Jacksonville Criminal Lawyer Blog

Federal Authorities Stepping Up Prosecutions of Mortgage Fraud Cases

Published on: September 1, 2009 | by Lasnetski Gihon Law

Several times we have written posts about the shifting priorities of the FBI and federal prosecutors in the Jacksonville, Florida area and throughout Florida, from immigration and terrorism related cases years ago to securities fraud to mortgage fraud. It seems you can follow the latest sensational crime and economic stories to see where federal prosecutors are going to focus next. Recently, the failing housing market and increasing foreclosure rates have inundated the news. As a result, we wrote that the FBI and federal prosecutors are allocating significant resources to investigating, indicting and prosecuting mortgage fraud cases. We also noted that the state of Florida seems to be the focal point for mortgage fraud cases.

We do not expect the trend towards more mortgage fraud prosecutions to change any time soon. A recent FBI report noted that mortgage fraud is getting worse, and the Obama administration has made mortgage fraud cases a top priority. In fact, mortgage fraud cases have become such a priority that certain members of Congress have expressed concern that other white collar crimes may not receive the attention from the FBI and federal prosecutors they deserve due to the classic limited resources problem.

Reports of mortgage fraud by lenders increased 36% in 2008, and financial institutions estimate that they lost $1.4 billion in 2008 due to mortgage fraud, a 83% increase from 2007. With numbers like those, it is no surprise that the government is allocating significant funds for law enforcement to use to combat mortgage fraud. As a result, we should see more federal mortgage fraud cases in the Jacksonville, Florida area and throughout Florida in 2009 and beyond, at least until the next major trend takes over.

New Law Would Allow Students Convicted of Drug Possession to Receive Federal Student Aid

Published on: August 31, 2009 | by Lasnetski Gihon Law

The current law on federal student aid disqualifies anyone from receiving federal student aid or loans if he/she has a drug conviction, even just a drug possession conviction that is a misdemeanor. For instance, if a student is caught with a small amount of marijuana and gets convicted of drug possession, he/she would not be eligible to receive federal student aid. If a person decided to go back to school as an adult and had a drug possession conviction from twenty years ago, he/she may not be eligible for federal student aid based on that old drug possession conviction.

However, a new bill being proposed in Congress seeks to change that law. The new law, the Student Aid and Fiscal Responsibility Act of 2009, would allow people convicted of drug possession crimes to remain eligible for student aid. People convicted of more serious drug crimes, such as selling drugs, would not be eligible for federal student aid. One of the reasons for the proposed new law is that taking away a person’s ability to go to or finish college does not do much to keep people off of drugs. For the millions of kids who experiment with drugs in college but otherwise go on to be productive members of the community, the new law would ensure that the minor mistake of a drug possession charge does not prohibit them from graduating college and attaining their career goals.

Know the Ways to Lose Your Florida Concealed Weapon Permit

Published on: August 29, 2009 | by Lasnetski Gihon Law

Applications for concealed weapons permits in Florida have increased significantly this year, according to an article on News4Jax.com. It is expected that the Florida Department of Agriculture and Consumer Services, which processes the concealed weapons permit applications and issues the permits, will receive approximately 150,000 applications in 2009. The article indicates that there are approximately 6 million gun owners in Florida.

We get calls from people who are in danger of losing their concealed weapons permit for various reasons and need help retaining it. Some people are in danger of losing their concealed weapons permit and do not even realize it.

A license to carry a concealed weapon or firearm is valid for seven years and does just what it says- it allows you to carry a concealed weapon or firearm. However, you must also carry the license and identification at all times when carrying the concealed weapon. Most people are eligible to obtain a concealed weapons permit. If you are over 21, a U.S. citizen or a permanent resident alien, not a convicted felon, physically capable of safely handling a weapon or firearm, do not have a history of drug or alcohol abuse and can pass the firearms course, you are probably eligible for a concealed weapons permit.

When Police Ask Questions, You Do Not Always Have To Answer

Published on: August 27, 2009 | by Lasnetski Gihon Law

We see countless criminal cases in the Jacksonville, Florida area where regular people or suspects talk and answer questions when police come to investigate a crime, and the result is the person talks him/herself into getting arrested and/or gives the police officer the evidence he/she needs (and did not have) to make a strong criminal case against the person.

