Showing posts with label A Civil Action. Show all posts
Showing posts with label A Civil Action. Show all posts

Sunday, March 20, 2011

New Policing Trends, Stolen Mowers, and Phoning It In

You might wonder why there is a photograph of a lawn mower in a post dealing with white collar crime!  I will explain it in a moment. 
First, let's discuss some of the trends in law enforcement.  As a former state and federal prosecutor, (and currently, as an Augusta, Georgia criminal defense attorney), I never cease to be amazed at the changes I see in our criminal justice system!  Some of the new trends sound good and others not so good.  For instance, we have discussed before some of the "up and coming" sentencing changes, with a greater emphasis on alternatives to imprisonment.  In other words, most states facing budget shortfalls, including Georgia, are facing the harsh reality that they simply cannot afford to lock up everybody and throw away the key! 
But today, I want to talk a little bit about another trend, i.e. a change in the manner in which crime reporting will be dealt with by our local sheriff's department.  Today, the Augusta Chronicle has reported that the Augusta-Richmond County Sheriff's Department will no longer send a deputy out to your home to take a report on every theft, (or other minor), offense.  Instead, deputies will simply take such reports over the telephone and report to the scene of the crime only if absolutely necessary.  The newspaper also reports that this new crime reporting method follows the trend in other states, some of which even mandate online crime reporting for non-violent offenses.
What do you think about this new trend of "phoning it in?"  I don't like it!  I realize that, with tight police budgets, it appears to be more efficient to prioritize crimes and methods of crime reporting.  However, on the other hand, this new trend flies in the face of the last "new trend," called community policing, in which police departments were encouraged to be more attentive to citizens' needs.  Look, I don't know about you, but if somebody steals my lawn mower tonight, as a taxpayer and a crime victim, I want a deputy dispatched to the scene of the crime! And I want 'em there now and with sirens blaring!  And here's another idea -- I want the police to actually try to catch the lawn mower thief!  How about that idea for the next new policing trend?!
What do you think? 

Thursday, February 10, 2011

Theft, Embezzlement, and the Bull Dogs

As a "Double Dawg," (i.e. a proud graduate of the University of Georgia, both undergraduate and law school), I try to keep up with all the "goins' on" at my old alma mater.  Usually, I enjoy reading about the University of Georgia Bull Dogs football team.  But today, I read news reports about a new criminal case at the school.  According to the reports, a former university business manager has been charged with racketeering and theft by conversion.  (In Georgia, theft by conversion is the statutory name for what is frequently called embezzlement in other states.  Did you know that the 50 states often have different names for many of  the same generic crimes?)
In this case, the news reports indicate that, between 2005 and 2009, the business manager, (at the University's Carl Vinson Institute of Government), embezzled about $220,000 by allegedly submitting bogus petty cash disbursement receipts while utilizing fictitious names.  As a former prosecutor, (and currently, as an Augusta, Georgia criminal defense attorney), it would appear that this may be yet another case in which the victim institution failed to have adequate checks and balances in place to prevent theft.  In my experience, as we have discussed here before, embezzlement is generally a crime of opportunity.  Offenders can often get away with it, often over lengthy periods of time, simply because no one is looking over their shoulders.
Here's hoping that the next news reports I read about UGA are happier ones dealing with my beloved Bull Dawgs!  Go Dawgs!

