Federal Criminal Defense Attorneys

Jason Kalafat Facing Assault Charges

Thu, 16 May 2013 10:49:26 -0500

Can you take on the Monopolies?

Mon, 06 May 2013 13:49:47 -0500

The following post was written by Whistleblower attorney Tony Munter.

If you have that sinking feeling that the world is closing in on you and the entities that dominate your life are getting bigger all the time perhaps there is an explanation. Check out the Atlantic monthly page 54 for April 2013. There is a pretty scary chart on the page entitled "Our Monopoly Economy by Joseph Weissman.

President Obama named Rep. Melvin Watt (D-North Carolina), to head the Federal Housing Finance Agency

Wed, 01 May 2013 16:22:39 -0500

This Blog was written by whistleblower Attorney Tony Munter

The news, or rather the reported leak today is clear, The White House wants to nominate long time congressman Mel Watt (D North Carolina) to head the Federal Housing Finance Agency (FHFA).

The FHFA is the agency charged with watching over the mortgage giants Fannie Mae and Freddie Mac. In as much as those two federally financed giants also finance most of the mortgages in the United States and also because they also owe the government something like $100 Billion, this is a big job.

The Justice Department Rides Lance Armstrong Again.

Thu, 25 Apr 2013 16:18:57 -0500

This Blog was written by whistleblower Attorney Tony Munter

Here we really go. As a public service this blog paid the $2.80 and downloaded the Justice Department's newly filed complaint in the Lance Armstrong Case.

That nobody seems to have figured out how to provide a more public link to the Complaint in a case which everybody wants to know about seems a little strange. It is not currently posted on the Department of Justice Website. Maybe the D.O.J. is publicity adverse these days?

Tony Munter On New Regulations for Wall Street

Fri, 19 Apr 2013 16:14:07 -0500

The following post was written by Whistleblower attorney Tony Munter.

"The Dodd-Frank regulatory overhaul is forcing banks to take extra steps in the process of bundling loans, but it does not change the basic approach"

Get ready, because here we go again.

Nathaniel Popper reports in the New York Times what you probably already thought was true. "The Alchemist of Wall Street are at it again."

Yes here we go. Once more, arcane-sounding financial products like collateralized debt obligations are being minted on Wall Street."

We do not comment on the policy implications. Yes, the federal government had to bail out Wall Street from the results of these kinds of practices so Wall Street could have the money to invest in new industry and create new jobs. You can decide for yourself if that was a good idea now they are back in business and creating new debt vehicles all over again.
There is a tip of the cap in the article to the new regulations but it is clear those regulations will not affect the ability of the banks to create new and riskier investment vehicles. " This year banks have issued $33.5 billion in bonds backed by commercial mortgage slightly more than they did in the early 2005 when the real estate market was flying high, according to dta from Thomson Reuters. The article makes clear it's all the same people. Oh yes there is a nod to financial reform.

Brian Reynolds chief market strategist at Rosenblatt Securities, said that when the quality of bonds start sliding, it rarely improves until a crisis.

But in the true spirit of Wall Street we are not here to moralize only to talk about the financial opportunity available. Now, nobody told the New York Times that any of this is illegal. It's just that well, there is an awful lot of new securities out there with risk attached to them which is not entirely understood by everyone. When as is inevitable, people start to lose real money we will find out what is really happening.

In the meantime, here are some opportunities for those on the inside who may know if something wrong is going on already. There are new tips being sent into the Securities and Exchange Commission all the time. Yes the S.E.C. whistleblower office has only been in business for a little while but it is there and it may become a very good source of revenue for those in the know. It is even possible to file a case with them (or the Commodity Futures Trading Commission) anonymously through a lawyer.

So, at least this time if Wall Street goes off the rails, it is possible that insiders will be able to get information to the S.E.C. in time to prevent the practices from going to the point of damaging the entire economy and maybe also collect an appropriate share for blowing the whistle.

There will be more to come in this area of course.