The Fifth Amendment to the U.S. Constitution guarantees you the right to remain silent and not answer a question from a police officer when that answer may incriminate you. For example, consider a situation where a vehicle with four occupants gets pulled over, and the officer finds a bag of marijuana or cocaine in the center console area. The bag of illegal drugs is within arm’s reach of each of the four occupants. The police officer takes all four people out of the car and asks questions to find to whom the drugs belong. What should the four occupants do?

The police officer wants at least one person to take ownership of the drugs so a valid arrest can be made. Keep in mind that the police officer is going to say various things, from promises to threats, to make the people think they should, or have to, answer his/her questions. The police officer may say that he’ll arrest everyone and take them all to jail unless someone claims the drugs. The police officer may promise that the person who claims responsibility will get a better deal or a slap on the wrist if he/she claims the drugs. The police officer may say anything, but his/her purpose is clearly to get a statement from someone so he/she can make an arrest and make it stick.

Jacksonville, Florida Police to Address the Misdemeanor Crime of Racing

Published on: August 25, 2009 | by Lasnetski Gihon Law

Jacksonville police recently met to address the issue of racing in Jacksonville, particularly involving teenagers in the summer months. Jacksonville police are actually encouraging people to race on racing tracks as opposed to the roads. Illegal racing has increased in Jacksonville, according to an article on News4Jax.com. Jacksonville police noted that Jacksonville ranked number 3 in the country for motor vehicle accident deaths involving teenagers aged 16-19. A new Jacksonville Sheriff’s Office (JSO) program seeks to educate teenagers about the dangers of racing on regular roads and allow them to drive on a real racetrack.

In Florida, racing on the roads is a misdemeanor crime. The crime of racing has a broad definition and includes using a vehicle to outgain another vehicle, to prevent another vehicle from passing or to arrive at a destination ahead of another vehicle. The penalties for racing include a possible maximum jail sentence or probation of one year, a fine of $500 to $1,000 and a one year license suspension.

I have Several Arrests But the Charges Have Always Been Dropped. Can I Have All of These Arrests Sealed or Expunged in Florida?

Published on: August 23, 2009 | by Lasnetski Gihon Law

When a person calls us at Lasnetski Gihon Law and asks about getting a prior criminal record sealed or expunged, we are often faced with the situation of a person with multiple arrests. The person wants to know if he/she can have his/her entire criminal record sealed or expunged. The first question is whether that person is eligible to have any arrest or criminal disposition sealed or expunged. We can answer that question fairly quickly at a free consultation over the phone or in our office.

Assuming a person is eligible to have a criminal record sealed or expunged in Florida, Florida law does not allow him/her to have multiple, different criminal records sealed or expunged. Florida law says that a person can only seal or expunge one criminal record. As part of the sealing or expunction process, the applicant has to swear that he/she has never had a criminal record sealed or expunged before. In other words, you can only do it once.

However, I mentioned that you cannot have multiple, different criminal records sealed or expunged in Florida. If you have multiple charges that were part of the same incident, assuming you are eligible, you can have all of the charges related to that incident sealed or expunged. For example, assume you were pulled over for reckless driving, the officer thought you were drunk and arrested you for DUI and then said you gave him a false name and resisted arrest, you may have four criminal charges as part of that one incident. If those charges were later dropped, you might be eligible to have the criminal records related to all four charges expunged because they were part of the same incident.

New Federal Law Proposed to Make Federal Criminal Sentences for Crack Cocaine Crimes Equal to Powder Cocaine Crimes

Published on: August 21, 2009 | by Lasnetski Gihon Law

We have written before about how people who commit crack cocaine crimes in federal court receive higher sentences than people who commit similar crimes involving powder cocaine. In other words, in order to get a similar sentence in certain situations, it would take the possession of much more powder cocaine than crack cocaine. The Obama administration has indicated an intention to eliminate this sentencing disparity in federal criminal courts.

