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!

Hedge Fund Manager Raj Rajaratnam Convicted of Insider Trading Charges

[Photo from The Hindu]

New York federal prosecutors are no doubt still running their victory laps this evening after a United States district court jury reportedly returned guilty verdicts today on 14 counts involving insider trading against Raj Rajaratnam, a multi-millionaire hedge fund manager.  According to various news reports, the government relied heavily on wiretap evidence, including conversations in which Rajaratnam allegedly bragged to others about insider trading, in order to obtain the convictions on security fraud and conspiracy charges. 

Insider trading generally involves buying or selling stock in publicly held companies while benefitting from "inside" tips or information about the stock's value which is unavailable to the public.  You might recall that the Martha Stewart investigation began based upon allegations of insider trading.  According to the U. S. Department of Justice, this is supposedly the largest insider trading case involving a hedge fund in U.S. history. 

As a former federal prosecutor, I can tell you that these government prosecutors were lucky to have wiretap evidence in this case. This evidence undoubtedly turned a complex white collar crime case into something more easily digested by a jury.  No doubt Rajaratnam's criminal defense attorneys will appeal his convictions.  Also, sentencing will reportedly be held at a later date.

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!"