Happy Mother's Day from the Goolsby Law Firm!

[Mother's Day depiction from connect-in.com]

"A Mother's Day Memory"

          By Richard Goolsby

Oh, to think of Mother's hug,
Evokes a sentimental tear!
My heart strings pull and tug,
As Mother's Day draws near!

When I was young and ill,
She would rock me through the night.
That old rocker squeaked and squealed,
But still, she held me tight.

I can feel her arms around me,
As she held me late one night.
I can feel her love surround me,
Mother's love makes most things right.

I can see her -- just above me,
I can hear her voice, so clear,
And the words to "Jesus Loves Me,"
From her lips down to my ear.

Yes, it's true -- my mother's gone,
But it's also true, you see,
My mother still lives on,
In my heart and memory!

Happy Mother's Day to all moms "out there!"

HSBC Banking Company Settles With DOJ

[Photo of HSBC's London Headquarters from wikipedia]

Although I am a former federal prosecutor, (and also, currently, an Augusta, Georgia criminal defense lawyer), I have also taught criminal justice courses part-time at a local university. One of the topics which we recently discussed in my course about White Collar Crime dealt with whether or not some white collar corporate defendants in some cases can unfairly avoid criminal liability -- for the corporation and/or its officers -- by simply paying a fine. In other words, do some white collar criminals get away with fraud and corruption with just a slap on the wrist in the form of a monetary penalty?

Have you read about the case involving HSBC, one of the world's largest banking companies, which is headquartered in Great Britain? According to various news reports, HSBC has been under investigation by the U.S. Department of Justice for allegedly laundering or transferring funds from Mexican drug cartels and for allegedly transferring funds to benefit Iran, in alleged violations of various sanctions. While everyone is entitled to their day in court, and while everyone should be presumed innocent until proven guilty, these are some pretty serious allegations, don't you agree?

Today, according to various news reports, HSBC is reportedly entering into a "deferred prosecution agreement" with the U.S. Department of Justice, whereby prosecution of HSBC and its executives will apparently be deferred, or avoided, and HSBC will simply pay a whopping $1.9 billion penalty.

Look, let's be fair: no one here is saying that any particular individuals in that situation should be prosecuted. We do not know all the facts. And no one should be judged based upon some news reports. And no one can fairly claim that $1.9 billion is merely a slap on the corporate wrist.

But the question still remains, as we discussed in my college class: Generally, do you believe that, in some criminal cases, (without focusing on that one), some corporations and corporate executives can avoid jail time by simply paying their way out of problems? Are there different standards or considerations in white collar crime, as opposed to street crime? What is your opinion?

How Do You Find A Good, Experienced Criminal Lawyer?

In this blog about white collar crime, we generally try to give you good, interesting information about various hot topics in criminal law.  I also try, from time to time, to entertain you with some of my "war stories" from the court room. But we also try to give you some practical ideas and information about our criminal justice system for you to discuss with your own criminal lawyer.

Today, I want to focus on that last category -- and a topic which has become a pet peeve for me.  The topic is: How do you find a good, experienced criminal defense lawyer? Put another way, if you are in trouble with the law, should you simply call around and find the dirt cheapest lawyer out there!? That part is the part which bothers me!

As Augusta, Georgia criminal lawyers, (including over 26 years as a former state and federal prosecutor), every single day, we receive telephone calls and email inquiries from people all over Georgia who are looking for a criminal defense attorney. And sometimes, it seems that all some callers care about, (even if they have money), is hiring the cheapest criminal lawyer they can find. In my opinion, as a trial attorney who has seen both the best and the worst which the bar has to offer, that is a lousy approach!

Here are a few suggestions about finding the best criminal lawyer for your criminal case. First of all, we recommend that you talk with family and friends about their recommendations. Did Lawyer Smith really get Uncle Clem out of trouble? 

We also suggest that you actually make appointments and meet with several prospective attorneys. And ask them good, tough questions about their experience, including how many criminal cases, and what kind of criminal cases, they have tried. But that is just a start. The point is that, when your life and freedom are on the line, you should do your research and focus on finding the best, most experienced criminal lawyer -- and not just the cheapest lawyer -- which you can afford! 

Trust me, all criminal lawyers, just like all plumbers, barbers, or doctors, are NOT just alike. Many are experienced and competent; others are not. So, do your research. But please, please, please don't simply look for the cheapest lawyer you can find!