A new law is also being considered that would establish equal sentences for crack cocaine and powder cocaine crimes. The new law would lower the crack cocaine sentences to the current powder cocaine level instead of the inverse. If and when this law passes, people charged and convicted of crack cocaine crimes in federal court will be exposed to lower sentencing ranges that are in line with those of powder cocaine crimes.

Federal Government Cracking Down on Medicare Fraud Crimes

Published on: August 19, 2009 | by Lasnetski Gihon Law

Federal agents raided dozens of doctors’ offices and homes during investigations into alleged Medicare fraud. As part of the government’s effort to reform health care and save money, the federal government is focusing on Medicare fraud and what they say are millions of dollars that are fraudulently taken from the government pursuant to the Medicare laws. The recent raids occurred in Houston, New York, Boston and Louisiana. In Houston alone, thirty-two indictments were recently unsealed charging $16 million in Medicare fraud claims.

Medicare fraud can be committed in various ways, but it often involves a doctor or someone in a doctor’s office billing Medicare for supplies that were not medically necessary and/or never provided to the patient. Under the Medicare laws, when a doctor prescribes a medical product, such as a wheelchair, to a patient, the doctor has a right to reimbursement from the government. In this case and other cases of Medicare fraud, the government alleges that the medical supplies were unnecessary and/or the medical supplies were never given to the patient and the doctor pocketed the reimbursement money. In this case, wheelchairs, arthritis kits and tube feeding supplies were the most common supplies that were the subjects of the alleged Medicare fraud.

Due to its relatively large elderly population, Medicare fraud is a significant issue in Florida. With the publicity surrounding health care reform, wasted money in the health care industry and the enormous tax burden on the public, it is likely that the federal government and state law enforcement in Florida will continue to investigate doctors for Medicare fraud.

Is There a Difference Between Getting a Criminal Record Sealed or Expunged in Florida?

Published on: August 17, 2009 | by Lasnetski Gihon Law

The law office of Lasnetski Gihon Law receives a lot of calls from people who want to get a criminal record sealed or expunged in Jacksonville, Florida and other parts of Florida. The discussion typically starts with whether the person is eligible to have the particular criminal record sealed or expunged. This post does not discuss under what circumstances a person is eligible to have a criminal record sealed or expunged. For questions about whether you are eligible to have a criminal record sealed or expunged in Florida, please contact us for a free consultation.

In this post, we are discussing what effects getting a criminal record sealed or expunged will have on your record once the process is completed. When a criminal record is sealed, the public cannot get access to it. However, certain government agencies do have access to it. For instance, if you are seeking employment with a criminal justice agency, applying to take a bar exam to become a lawyer or seeking employment with the Department of Child and Family Services, to name a few examples, those entities can access a sealed record. However, private employers will not have access to your criminal record once it is sealed.

When you have your criminal record expunged, the public cannot see your criminal record and private employers cannot see your criminal record. Those same government entities that can see a sealed criminal record will not be able to see your criminal record. They will only be informed that you have had a criminal record expunged but would not see the criminal record unless they obtain a court order, which is rare.

Drug Reform Issues Progressing Under Obama Administration

Published on: August 15, 2009 | by Lasnetski Gihon Law

The Obama administration has promised certain drug law reforms, and it appears that we may soon see some of the results. One of the issues that we have written about before is the disparity between criminal sentences for crack cocaine crimes versus powder cocaine crimes in the federal criminal system. Under the Bush administration, people convicted of relatively small amounts of crack cocaine would receive much higher prison sentences than people convicted of having higher quantities of powder cocaine. Under the new administration, we should see sentences on crack cocaine crimes equal to sentences for powder cocaine crimes. Additionally, the Obama administration is reducing funding for the media anti-drug campaign. Under the Bush administration, an enormous amount of money was spent on television commercials and various other media outlets to combat drug use, but studies showed that the campaign was not effective and the money was not well spent. The Obama administration is also trying to make it easier for people to obtain student loans after being convicted of relatively minor drug crimes. Lawmakers are also proposing bills that would decriminalize small marijuana possession under the federal laws and legalize medical marijuana in more places.