Monday, August 10, 2020

FEDERAL CHARGES BROUGHT AGAINST COMPANY SELLING COVID-19 PILLS

 Tablet (pharmacy) - Wikipedia

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.

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.
 

Thursday, July 23, 2020

FORMER ABSCAM DEFENDANT FACES NEW CHARGES

Michael Myers 95th Congress photo.jpg
[Photo from wikipedia]

Former Pennsylvania Congressman Michael Myers was charged this week with conspiring to violate election laws by allegedly bribing an election official to "stuff" the ballot box for candidates who had hired Myers to assist in their campaigns.

As a former federal prosecutor, I once prosecuted the largest vote buying case in American history.

Myers was previously convicted of bribery in 1981 in connection with the infamous Abscam scandal.  During that investigation, Myers was videotaped while accepting a bribe from an undercover agent.  At that time, Myers reportedly had said, on tape, "money talks in this business and bullshit walks."

Of course, Myers is presumed to be innocent, unless and until proven guilty in court.

Tuesday, July 21, 2020

OHIO STATE HOUSE SPEAKER ARRESTED

Coat of arms or logo  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.

Friday, October 5, 2018

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.



Wednesday, August 22, 2018

MANAFORT FOUND GUILTY ON EIGHT COUNTS

[Photo from wikipedia]

     As you have probably heard by now, former Trump campaign chairman and businessman, Paul Manafort, was convicted by a jury in federal court yesterday on eight counts of tax and bank fraud. The jury was reportedly unable to reach a verdict on the ten remaining charges. Sentencing will be at a later time.  Manafort also still faces other federal charges in the D.C. district.

As a practical matter, being convicted on even one count, in federal court, which utilizes the federal sentencing guidelines, is sufficient for a federal judge to consider all relevant conduct in imposing sentence. And there is no parole federally.
    

Wednesday, August 15, 2018

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!