Prosecutorial Misconduct, the Michael Morton Case, and Lessons Learned

[Photo of Lady Justice from wikipedia]

Did you see the C.B.S. 60 Minutes segment last week about a wrongly convicted man named Michael Morton?  Well, you should have seen it! This story was incredible! This poor man has recently been freed from a Texas prison, after serving 25 years for a crime he did not commit.  The horrible crime was the murder of his wife. His liberators included criminal attorney Barry Scheck and the Innocence Project, which helped clear Morton through DNA testing which was unavailable when he was convicted. Fortunately, police now also reportedly know who actually committed the murder.

But the point of this post involves one of the primary reasons why Mr. Morton was wrongly convicted in the first place.  According to the news report, back in 1987, when the case was tried, the prosecutor allegedly withheld key investigative reports from the defense.  (This allegation, which is reportedly being made against the former D.A., who is now a judge, is still under investigation).  One of the alleged withheld reports involved an interview of the grandmother of the Mortons' little boy, who was at home when his mom was tragically murdered.  In the report, the young child reportedly told his grandmother that the killer had a mustache, (which Mr. Morton did not have), and that this dad was not home at the time of the murder.  Again, this evidence was reportedly withheld from the defense.  

In fairness to the former D.A., he contends that he told the defense attorney about the report.  In other words, this question (about whether or not the report was turned over), is in dispute.  But don't you see how wrong it was if the D.A., in such a case, did not turn over such exculpatory evidence to the defense?

Here is my proposed solution to this serious problem:  I believe that prosecutors everywhere should generally be required to turn over ALL investigative reports to criminal defense attorneys.  Look, I know this solution can work!  As a former state and federal prosecutor, for over 26 years, I generally always followed an "open file" discovery policy in all criminal cases, (with limited exceptions for confidential informants' identities, or other sensitive matters, such as victims' addresses or telephone numbers).  In short, sometimes the procedural rules may not have required full disclosure, but I preferred to follow a "show and tell" policy of everything in my file.

Prosecutors should realize that, by being more open in discovery, they not only are doing the right thing, but also they will quickly get more guilty pleas, because the defendant will more clearly see you've got them when you show them "what you got!"

But, over the years, I have seen some short-sighted prosecutors who appear to want to hide their files from the defense.  As an Augusta, Georgia criminal defense lawyer, I have learned that obtaining discovery from an overly zealous prosecutor can be like pulling teeth with pliers!  This is wrong!  And it can lead to wrongful convictions, as in the Morton case!

I was an aggressive prosecutor who zealously represented crime victims' rights!  Trust me, I was no bleeding heart!  But I also tried to always remember that, it is the prosecutor's role, as former Supreme Court Justice Sutherland described it, to "strike hard blows, but not foul ones."  In short, if the evidence is on your side, you can still try hard to win, but it won't hurt for the D.A. to help ensure a fair trial, and a level playing field, by turning over ALL the evidence to the defense attorney!  

Then, maybe we wouldn't have to look back, 25 years later, and wonder -- what else should have done to ensure this poor man a fair trial?

What do you think?

Spam, Scams and Sucker Lists

[Photo of FBI Seal from wikipedia]

As you may know, we are a father and son family law and criminal defense law firm located in Augusta, Georgia.  I was also a federal prosecutor, here in Augusta, for over 20 years.  But that doesn't prevent us, at the Goolsby Law Firm, LLC, from receiving almost daily scam emails from con artists around the world claiming that they want to send us a lot of money!  Of course, the criminals are really just wanting to obtain their victims' bank account information!

How should we all react to such scams?  Frankly, even though I once prosecuted telemarketing fraud and other fraudulent schemes, I don't know!  But I do know that it is probably best to NEVER reply to any of these bogus email solicitations, because, once you do, you probably will be automatically adding your email address to what is called, in the con artists' "trade," a "sucker list." 

In other words, such con artists will often focus even more on folks who have ever replied or otherwise given any encouragement at all to their fraudulent entreaties.  They will also often sell, or trade, their "sucker lists" of potential victims with other con artists, which will make it even more likely that you will get even more spam/scam offers in the future!

So, maybe I DO know the best solution to the problem of how to deal with fraudulent emails.  In my opinion, while I would like to reply to such emails, "tell them off," and threaten to inform my friends at the F.B.I., I believe the best response, in most cases, is simply to press "delete!"

