PROFFERS IN FEDERAL CRIMINAL CASES

[Photo from Wikipedia]

     A proffer is a method often employed by criminal defense attorneys and federal prosecutors to meet and discuss how a defendant could help the government in its investigation, without risking further incrimination.  In short, a proffer involves making an "off the record" offer of proof, in order to help the parties potentially progress further toward a negotiated settlement of some sort.  In some criminal cases, the defendant may simply get a better plea bargain.  In other cases, he or she may obtain immunity from prosecution.

     It is important that a defendant retain a defense lawyer who is knowledgeable about proffers and how cases are made in the federal criminal courts.  Experience counts!  It is also important that your defense attorney should obtain a written proffer letter agreement which clearly sets forth that any proffer is off the record.

     Richard H. Goolsby, Sr., of the Goolsby Law Firm LLC, is Augusta, Georgia's only former twenty year federal prosecutor.  Please call us at (706) 863-5281 for a free initial consultation.

U.S. v. Jones: A Victory for Privacy Rights?

Yesterday, the United States Supreme Court announced an important new decision which should make all believers in freedom and privacy rights breathe a little bit easier.  In United States v. Jones, the Supreme Court held that the Fourth Amendment prohibits the police from using GPS devices to track a suspect's movements without first obtaining a search warrant.  In other words, warrantless use of GPS devices are no longer allowed! 

In the Jones case, the police were investigating a nightclub owner for alleged drug trafficking.  They had surreptitiously installed a GPS device on Mr. Jones' Jeep Grand Cherokee and were tracking his moevements, all without first obtaining a warrant.  The government had argued that no warrant was necessary.  However, the Supreme Court held otherwise and gave new hope to freedom lovers everywhere!

As a former federal prosecutor, (and currently, as an Augusta, Ga. criminal defense attorney), I strongly agree with this important decision!  First of all, I submit that it is not that difficult for police to simply obtain a search warrant in an appropriate case.  Moreover, I believe that, in a free society, in which our privacy rights are constantly being threatened by technology, it is important to see the Supreme Court protect us and stand as a bulwark of freedom!

It will be interesting to see the caselaw develop in this area of the law.  What do you think?

A White Collar Crime Haiku

A WHITE COLLAR CRIME HAIKU

Fraud, greed, everywhere.

No one hears the victims' cries.

Some things never change.

A Goolsby "War Story" About Sleeping Jurors, Criminal Lawyers, and The Charge of the Light Brigade!

[Depiction of "The Charge of the Light Brigade" from wikipedia]
'Forward, the Light Brigade!
   Charge for the guns,' he said,
Into the valley of Death
Rode the six hundred.

As a young law student, I clerked for an Athens, Georgia law firm headed by a resourceful criminal defense attorney.  Let's call him "John Jones."  I learned a lot from Mr. Jones about human nature and about trying criminal cases.  For instance, I learned that law school doesn't really prepare law students for the real world, or teach you about human nature.  I also learned from Mr. Jones that, no matter what challenges or obstacles you face, in life, or during a criminal trial, as a criminal defense lawyer, you must be willing, like Lord Tennyson's Light Brigade, to keep charging ahead!

To illustrate my points, let me give you an example of an actual criminal case.  First, it might help you to know that Mr. Jones was confined to an electric wheel chair.  But as I learned very quickly, Mr. Jones wasn't actually confined -- he never allowed this mere encumbrance to slow him down one bit.  Nor did it prevent him from winning a criminal trial!

I will never forget the Smith embezzlement case.  The evidence was largely circumstantial that Mr. Jones' client had stolen company funds.  But a problem had cropped up at trial.  One of the jurors, a middle aged man who sat near the right front corner of the jury box, kept nodding off during the trial.  Ordinarily, as Mr. Jones explained to me, a juror sleeping through a trial could be a good thing for the defense.  But Mr. Jones really wanted the juror to wake up for the next critical defense witness' testimony.  So, here is what he did to correct this problem!

First, Mr. Jones drove his chair up alongside where I sat, which was just behind the defense counsel table.  Then, he whispered, "Watch this, Richard." 

