DOJ Strikes Out at Second Roger Clemens Trial

[Photo of Roger Clemens from wikipedia]

It appears that, following the not guilty verdict in the John Edwards trial, the Department of Justice has struck out yet again in another high profile criminal trial. This time, it is the Roger Clemens trial. 

Today, various news reports indicate that Clemens, the former professional baseball pitcher, has been found not guilty on all counts by a federal jury in Washington.  As you will recall, Clemens was charged with allegedly lying to Congress in 2008 about his alleged lack of steroid use while a pitcher. You may also recall that an earlier trial of Clemens, last year, ended in a mistrial, after government prosecutors offered inadmissible testimony.

Now, following two trials, and following the expenditure of millions in taxpayers' dollars, another high profile defendant has been acquitted.  As a former federal prosecutor, and, currently, as an Augusta, Georgia criminal defense lawyer, I don't know exactly where the government went wrong, but it surely is a shame to see such a waste of scarce tax dollars on criminal cases which probably should never have been brought in the first place! Don't you agree?

Rules, Extortion, Child Molestation, and How Two Wrongs Don't Make a Right

As a former prosecutor and, currently, as an Augusta, Georgia criminal defense attorney, I have learned that there are some basic, common sense rules we all should follow, as citizens.  For instance, it should go without saying that one of the first actions a crime victim, (or family member), should take is to contact law enforcement and report the crime.  In addition, generally, you should never attempt to take the law into your own hands.  Also, as a rule, you should never attempt to "settle up" with the alleged criminal.  Finally, you should never, ever attempt to extort money from the accused, in exchange for not reporting the crime to the police.  Put more simply, this final rule illustrates the old adage that two wrongs never make a right!  If you don't believe it, then please listen to what just happened to a Morgan County, Georgia woman when she failed to follow the rules.

According to various news reports, a Morgan County woman has been charged today with theft by extortion, in connection with money payments which she allegedly demanded from a Morgan County middle school teacher who had allegedly sexually abused a child for whom she is the guardian.  In other words, according to a G.B.I. agent, the child's guardian essentially "settled up" with the teacher concerning the alleged child abuse, by demanding money in exchange for not notifying the authorities.  Of course, both parties are presumed innocent and entitled to their respective days in court.

What do you think about this "alleged" sordid mess?  Just look at all the trouble you can get into by violating the rules!  Can you imagine any parent accepting money for not reporting the abuse of their child?  Something may not make sense about this news report!  But it always makes sense that two wrongs never make a right!

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!]

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!