Haven't you received such fraudulent emails?  What do you think?

The Costs of White Collar Crime: The Case of the Stolen Prosthetic Legs

[Photo of prosthetic legs from wikipedia]

One of the themes of this blog is that white collar crime can be as costly, (or even more costly, in some cases), as violent, street crime.  As an example, consider the sad case of Amando Fontaine, a crime victim in Miami, Florida.  According to various news reports, Mr. Fontaine's car was stolen from outside his home earlier this week.  Motor vehicle theft is bad enough.  But this crime reportedly cost Mr. Fontaine more than just his car.

According to reports, Mr. Fontaine, an Army veteran, also lost his prosthetic legs and wheelchair mount, which were located inside the stolen car.  Now, Mr. Fontaine will reportedly have problems in keeping his doctor appointments and simple getting around otherwise, too.

Here's hoping that Mr. Fontaine's car will soon be recovered.  As you see, white collar crime can be very costly to its victims.

Merry Christmas From The Goolsby Law Firm!

From our family of lawyers, at the Goolsby Law Firm, LLC, in Augusta, Georgia, USA, we simply want to wish each of you and your families around the world: MERRY CHRISTMAS!

OPR: The Office of Professional Responsibility and Why DOJ Attorneys Fear It

[Photo of DOJ Seal from reactf.org]

As a new federal prosecutor, years ago, I quickly learned that most federal prosecutors shake in their boots at even the thought of being investigated by the Office of Professional Responsibility, ("OPR").  Here is why, in a nut shell!

You see, OPR is, for federal agents and prosecutors, what an internal affairs unit is for police officers.  In other words, OPR is the arm of the Department of Justice, ("DOJ"), which is entrusted with the responsibility of investigating and, in some cases, disciplining, federal agents and prosecutors who have been accused of misconduct related to their cases.  Each year, OPR investigates hundreds of complaints made by citizens, or referred to them by federal judges and others.  It is my understanding that OPR employees actually even troll across the internet looking for reports of alleged prosecutorial misconduct.  In short, if they catch you, OPR can get you fired! 

According to the DOJ website, OPR was created in 1975 in response to allegations of prosecutorial abuse committed by DOJ employees during the infamous Watergate scandal.

Fortunately, for me, during my 20 year career as a federal prosecutor, I never had to endure any OPR investigations!  But I knew or heard about federal employees who did.  And trust me, I don't believe it was a pleasant experience!  But I'll bet you will agree that OPR serves an important role in ferreting out government misconduct.

Of course, OPR is not the only vehicle for raising complaints about prosecutorial misconduct.  For instance, complaints can also be raised with state bar associations and with federal judges, in appropriate cases.  But   these are all matters which you should carefully discuss with your own criminal defense attorney.

As for me, now that I am an Augusta, Georgia criminal defense lawyer, and no longer work for DOJ, I no longer have to worry about receiving a call from OPR to "come on down, you are the next contestant!"      

A Goolsby "War Story:" Strange Things I Have Seen in Georgia Courtrooms!

[Photo from Wikipedia]

Sometimes, as a former state and federal prosecutor, (and presently, as an Augusta, Georgia criminal defense lawyer), I think I have "seen it all" in courtrooms around the State of Georgia!  Here is just a small sample:

1. I once tried a criminal case against a lawyer who wore a pea green leisure suit and gray hush puppies during the trial!

2. I once tried a criminal case in a Georgia courtroom which had brass spittoons strategically located around it!

3. I once tried a case against a lawyer who actually put those courtroom spittoons to good use during the trial!

What unusual things have you seen where you work?!

Cemetery Theft and Hot Places In Hades

[Photo from stockphotos]

Sometimes, it seems like nothing -- not even a cemetary -- is sacred any more.   We have posted here before about the growing problem of cemetery thefts.  And now, it has happened again.  This time, it is in California.

According to various news reports, thieves have stolen approximately 113 bronze vases from graves located in a Newhall, California cemetery.  It seems like this is happening all over the country.

As I have concluded before, we can only hope that there is an especially hot place in Hades reserved for anyone who will steal from or desecrate a grave, or cemetery.  Sadly, nothing is sacred any more.

Are crimes and criminals getting bolder and bolder?  Are there an solutions?  Or are we all just going to Hell in a handbasket?  What do you think?