Immediately, Mr. Jones wheeled around and drove his electric wheel chair forward, full throttle, toward the front right corner of the jury box!  "Half a league, half a league, half a league onward," charged Mr. Jones!  Then, everyone in the courtroom was jolted by a loud "bam," as the electric wheel chair hit the corner of the jury box!  No real damage was done.  Somehow, Mr. Jones had managed to stay upright.  But I quickly saw the results!

Naturally, the sleeping juror was jolted awake!  Even the judge was awakened from his perch on the bench!  Mr. Jones had succeeded in his mission!  In fact, after the collision, all the jurors seemed wide awake, attentive, and watchful -- and perhaps a little bit afraid that this crazy-drivin' lawyer might hit them next!  I will never really know what role Mr. Jones' mission had played, but we won this criminal case!

I later learned that Mr. Jones knew that, because of his physical challenge, no one -- including the judge and jurors -- would blame or criticize him for "inadvertently" driving his wheel chair into the jury box.  And no one did.  That is human nature, isn't it?  I also learned that, when you are trying a criminal case, while you must always remain professional, sometimes, you must also be willing to "charge for the guns," in order to win!

What do you think?  Have you ever had to "charge for the guns?"  Wouldn't you want an aggressive criminal defense lawyer, like Mr. Jones, in your corner!?

Just Another Typical Investment Fraud and Ponzi Scheme

[Photo from socyberty.com]

You may have thought you had a bad week.  But did you hear about what happened this week to Georgia businessman Jeffrey Wallace Edwards and his company, Frontier Holdings, Inc.? 

According to various news reports, Edwards and his company were found guilty in a Rome, Georgia federal courtroom on an indictment charging numerous federal criminal counts, including mail fraud, wire fraud, and money laundering.  The charges reportedly centered around on old-fashioned ponzi scheme, or investment fraud scam, in which investors, including thirty retirees, were induced by Edwards to invest their money, with outlandish promises of rates of return, which, of course, never materialized. The news reports indicate that Edwards spent their money, instead, on himself, for vacation cruises, fur coats, and other luxury items. 

As a former federal prosecutor, (and currently, as an Augusta, Georgia criminal defense lawyer), I have handled a number of fraud cases like this one.  Most of them followed this same pattern.

Edwards will be sentenced later, in accordance with the federal sentencing guidelines.  Now, compared to this defendant, don't you realize that your week wasn't so bad, after all?!

A Goolsby "War Story" About Death Threats and Tests of Courage

[Photo from imfdb.org]

[The following fictionalized account is merely an illustration which is based upon a true story.  For instance, the names have been changed to protect the innocent and the guilty!]

You will never forget your first kiss, your first bike, or your first puppy.  Well, trust me, you will never forget your first death threat, either!  Let me tell you about my first one. 

I was a young, wet-behind-the-ears prosecutor in another part of the state when I received my first death threat.  A fellow Assistant D.A. and I had begun an investigation of a top cop in one of the counties in that judicial circuit.  Simply put, we thought he was a crooked cop being paid off by drug dealers. And we were determined to prove it.  The problem was that he knew we were trying to prove it. 

My challenge was that, on a daily basis, I still had to interact with this alleged crooked cop.  We'll call him Bubba.  As the assigned prosecutor, I still had to handle all the criminal cases which Bubba's office had investigated.

Then, it happened.  One day, after court, Bubba asked me to stop by his office.  He invited me into a back office, offered a chair, and closed the door behind me.  At first, we made small talk -- about the weather and about the Georgia Bulldogs.  I felt extremely awkward and simply wanted to go.

Finally, I could tell Bubba was getting around to the point.  He prefaced his comments by reminding me about a recent death threat made against a popular local judge.  In short, a local narcotics officer had been tipped off by a snitch that a drug dealer had targeted the judge for a hit.  The story had fired up the local newspapers.  For several weeks, the death threat had been the hot topic at the local diners.

But Bubba had a different take on the story -- and a different message.  As he began his remarks, he looked straight at me -- no, it was more like straight through me.  I will never forget his icy glare.  Bubba first pointed out that he didn't put any stock in the death threat supposedly made against the judge.

