The Happy New Year Haiku!

The (No-So) Happy New Year Haiku From The Goolsby Law Firm, LLC:

New Year Certainties:

Death, Higher Taxes, Divorce

And White Collar Crime!

[All haikus and all kidding aside: We wish you a Happy New Year!]

CRIME: Causation, or Why Do People Commit Crimes?

According to the Old Testament, how long did Cain's brother live? As long as he was Able! Why do people commit crimes? From the time of Cain and Able, that question has plagued the world. And there are no easy answers! As a former state and federal prosecutor for over 26 years, I have seen countless reasons offered by defense lawyers for why their clients commit crimes. As a criminal defense lawyer, presently, I also see firsthand that each case is different.

Let's briefly consider some of the traditional theories and then we will consider some of my own theories about why people commit crimes! The classical and positivist theories are two of the traditional schools of thought concerning crime causation. According to the classical theory, a criminal exercises free will and makes a rational choice to commit a crime because it brings him or her pleasure. The positivist school maintains, on the other hand, that each criminal is influenced by social or economic conditions to commit crime. Another theory, (offered by a famous sociologist, Edwin Sutherland), called "differential association," maintains that each criminal learns bad behavior by associating with others who approve of it. This theory is often offered as an explanation of white collar crime.

But I have a couple of other theories about why folks commit crimes! I submit that some people are just plain greedy and others are just plain mean! (Of course, these theories do not apply to any of our clients)!

On a more serious note, I also maintain that the breakdown of the family unit is a leading cause of the rising crime rate in the United States. And no, I am not referring to the traditional "Ozzie and Harriet" family unit. You don't necessarily have to have a mother and father to avoid crime. But my theory is that each child does need somebody--whether it is a mother and father, or father, or mother, or grandmother--at least SOMEBODY, to ensure that that child is where they need to be and that they are doing what they are supposed to be doing at all times! Sadly, for too many kids today, there is no SOMEBODY there to watch over them and keep them on the straight and narrow path! And this may lead to criminal activity in some cases.

But another important point I want to make in this post is that, in my opinion, there are no simple, easy explanations of crime causation. Each crime and each criminal is unique. Therefore, for each crime, there is a unique set of reasons for why it occurred.

What do you think are the primary reasons for why people commit crimes?

From The Goolsby Law Firm: "Merry Christmas!"

From all of us at The Goolsby Law Firm, LLC to all of you around the world: "Merry Christmas and Happy Holidays!"

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.

State Budgets and Prisoner Numbers

According to Wikipedia, the United States has the greatest number of prisoners, per capita, of any nation in the world. However, news reports this week indicate that, next year, for perhaps the first time in 40 years, the number of prisoners in this country may actually drop. What is the reason for this abrupt change? Are judges getting soft? Has our criminal justice system developed new, innovative sentencing options which account for fewer defendants getting incarcerated? I'm afraid not!

Perhaps new sentencing alternatives are contributing a little bit to fewer incarcerations by sentencing judges. For instance, drug courts are now a popular, fairly new innovation which result in more probationary sentences. But drug courts still are not in vogue everywhere and do not account for the drop in prisoner numbers.

As I have promoted before in this blog, I wish states would also use diversion centers to house more of their non-violent offenders. Diversion centers cost a lot less than prisons and offer a more constructive alternative, especially for white collar crime offenders. By using diversion centers more, and by housing fewer inmates behind bars, states could save money, defendants could get jobs, and victims could get restitution. But diversion centers and other alternative sentencing ideas are not the reason for the drop in prisoner numbers.

The real reason for the slight expected drop in prisoner numbers is..........state budget problems. As states, such as California, are struggling to keep their budgetary heads above water, they are looking at other sentencing options, and even at widespread early prisoner releases, to help control costs.

So, while our states and our criminal justice system still generally "don't get it," when it comes to meaningful reform, the number of prisoners is actually about to go down. You decide whether or not that is a good thing. In my opinion, until true reform occurs, (with more drug courts and diversion centers), the statistics don't really mean a thing.

Randy Quaid and "Christmas Vacation"

Don't you agree that the movie, "National Lampoon's Christmas Vacation," is a holiday classic? In my opinion, actor Randy Quaid, who plays Clark Griswald's (i.e. Chevy Chase's) country bumpkin brother-in-law in the movie, is a primary reason to watch this comedy! I always enjoy Randy Quaid's performances! In the "Christmas Vacation" movie, Quaid has a number of classic lines. For instance, when Clark Griswald fails to get his anticipated Christmas bonus check and instead receives from his boss a "jelly-of-the-month" subscription, Quaid kindly pats him on the back and observes, "Clark, that's the gift that keeps on giving!"

So, you might wonder, what does Randy Quaid or this holiday movie have to do with a blog about white collar crime?! Well, here's the connection! Unfortunately, as you may have read, arrest warrants have reportedly been issued by a California court for Quaid and his wife, based upon their failure to appear and answer fraud charges brought against them by a California inn-keeper. According to Quaid's attorney, the charges are all a mistake. The Quaids have reportedly already paid the inn-keeper in full. Here's hoping that the Quaids are correct and that their defense attorney can straighten out this mess!

But the point of this post is that, no matter whether or not criminal charges are valid, it is always critical that you communicate with your defense lawyer and that you ALWAYS appear in court, as directed! Otherwise, like the Quaids, you might receive a prison sentence and that, my friends, is a "gift that keeps on giving!"

The I.R.S. Is Coming To Get You!

Have you heard the news? The I.R.S. is coming to get you! Actually, the news reports concern a new I.R.S. unit which is designed to catch wealthy tax cheats who engage in income tax evasion by hiding unreported income in complex corporate entities around the world.

Not only is the Internal Revenue Service reportedly hiring hundreds of new employees for this new unit, but also is opening offices around the world in places such as Beijing, Panama City, and Sydney. We truly have become a global economy, so a global approach is necessary.

It will be interesting to see how much success this new I.R.S. unit will have in the next few years. This new approach by the I.R.S. to focus on high-rolling international tax cheats may be their best move in years! And as long as the I.R.S. is focused on the international high rollers, then maybe at least they won't be raiding the homes of ordinary citizens and seizing their children's piggy banks! (Of course, I am only teasing! As a former federal prosecutor, I know that none of my I.R.S. agent friends would ever do that!)