedom by sailing with her around the Carribbean! Life was good! Conceivably, he might never have been caught. But he made a mistake -- a mistake often made by criminals! He confided in his girl friend about his past, including his true identity and the fact of his escape from federal prison.

Initially, his life of freedom, sailing, and sunny beaches continued. But eventually, problems developed in the escapee's relationship with his girl friend. And when the relationship soured, the girl friend's sister "dropped a dime on him" by calling the U.S. Marshal's Service and informing them about their missing inmate! He was quickly recaptured and returned to custody. But there were no more cushy prisons! This time, the former executive was assigned to a maximum security federal prison. And to top it off, he received an additional sentence of 18 months for the escape!

Is there a moral to this story? Perhaps one important moral is to never commit a crime! But maybe another moral is: never tell anyone else, even your girl friend, about your crimes! The girl friend of today may be the snitch who "drops a dime" on you tomorrow!