Then, he added, "Rick, you don't have to worry about the death threats you hear about.  It's the threats you don't hear about that kill you.  If I ever want to kill somebody, I won't warn them about it.  I'll just get me a high powered rifle and blow their f_ _ _ing head off!"  That was it!  Understandably, I really don't remember any of our conversation after that!  But I got the point!  And I got out of there as soon as I could, while struggling to maintain my composure!

I learned a number of lessons from this stressful experience.  For instance, I learned that you can be courageous even while afraid.  I won't lie.  I was afraid.  I believed Bubba.  And after that day, I went on to endure other threats and harassment.  But the point is that I didn't back down from continuing the crooked cop investigation.  We never caught Bubba.  For me, Bubba will always be the big fish in my career that got away!  But I never quit doing what I thought was right.  I learned that the true test of courage lies in whether or not you persevere in spite of your fear.

I also learned, thanks to Bubba, that, generally, the most serious threats are the ones you never hear about.

Finally, I learned that, like your first kiss, your first bike, or your first puppy, you will never forget your first death threat, either!

What Do You Do When You Are Arrested? Shut Up, Lawyer Up, And Remember That Jail House Walls Have Ears!

[Photo from cityofdelano.org]

What would you do if you, or a family member, were arrested?  Here is my perspective.  For over 30 years, I have both prosecuted, as a former federal and state prosecutor, and defended, as an Augusta, Georgia criminal defense lawyer, in both state and federal courts.  As a result, over the years, I have picked up a thing or two about how our criminal justice system really works. 

Trust me, getting arrested and dealing with jails and judges isn't all pretty! Hopefully, no one reading this blog will ever be arrested.  But have you ever considered exactly what you should do if the metal bracelets are ever placed on your wrists?  Here are just a few practical tips for you to consider:

1. SHUT UP AND LAWYER UP!  The first important tip for you to consider is the fact that, when you are arrested, under our Constitution, you have the right to remain silent and the right to consult with a criminal lawyer.  The point here is that, generally, you should consider exercising these important rights by shutting up and lawyering up!

2.  DON'T TALK WITH ANYONE IN JAIL:  Another tip for you to consider is the fact that jails are filled with rats and snitches!  In other words, you should avoid talking with any other inmates about your own criminal case!

3.  REMEMBER THAT JAIL HOUSE WALLS HAVE EARS:  Finally, you should assume, or consider as fact, that jailers often monitor everything that goes on in their facilities.  For instance, you should be aware that, generally, jail house telephone calls are monitored and recorded.  As a criminal defense attorney, I have even actually experienced a case in which the government improperly listened to a tape recording of a telephone conversation between a lawyer and a client!  So, the bottom line is:  Remember that jail house walls have ears and that you should watch what you say on the telephone! 

Again, I hope you never go to jail!  But have you ever considered what you would do if you were arrested?

A Goolsby "War Story" About My Investigation of Corruption in a South Georgia Prison Work Camp

[Photo from electis.blogs.wm.edu]

One of my proudest career accomplishments happened early in my career when I was a young Assistant D.A. in south Georgia.  It involved my investigation of fraud and corruption at one of the county prison camps, or "work farms."  The abuses--including thefts by guards and prisoner abuse--are too numerous to list here. 

For instance, prisoners told me about witnessing guards loading meat from the work camp kitchen into their car trunks.  Also, although money was budgeted for recreational items, there wasn't a single ball of any kind anywhere in the camp!  Where did all the money go?  Another abuse involved the camp's deplorable solitary confinement cell, which was called "the hole."  It was literally a hole dug into the ground, into which rain water, snakes and rats would venture and keep company with the unlucky prisoner confined there. 

What could I do?  Look, I was a tough young prosecutor.  I was no "bleeding heart!"  But, in my heart, I knew that the horrendous prison conditions and crimes were unconstitutional and flat wrong! 

Although I was just out of law school, and new on the job at the D.A.'s Office, I knew I must do something.  But I also soon learned that the local politicians were part of the problem and would not help.  Therefore, I decided that the best disinfectant would be to focus the news media spotlight and public scrutiny on the prison problems. 