Human Health And Services Funded Study Might Have Misused Funds

Thu, 11 Apr 2013 12:31:10 -0500

The following post was written by Whistleblower attorney Tony Munter.

There is a story on the front page of the Washington Post today that will break your heart.
A study funded by and supported by the U.S. Government Department of Health and Human services was designed to learn more about oxygen therapy on infants. It was funded by the National Institutes of Health, and involved some 23 research hospitals.

Journey of a Criminal Defense Attorney in Washington DC

Wed, 20 Mar 2013 16:14:29 -0500

I recently attended the fiftieth anniversary celebration of the formation of the Public Defender Service for the District of Columbia (PDS), where I had the privilege of working as a staff attorney for almost seven years. The anniversary weekend brought back a flood of memories that reminded me of why I became a criminal defense attorney in Washington, DC. This is the first of a series of posts. In certain instances I've changed the names and identifying characteristics of people to ensure confidentiality.

In 1991, I was a senior at the University of Pennsylvania and I was floundering. I had no idea what I was going to do after I graduated. I'd thought about becoming a documentary photographer. My idol was Eugene Richards, a photographer who'd lived with a community of people in the sewers under the streets of Manhattan, who'd lived in a crack house, who'd documented an emergency room, to let the world know about these places and the people in them.

I'd also been in the Big Brother Program while in school, and would remain with the same person for another ten years. When I met him, my little brother was 12 and was already an enforcer in a drug crew. I spent a lot of time at his house, getting to know him and his family, and he spent time with me at school and at my parents' home. What I saw of the opportunities he had, what he thought of his life and where it was going, and his world in general, had a big impact on me.

I had no fucking clue what to do with this kid. I found out later that I'd been assigned to my little brother because I was the only one who was physically bigger than him, and I was given no one to call for advice or support on how to interact with him. So I made it up as I went along. I figured it would be a hard sell to get him to trust me. I taught him to drive my parents' car in the shitty parts of West Philadelphia. He told me later that he began to trust me when he asked if he could go to the 7-11 by himself and use my ATM card to get the money I needed for us to go get something to eat. We'd spend time hanging out at my fraternity house, where I let him haze the pledges. One time he almost choked me unconscious; I had to flip him halfway across the room to get him off of me.

I used to take his father to the local methadone clinic to pick up his daily dose, which I later found out he would sell. One day we drove up and as I got out of the car, the crowd around the door to the clinic scattered. His father told me that they must have thought I was a cop. Since there was a marked police car parked next to the clinic, I asked him why anyone would care if another cop showed up. He said "they're paid off but no one here knows you."

I spent a lot of time at his house hanging out with his family; I found that I was more comfortable there than on campus. I remember one night we were all sitting out on the front stoop at around midnight. His sister had gone to the prom that night wearing a dress she'd made. It was so peaceful that I fell asleep while looking up at the few stars you could see through the Philadelphia haze.

Special thanks to Attorney AnneMarie Rizzo for her assistance with this post

David Benowitz is a criminal lawyer in Washington DC and founding partner of Price Benowtiz LLP. He is a member of the National College for DUI Defense and is recognized by the National Board of Trial Advocacy as a Board Certified Criminal Trial Advocate.

Hopkins Researchers May Have Knowingly Provided False Results

Thu, 14 Mar 2013 09:55:40 -0500

Today's Washington Post includes a tragic story of a researcher who apparently committed suicide after being confronted with questions about the validity of his study.

The Post story by Peter Whoriskey, presents us with gruesome details, including a beyond the grave email to the main critic of the research Daniel Yuan.

The research study was published in the prestigious scientific journal Nature and it focused on detecting interactions between genes. However, Daniel Yuan wrote to Nature's editors to say the results were overstated and also that he found no evidence that the analyses described had actually been conducted.

Federal Government Will Join Whistleblower Case Against Lance Armstrong

Fri, 22 Feb 2013 15:07:54 -0500

What more does the Department of Justice have on Lance Armstrong?

