Friday, July 31, 2020
TENNESSEE STATE SENATOR CHARGED WITH THEFT OF GOVERNMENT FUNDS
Monday, June 4, 2018
DOJ TO ADD 300 NEW FEDERAL PROSECUTORS
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
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[Photo of Postal Delivery Truck from wikipedia] |
Thursday, November 1, 2012
A Goolsby "War Story:" The Case of the Mysterious Purse
Thursday, September 20, 2012
A Goolsby "War Story:" More Examples of Kickbacks in Fraud Cases
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[Stacks of Cash Depiction from wikipedia] |
Friday, March 23, 2012
An Armenian Bank Fraud Ring Bites the Dust
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[Photo from mortgage foreclosure.org] |
Saturday, May 22, 2010
Special Challenges in Major White Collar Crime Prosecutions

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

Tuesday, December 22, 2009
A Goolsby "War Story:" 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

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

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!

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!