So, with help from a cooperative criminal defense lawyer friend, we essentially utilized a preliminary hearing about a prisoner's escape case to expose the work camp abuses to the news media and public.  Over the course of several days, we produced witness after witness who testified about all the fraud and corruption at the work camp!  The lawyer for the local sheriff and county commissioners tried to intervene and stop the hearing.  But the magistrate judge, who seemed to enjoy the media attention, sustained my objection that the county's attorney had no standing to object!  The hearing continued until the public airing was complete.  The news media also helped with headline after headline about the prison problems.

Fortunately, this story has a happy ending!  After this public exposure, the politicians could no longer hide! The politicians scurried like roaches under an overturned woodpile!  Several county commissioners finally got behind an effort to clean up the work camp.  A number of prison employees either retired or were fired.  Several more were prosecuted by me for theft.  The prison kitchen now had meat to serve!  Also "the hole" was eliminated!

So, now, I hope you can see why this investigation of public corruption is one of my proudest early career accomplishments! 

A Goolsby "War Story" About Bridges, Trains, and Getting to Court on Time!

[Photo from babble.com]

As a Georgia trial lawyer and history lover, I have always enjoyed times spent sitting around in court and talking with other (older) attorneys, while waiting for the judge to take the bench.  Some of these conversations and "war stories" about the "good ole' days" of practicing law in Georgia are priceless!

One recent conversation involved the topic of the importance of getting to court on time for a trial.  After all, you never want to keep a judge waiting!  A fellow lawyer, from a nearby town, described his experiences as a young lawyer.  He pointed out that the railroad tracks ran between his law office and the local courthouse.  Inevitably, a train would always be passing through town whenever he was running late for court.  Incredibly, the lawyer said his solution was to park his car, grab his briefcase, jump aboard the moving train, climb down on the other side, and dash off to court on foot!

I recounted my own experience about getting to court on time.  As you will see, I took a different, more conservative approach.  As a former federal prosecutor, sometimes, I had to travel to federal court in Brunswick, Georgia.  The late famous federal Judge Anthony A. Alaimo held court there.  The judge, a former p.o.w. during World War II, was well known for holding in contempt any lawyers who were late for court.  You never wanted to keep this venerable judge waiting, or cause him to look down from the bench in disfavor at you!  As a young lawyer, I was convinced that his piercing eyes, staring down over his eyeglasses, could burn a hole through any disobedient attorney! 

Do you recall what happened, in the first Indiana Jones movie, when the Nazi officer looked into the ark of the covenant!?  He got zapped!  I didn't want to get zapped!

So, here was my dilemma.  When staying overnight, prior to his court, in Brunswick, I had a choice to make.  I could either stay in town, or stay out at Jekyll Island, a nearby beach.  The beach idea was much more appealing!  But the problem with the beach idea was that there was a drawbridge located between the beach and town.  As a result, if you stayed at the beach, you ran the risk of being late for court, if the bridge was raised to allow a ship to pass through.  

I'll be honest here!  I was afraid of being late for Judge Alaimo's court!  So, I always stayed in town! 

What would you have done?  Would you have stayed at the beach and risked the judge's ire?  (Trust me!  You would never want this judge to zap you!)  Or would you jump aboard a moving train to get to court on time!?  You just never know what you will learn while sitting around in a courtroom and telling war stories with other lawyers!

Another "Big Brother" Example: Automatic License Plate Recognition Devices

[Photo from Wikipedia]

Look, I am not a conspiracy theorist!  And I don't go looking for violations of our freedom and privacy rights under every rock.  I am simply an Augusta, Georgia criminal lawyer, and former federal prosecutor, who enjoys practicing law with my son and blogging about criminal law. 

But, in my opinion, every freedom loving citizen should be concerned about how new technology is affecting our freedom and privacy rights.  In some ways, we are already past George Orwell's 1984.  We have discussed in this blog a number of the ways in which the government is already tracking our every move.  But have you heard about the latest method of collecting data about your movements?  