The Roger Clemens Trial and the Problem of Prosecutorial Misconduct

[Photo from Wikipedia]

As a former federal prosecutor for over 20 years, (and currently, as an Augusta, Georgia criminal defense lawyer), I believe that most federal prosecutors, (Assistant U.S. Attorneys, or "AUSAs"), are good, decent, and honorable attorneys.  But in every profession, including among AUSAs, there are a few who will always try to cut corners, or step over the line, in order to win.  Doesn't it seem that prosecutorial misconduct seems to occur more and more frequently, especially in federal trials, around the country?  While I am not suggesting that the prosecutors in any of the following illustrations are in any way corrupt, or "bad apples," allegations of prosecutorial misconduct have certainly been raised in each of the following cases.  You decide about the alleged misconduct in each case.

For instance, no matter what you may think about the jury's verdict, you will recall that, in the recent Casey Anthony trial, the prosecutor was seen laughing, or smirking, during the defense lawyer's closing arguments.  In my opinion, there is no excuse for such misbehavior in the courtroom by prosecutors, but it happens more than you might realize.  Of course, I have no idea whether or not it had any impact at all on the jury's verdict.

Also, you will recall that the federal fraud conviction of Alaska's Senator Ted Stephens was thrown out, based upon prosecutorial misconduct.  In that case, the allegations centered around the government's withholding exculpatory evidence and witnesses from the defense, which, if properly revealed, might have resulted in a not guilty verdict for Stephens.  In my opinion, this type is an example of prosecutorial misconduct at its worst.

Finally, just this past week, a federal judge declared a mistrial in the perjury and obstruction trial of former baseball great, and seven-time Cy Young winner, Roger Clemens.  Once again, the mistrial was based upon possible misconduct by federal prosecutors.  In this case, Clemens is accused, among other things, of lying at a Congressional hearing about whether or not he had ever used performance-enhancing drugs.  According to news reports, another former baseball pitcher, Andy Pettitte, is expected to testify that Clemens had allegedly admitted to him that he had used human growth hormone.  Supposedly, Pettitte had told his wife, Laura, about the alleged admission.  But, as to Laura, that would be hearsay, so the federal judge in Clemens' case had previously ruled that prosecutors could not use her hearsay testimony to bolster Andy Pettite's testimony. 

However, according to news reports, what the judge had forbidden is exactly what federal prosecutors did this week!  Specifically, the government played a videotape for the jury of a congressional hearing in which a congressman referred to Laura Pettitte's hearsay statement!  Understandably, the judge reportedly got upset!  He excused the jury and declared a mistrial!

A hearing has been scheduled by the judge for September to decide whether or not Clemens can be re-tried after the government's mistake.  Naturally, Clemens' criminal defense attorneys will claim that the prosecutorial misconduct was either grossly negligent, or intentional.  His defense team will also raise double jeopardy as a defense against a retrial.  The government will, no doubt, claim that the mistake was unintentional and ask for another chance.  It remains to be seen how the judge will rule.

Again, I believe that most prosecutors, including most AUSAs, are good, decent, and honorable public servants.  But I also know that prosecutors are human and that mistakes occur.  Moreover, I also believe that some prosecutors are willing to step over the line, in order to win a criminal case.

What do you think?   

Lessons From the Casey Anthony Verdict

[Photo from Wikipedia]

Just moments ago, a Florida jury announced its verdict of not guilty for Casey Anthony in the alleged murder of her two year old daughter, Casey.  As a former prosecutor and criminal lawyer for more than 30 years, I have learned, long ago, that you just never know, or can guess, what a jury will do.  Ms. Anthony was also found guilty of several counts of making false statements to law enforcement officers.  But again, she was acquitted on the most serious murder and manslaughter charges related to her daughter's tragic death.

What do you think about our jury system, or this case?

Healthcare Fraud: The Bogus Mammogram Scam

As a criminal defense lawyer in Augusta, Georgia, naturally, when I talk about pending criminal cases around the country, I probably should first emphasize that each defendant is entitled to a presumption of innocence, unless and until proven guilty beyond a reasonable doubt. After all, that is what our Constitution provides! And besides, we all know that we cannot believe everything we read in the newspapers, don't we!?
But laying all caveats aside, have you heard about the new criminal case in Perry, Georgia in which a former hospital employee is accused of submitting false mammogram test results? In other words, according to news reports, in over 1289 cases, women were falsely told that doctors had read their mammogram scans; whereas, they actually had never seen them! Sadly, according to reports, false test results were allegedly submitted by the defendant for ten women who were later re-tested and learned they actually had breast cancer. Isn't this a horrible crime!?
Don't you agree that white collar crime, or "crime in the suites," can be even more costly than "crime in the streets!?"