Sunday, February 6, 2011

Prison Alternatives: Good Ideas and Bad Ideas

In his inaugural address, last month, new Georgia Governor Nathan Deal wisely suggested that Georgia, like other states, can no longer afford to try to lock up all of its law-breakers and throw away the key.  In an era of tight state budgets, the costs of incarceration are simply too much.  Now, please don't misunderstand! No one, including the Governor, is suggesting that dangerous recidivists, or violent offenders should be given probation and a slap on the wrist.  In other words, most observers would agree that prison remains the only viable option for convicted murderers, rapists, and armed robbers.  But what about non-violent offenders?  What are some of the ideas being considered for the bad check writers, forgerers, and other white collar criminals?  Well, in my opinion, there are some good ideas and some bad ideas being considered.  Let's talk about one of the bad ideas being considered first!
1. PRIVATE PRISONS:
Some legislators in Atlanta are considering privitization of state prisons as a solution to our overcrowded, expensive corrections problem.  As a former state and federal prosecutor, (and currently, as a criminal defense attorney), I strongly disagree with this proposal.  For instance, I believe that the state must not shirk its responsibility for inmate care by turning it over to a private, profit-driven business.  Private businesses would be focused only on the bottom line and not on inmate care, or community safety.  In addition, while state corrections officials may not be very accountable to the public now, just imagine how unaccountable private companies will be!  This is a terrible idea, in my opinion!
2. MORE DRUG COURTS AND DIVERSION CENTERS:
On the other hand, I wholeheartedly endorse the idea of Georgia investing more money in drug courts and minimum security diversion centers for non-violent offenders.  These alternatives will result in real savings to the taxpayers and help inmates make restitution to victims.  Also, the defendants would be required to get out, get jobs, and pay the costs of these alternatives, too!
What do you think? 

Wednesday, January 5, 2011

Movies About White Collar Crime: The Firm


Let's start the new year right with another post about some of our favorite movies about white collar crime!  Today, I want to nominate, as one of my "best pictures of the year," the 1993 Tom Cruise film, The Firm.  In this Sydney Pollack-directed movie, Cruise plays a young lawyer, Mitch McDeere, who must choose between cooperating with the feds and staying loyal to his Memphis law firm, which is under investigation for laundering money for the mob.  Hopefully, as a criminal defense attorney in Augusta, Georgia, I will never be faced with such a conflict!  I suspect that most of you have seen this movie, but, if you haven't, I believe it would make a good Netflix or cable t.v. selection on a dull Friday night!
I would also recommend the John Grisham book, on which the movie is based, to any lovers of the true crime genre out there, (even though this book is obviously fiction).  Of all the Grisham books which were turned into movies, The Firm is my favorite.
Did you like this movie?  What are your favorite movies about white collar crime?

Thursday, December 23, 2010

Grave Robbers and the Depravity of Some White Collar Criminals


For most good people, the Christmas season is a time of good cheer and "good will toward men."  But not for everyone.  Have you heard about the thieves who have reportedly stolen 500 bronze urns from graves in a Stone Mountain, Georgia cemetary?  How low can some people go!?  Hopefully, these morally depraved grave robbers will be caught and punished.  And hopefully, the good Lord has reserved an especially hot place in Hades for grave robbers!
This white collar crime illustrates that nothing, including churches and cemetaries, is safe or sacred any more.  Don't you agree?  As you will recall, even churches have often been targeted, in recent years, by arsonists.  And I have read recently that even some Salvation Army kettles have been targets of thieves this holiday season.  Have you heard of such crimes occurring in your community?
But hopefully, all hope is not lost!  While these horrible crimes are occurring, at the same time, you can read about reports of "Secret Santas" dropping large sums in kettles, along with countless other illustrations of kindness and good deeds also occurring "out there" during this holiday season!  Maybe you and your family members have found ways to help others in need, too!  So, for most of us, hopefully, this still remains a time of peace and good will toward others!     

Wednesday, December 2, 2009

White Collar Crime Movies: A Civil Action


After several serious posts, let's have a little fun! We are introducing a new category: "White Collar Crime Movies." "A Civil Action" is the first movie we will discuss.
As outlined in Wikipedia, this movie is based upon a true story, (and book by the same name, by Jonathan Harr), about a lawyer's battle against a big company located in Woburn, Massachusetts. The company had allegedly committed environmental crimes and polluted the community's water supply, thus allegedly causing an alarming number of leukemia cases among local children.
The movie reveals the difficulties which plaintiffs' lawyers face in bringing class action lawsuits against big companies, along with the difficulties inherent in proving environmental crimes. The movie stars John Travolta and two of my favorite actors: Robert Duvall and William H. Macy. Although this is not a movie critic's blog, I would suggest you check out this movie!
Have any of you seen the movie? What did you think?