It is called the Automatic License Plate Recognition device, (or "ALPR").  In other countries around the world where this technology is already being used, it is commonly referred to as the Automatic Number Plate Recognition device, (or "ANPR," for short).  Different names, but same scary device!

Simply put, here is how this new policing device, or ALPR, works:  Police cars have mounted scanners which capture thousands of tag numbers and store the information in computer data bases, which can almost instantly tell the police if any of the motorists who passed by have any outstanding warrants, alerts, or traffic tickets.  But data is stored about innocent motorists, too.       



According to Wikipedia, these tracking devices, or ALPRs, have been around for several years and are already in common use in other nations around the world.  Now, various police agencies in this country are also implementing their usage.  For instance, various news reports indicate that, just this week, the Massachusetts Executive Office of Public Safety has approved grants totaling $500,000 for police departments to utilize ALPRs in that state.

Look, as I have said before, I am no bleeding heart!  I am a former career prosecutor.  In short, I am a strong advocate of law and order and police professionalism.  I can also see the benefits of using ALPRs, for example, in conjunction with Amber Alerts.  But part of me also worries about the growing threats to our privacy rights.  I believe that, as free citizens in a free nation, all of us should always be concerned about "Big Brother" watching us and about the potential abuses of new technology. 

For example, we should discuss ways to prevent the use of such technology to track and store the movements of innocent, law-abiding citizens.  Also, as I observed in my last blog post, concerning police monitoring of citizens through coordination of public and private security cameras, we should also be concerned that such devices could be improperly used to track the movements of opposition political parties.  Also, do we know whether such policing devices are really all that accurate?

In short, in my opinion, there should be a public discussion about such technology, careful balancing of competing interests, and clear policies implemented, before such policing devices are implemented.  But I don't see it happening!  And I don't like the idea of Big Brother knowing where I choose to shop, or vacation, or what movies I choose to see!  What do you think?  

Lessons from Blago's Case: Former Governor Rod Blagojevich Convicted on 17 Counts

[Photo from Wikipedia]

Today, various news reports indicate that former Illinois Governor Rod Blagojevich was found guilty on 17 felony counts in federal court.  The charges include conspiracy, soliciting a bribe, and wire fraud.  The charges relate, among other things, to Blago's attempt to sell the U.S. Senate seat of former Senator Obama, after the latter became president.  Blago was also reportedly found not guilty on one count by the federal jury, which also could not agree on two other remaining counts.  Sentencing will be held at a later date. 

Here's my take on the verdict, as a former federal prosecutor and, currently, as an Augusta, Georgia criminal defense attorney.  First of all, it appears that the federal prosecutors made a wise move by streamlining the case.  For instance, since the last trial, last year, which ended in a hung jury on most counts, the prosecution dismissed a number of counts, (including a complex RICO count), and made the criminal case much easier for the jury to digest.  No doubt the government also learned from their experience in the last trial about who made good, credible witnesses and who did not. 

Finally, it is interesting to note that, in the last trial, Blago elected not to testify and he clearly did much better than in this trial, in which he testified.  Some criminal lawyers believe a jury will often hold it against a defendant who elects not to testify.  However, perhaps this trial illustrates that each case is different and that, sometimes, it may be best for a defendant to elect to stay off the stand. 

What do you think about a defendant's decision not to testify?  Would you hold it against him or her for not testifying, even though the judge will instruct you not to do so?

Of course, perhaps another lesson to be learned from Blago's case is that, if you are a politician, you shouldn't try to solicit a bribe in exchange for a political favor!

What do you think about the result in the Blago case?  Is the problem of political corruption better or worse today than in the past?

Federal Agents Raid Home Over Student Loan Default?

[Photo from chroniclelive.co.uk]

What in the world are the feds up to in Stockton, California?  Various news reports indicate that, early yesterday morning, at about 6 a.m., federal agents, accompanied by a SWAT team, allegedly kicked in a front door and raided the Stockton, California home occupied by a father and his three kids.  The father, Kenneth Wright, reportedly told the news media that he was man-handled and handcuffed while in his underwear and that he and his kids were then held in the back of a police car for several hours while agents searched his home.  No doubt, the poor children were probably scared to death.