Auto and Product Safety Recalls v. Criminal Prosecution?

In light of all the deaths, suffocations, and amputations from poorly designed baby beds and strollers, you might justifiably wonder why the companies which manufacture such products are almost never prosecuted. The simple truth is that, in our society today, while you may see lawsuits and recalls, you will rarely see criminal prosecutions in such situations.

In my opinion, here are a few of the reasons why. First of all, most prosecutors and criminal investigators are not geered to handle such prosecutions. Even the U.S. Department of Justice lacks sufficient resources and is already overloaded with plenty of "traditional" criminal cases to prosecute. But in my opinion, as a former federal prosecutor, prosecutors nationwide can do a better job! They should more often make the time, "think outside the box," and target for prosecution those who clearly endanger our lives with defective products and automobiles.

But other challenges exist. In addition, such cases are difficult to prove. For example, unless you have a corporate insider who discloses confidential email memoranda to a government agent, it would be difficult, in most cases, to prove criminal intent. In other words, the government would need to prove that corporate executives knew their product would kill or injure, and that they deliberately concealed such evidence from the public or safety inspectors.

To further compound the difficulty in making a criminal case, often, the deaths and injuries occur years after the alleged criminal activities have occurred. This problem is present in many white collar crime prosecutions. For example, if a company pollutes the environment, by the time they are caught, years and years may have passed. The original parties responsible for the crimes may be dead and gone. Appropriately, consumer activist Ralph Nader has observed that, due to this problem of "delayed violence," which is often inherent in white collar crime, it is often difficult to bring criminal cases.

In conclusion, not all companies having safety issues deserve prosecution. And even when they do, many challenges exist to making a criminal prosecution stick against a corrupt company which knowingly produces defective products. However, in my opinion, the Department of Justice and state prosecutors nationwide should try even harder to bring criminal prosecutions in appropriate cases. After all, bad guys carry ink pens as well as guns!

Jury Duty and How To Get Out of Serving

Did you hear that President Obama actually received a summons for jury duty?! I don't believe he will have much trouble getting out of serving on a jury in Chicago! Do you?! But you and I aren't presidents. How would you and I get out of jury duty? What are some legitimate excuses or reasons for avoiding, or getting out of, jury duty in Georgia? (I do NOT recommend that you stand, in the courtroom, and announce, "I see dead people!" That may get you out of jury duty, but it might get you in a padded room, too!)

First of all, let me emphasize that, if you possibly can, you should simply go and serve as a potential juror. You will probably enjoy it! Also, as I have heard one judge describe it, jury duty is one of the important ways in which we all can do our civic duty.

Second, it is critically important that, even if you have a legitimate excuse, you must follow the instructions from the clerk of court, which came with your jury summons, concerning how and when you may seek to be excused from jury service. I cannot emphasize enough that if you fail to follow these instructions, and simply fail to show up, the judge will likely send a marshal for you!

Here are some of the excuses which may help you get out of jury duty:

1. You are 70 or over;

2. You are a full-time student;

3. You have a written doctor's excuse; and

4. You are active duty military.

These are examples of excuses which may help you get out of jury duty. But again, it is important that you submit your excuse to the court! After all, you and I aren't presidents with the ready excuse that we are defending the free world!

What is "White Collar Crime?"

How do you define "white collar crime?" In 1939, famous Professor Edwin Sutherland defined white collar crime as "crimes committed by a person of respectability and high social status in the course of his occupation." However, as a former federal prosecutor in Augusta, Georgia, I have always believed that Professor Sutherland's definition of white collar crime is too narrow. In my opinion, white collar criminals are not necessarily just people "of high social status." For instance, in my opinion, even an 18 year old bank teller who pockets a little bit of the bank's cash may not have "high social status," but she still is a "white collar criminal." In short, I would define "white collar crime" more broadly than Sutherland as any crime related to business or one's occupation. And one more point: in Sutherland's day, only men were considered in the discussion about white collar crime, but today, as we all know, women are as equally devoted as men to the task of committing white collar crime! What do you think?