According to reports, the federal agents were reportedly looking for the man's estranged wife, (who was reportedly not at the home), and for evidence related to her alleged student loan default.  According to news reports, the agents conducting the raid, (which is NOT depicted in the above illustrative photo), were from the Department of Education, Office of Inspector General.  (Did you know that virtually every federal government agency has its own law enforcement wing, or component?)

Again, I ask, what in the world is going on here?  Doesn't this raid, along with the harsh manner in which it was apparently conducted, seem just a bit extreme?  This matter appears to be, at the least, a civil matter, and, at the  most, a non-violent white collar crime. 

Look, as you know, I am currently an Augusta, Georgia criminal defense lawyer.  But for over 20 years, I was a federal prosecutor.  In my opinion, as a former federal prosecutor who approved, or assisted agents with, numerous search warrants over the years, at this point, I submit this raid appears ill-conceived and half-baked.  In fairness, one can only hope that there are more (undisclosed) facts which would somehow justify this otherwise excessive police action.  What do you think?

But the U.S. Department of Education isn't "educating" the public yet about what happened, or why it happened.  Again, perhaps we will learn more facts, or some justification, later.  It will prove interesting to see what happens next.  In the meantime, please don't get behind on your student loan payments!

What do you think?  

A "D-Day" Tribute: June 6, 1944

[Photo from metmuseum.org]

As you know, we are divorce lawyers in Augusta, Georgia. I am also a former federal (and state) prosecutor in Augusta. Currently, I am a divorce attorney and criminal defense attorney in Richmond and Columbia County, Georgia.

Maybe some of you assumed that the above caption, which refers to "D-Day," meant that this is "divorce day." Actually, most of you probably know that "D-Day" refers to that important date, June 6, 1944, during World War II, when the allies landed on the coast of Normandy, France in the largest amphibious invasion in world history.

My late father was one of many brave Americans who fought on that morning at Omaha Beach. He was a medic and a member of the fighting Seabees. One can only imagine the horrors which he and others experienced there, sixty-seven years ago today. On this date, and every day, I am very grateful and very proud of him and all the other brave young men who fought for our freedom. We must never forget their devotion and sacrifices for all of us.

School Boards And Rigid Zero Tolerance Policies Strike Again!

[Photo from Wikipedia.org]

Today, I feel the need to climb back up on the soapbox and protest against school systems' "zero tolerance policies!"  Following the tragedy at Columbine, many school boards around the country have, in my opinion, over-reacted by enacting overly rigid zero tolerance policies concerning situations in which students bring toy guns to school.  Simply put, if the kid violates the policy, by bringing any toy weapon to school, (no matter how small), he or she gets zapped -- i.e. suspended and/or prosecuted.  No room for discretion, (or common sense), is allowed.  In my opinion, such lame-brained policies have led to some absurd results.

For example, have you read the news reports this week about the 9 year old Palmer, Massachusetts elementary school boy who was referred to juvenile court after taking a plastic gun on a school bus?  The kid reportedly forgot the toy was in his jacket pocket!  But school officials, in my opinion, exercised poor judgment, and discarded their discretion and common sense, by making a criminal case out of it! 

But the list of such absurd cases goes on and on!  For example, another 9 year old boy in New York recently faced suspension, according to various reports, simply because he took a toy policeman holding a two-inch gun to school.  And I will bet you all will also remember the reported case of the little girl who got into trouble simply because she had a plastic butter knife in her lunch box!

This is outrageous!  Look, as a former state and federal prosecutor, I realize that, generally, the criminal laws must be enforced.  And I also know that we cannot afford to have kids taking dangerous weapons to school.  But, in my opinion, these cases demonstrate that zero tolerance policies are not the right answer!  Instead, school systems should use a little common sense by affording school officials more leeway to simply tell a kid, "Hey, hand me that toy.  You can pick it up after school.  Don't bring it back here again." 

Now, I feel better!  I can climb down from my soapbox!  What do you think?

The Goolsby Law Firm "Brag Board"

[Goolsby Law Firm]

I hope you don't mind if I, as a proud father, boast a little bit again today about my four children! As you may know, currently, I practice law in Augusta, Georgia with my oldest son, Richard H. Goolsby, Jr. At the Goolsby Law Firm, LLC, we handle divorces, child custody, step parent adoptions, and many other types of family law matters, along with personal injury cases, and other general litigation. In addition, because I am a former federal and state prosecutor, we also handle criminal defense in federal and state courts. (I am the only former 20 year federal prosecutor in Augusta, Georgia). In other words, the former prosecutor is now a criminal defense attorney and divorce lawyer!

But that's enough about me! Today, I want to brag about the fact that my third son just graduated, summa cum laude, from the University of Georgia. Also, he has been accepted and will begin his first year of law school at UGA in the fall. In addition, my second son has just completed his second year of law school at another outstanding Georgia law school, at Mercer University. Both my second and third sons plan to join my oldest son and me at the Goolsby Law Firm when they have completed their legal studies! We will truly be a family law firm! Finally, we are also very proud of our daughter/sister who is graduating this week from high school. She is arguably the wisest member of our family because she is our only child/sibling who does not want to become a lawyer!

Internet Fraud: More Scams Than Quaker's Got Oats!



[Photo from savingeveryday.com]

No one needs to educate you about the fact that the internet is overrun with countless con artists whose sole desire is to lure your money away from you with countless types of fraudulent schemes!  You already know that!  Indeed, there are more investment fraud scams, telemarketing schemes, fake sweepstakes scams, and bogus lotteries -- more fraudulent internet scams of all kinds -- than Quaker's got oats!  And that's a lot of oats!

But did you know that lawyers, like the elderly, are also frequent targets of internet con artists on the prowl?  While I haven't seen any statistics, I can attest that, quite often, we at The Goolsby Law Firm, LLC, located in Augusta, Georgia, receive email containing offers that are "too good to be true" from  criminals around the world.  For example, today, I received an urgent inquiry from a man, (who claimed to be from Malaysia), who alleged he desperately needs an American law firm to collect hundreds of thousands of dollars owed to his company.  On other occasions, we have received similar email requests to help collect large sums supposedly owed to parties who have divorced and whose husbands remain in this country.  In each case, the hook might be a little bit different, but the goal is the same.  Of course, in each case, the con artist simply wants to obtain our bank account information -- that is, if we ever bite down on their tempting hook!

How should we respond?  Part of me wants to respond by telling them what I really think of them!  I also want to scare them about the fact that I am a former federal prosecutor and that I have turned them in to the F.B.I.  But then, I realize that the best course of action, in this situation, is probably to simply ignore and delete the fraudulent emails.  I realize that the F.B.I. is too busy to investigate so many internet fraud scams.  After all, as I have concluded, there are more internet scams "out there" than Quaker's got oats!

What do you think?



A New White Collar Crime in Georgia Series: "You Be The Prosecutor!"

                                            [Photo from Suite101.com]

Okay, today, we are going to start a new (occasional) series in this blog about white collar crime!  It is called: "You Be The Prosecutor!"  As many of you know, before I became an Augusta, Georgia criminal defense attorney, I was a state and federal prosecutor for much of my legal career.  As a former federal prosecutor, for over 20 years, I was required to make many decisions, based upon many different fact patterns, about who should or should not be charged with a crime.  In white collar crime cases, such decisions can be especially difficult to make.  

But now, it is your turn!  YOU be the prosecutor for a day!  Let's see what you would do, and who you would investigate, or charge, if anyone, in the following (totally) fictitious fact pattern!  Here are the "facts:"

A serious fire has occurred one night at a local textile mill.  Tragically, fourteen employees were unable to get out of the mill when aging mill machinery caught on fire and panic ensued among scores of mill workers.  Several fire extinguishers and the water sprinkling system had not been properly maintained and did not work.  The fire marshal's report also indicates that several employees located near fire exits were unable to get out the nearby exits because the exits had been padlocked by the mill manager months earlier.  The mill manager indicated that he had been forced to padlock all fire exits in order to address a problem with thefts by unidentified mill employees. 

The mill is owned by an investment company composed of three individuals who live out of state.  Several email messages indicate that the mill owners were ill-informed about the aging mill's conditions, but had expressed a desire that any new safety measures or inspections would have to yield to the bottom line.

Okay, You Be The Prosecutor!  What would you do?  Who, if anyone, would you make a target of a grand jury investigation (and why)?

 

A Right To Counsel Or A Right To One Phone Call?

[Photo from telephone-directory.info]

We have seen it in all the movies and t.v. crime shows:  A citizen gets arrested by the police and immediately demands his or her "right to one phone call!"  But have you ever considered the fact that the United States Constitution actually does NOT give you the right to a phone call.  Instead, the Sixth Amendment actually gives you the right to counsel and, in order to exercise that right, as a practical matter, it generally becomes necessary to use a telephone to call (and retain) a criminal lawyer.

So, if, God forbid, you get arrested, please don't demand your "right" to one phone call!  Instead, ask if you may use the telephone in order to call a lawyer.  After all, if you only have the right to just one telephone call, what will you do if all the phones at The Goolsby Law Firm, LLC are busy?!

The Police, Data Extractions Devices, and Our Shrinking Privacy Rights

                                           [Photo from cbsnews.com]

This has not been a good week for lovers of freedom and the right to privacy!  First of all, we learned from various news reports that Apple's iPhone gathers easily accessed data about everywhere the phone user has been.  I reported on this news story yesterday in my divorce law blog.  (http://www.divorcelawyerinaugustageorgia.blogspot.com/)  There, I focused on the point that divorce lawyers may start seeking iPhone records in order to prove adultery in divorce cases.  I also pointed out the potential for abuse of this new technology by over-zealous police officers in criminal investigations.

                                          [Photo from celebrite.com]

Then, yesterday, we learned from various news reports, that the Michigan State Police have obtained  another new device, called data extraction devices, ("DEDs"), which could also lead to some dangerous possibilities, in the eyes of freedom lovers everywhere.  DEDs, as shown above, are portable devices which are designed to download personal information from cell phones.  Apparently, DEDs will bypass any security feature on your cell phone and gather all the data on it.  According to news reports, the Michigan ACLU has written the director of the Michigan State Police to see whether or not police there have been snooping and surreptitiously gathering text messages, telephone numbers, photos, and even GPS information from citizens' cell phones during routine traffic stops.  If so, in my opinion, this would clearly violate the citizens' right to privacy and Fourth Amendment rights.  The police agency has reportedly denied that any unauthorized snooping has occurred.  But one can only wonder, then, why have the Michigan police obtained the DEDs in the first place?

So, don't you see, this has not been a good week for lovers of freedom and the right to privacy!  What is your opinion about these news stories?

Former Baseball Star Lenny Dykstra Accused of Bankruptcy Fraud

                                                 [Photo from deathby1000papercuts.com]

Did you know that it is a federal crime, called bankruptcy fraud, punishable by up to five years in a federal prison, to conceal or dispose of assets which are a part of your bankruptcy estate?  Well, former baseball star Lenny Dykstra learned about this serious federal offense when he was charged this week with bankruptcy fraud.  According to various news reports, a federal complaint, (or charge), was filed against Dykstra in which it is alleged that he secretly sold, or disposed of, $400,000 worth of household furnishings and artwork, after he had filed for bankruptcy. 
The former Philadelphia Phillies and New York Mets star was reportedly being held on a $500,000 bond.  (As a former federal prosecutor, and currently, as an Augusta, Georgia criminal defense attorney who frequently handles criminal cases in federal court, this one-half million dollar bond appears to be far too high, in my opinion).  Hopefully, Dykstra's criminal lawyers will be able to obtain a bond reduction for the former baseball All-Star.

Also, it is important to emphasize that, simply because the government has accused Dykstra of this felony offense, he is, at this early juncture, entitled to a presumption of innocence.  After all, as a wise old judge once reminded me, "Richard, sometimes they ARE innocent!"