The Department of Justice has apparently decided to "intervene" in the False Claims Act suit against Lance Armstrong.

For the individual plaintiff, reported to be Armstrong's former teammate Floyd Landis, this means a strong likelihood of a pay day. Landis will lose just a little potential percentage on a collection, but the Department brings a whole lot of leverage and will most likely prevail. The Department is usually careful, maybe too careful, only to join cases it sees as very strong. That tendency reinforces its record of success in False Claims Act cases.

David Benowitz Comments On Potential Prosecution of D.C. Man Who Helped Save Little Boy Being Mauled By Dogs

Fri, 25 Jan 2013 08:56:53 -0500

On January 21st, 2013 three pit bulls mauled an eleven-year old boy in Northwest Washington D.C., according to the Washington Post. One of the boy's neighbors witnessed the incident, retreated into his home, returned with a handgun, and aided police in shooting and killing the three dogs to help free the boy. The victim is undergoing complicated surgery to help repair the physical damage done by the dogs, but the heroic neighbor who helped save him may be subjected to an investigation by D.C. police because of some potential issues with his firearm.

Former Maine Prosecutor Skips Town after Child Pornography Conviction, Captured in New Mexico

Wed, 16 Jan 2013 13:24:36 -0500

James Cameron, a 50-year-old former narcotics prosecutor from Maine, removed his electronic monitoring bracelet and skipped town in November 2012 after a federal appellate court upheld his conviction on child pornography charges. Even though the federal appellate court overturned a few of the counts against him, Cameron still had to serve a significant amount of time in prison. Rather than face his sentence, Cameron jumped bail and left town on November 15, 2012. Cameron was finally captured in New Mexico and ordered to return back to Maine.

Blood Money

Mon, 31 Dec 2012 16:16:35 -0500

This post was contributed by David Benowitz

In the wake of the mass murder of twenty first graders and six of their teachers at Sandy Hook Elementary School, the fifth incident since 2011, it's time to excise the cancer that is the National Rifle Association (NRA). The NRA uses its money and influence to control primarily Republican members of Congress [83% of its contributions in the 2011-2012 federal election cycle went to Republicans]. Americans For Tax Reform head Grover Norquist has for years used a no-tax pledge as a litmus test for Republican support of a largely unworthy cause. Although his goal is ridiculous in a forward-thinking society, his method has been effective.

It's time, after four mass murders, to end the NRA as a force in American politics. Opposition to the NRA and rejection of its money or the funds provided by the PACs it controls must become a litmus test for public service. Those who support the NRA or take its money have blood on their hands. Those who accept this money need to be held accountable at the ballot box. Here's a list, courtesy of Opensecrets.org., of members of Congress who took this blood money during the 2011-2012 election cycle.

At Least 300 DC City Employees Involved in Unemployment Scandal

Wed, 21 Nov 2012 11:28:30 -0500

An internal probe by the D.C. Department of Employment has revealed that over 300 employees took almost $2 million of fraudulent unemployment benefits while they were still working for the City, according to the Washington Examiner. The investigation has led to the firing of a number of City employees, while many others are facing criminal charges.

The fraud was initially detected in February of 2012, but at the time investigators thought the fraud was only committed by just over one hundred employees and the total amount of money taken was about $800,000.

The major issue in this case is that not only were these people still working when they received their unemployment payment, but they were actually employed by the City government. It would be one thing if the City had trouble keeping track of those who had gained employment by some outside source, but it is another thing to lose track of people who are employed by the system that is eventually issuing their payments.

Plea agreements have been reached in a number of these cases, while many are still in front of the U.S. attorney waiting to be resolved. The City has recovered somewhere in the neighborhood of $1 million of the fraudulent payments, while others have been put on a payment plan to pay back their debt in a structured way. The database that keeps track of unemployment beneficiaries and their qualifications to stay on the list has since been upgraded to do a better job of weeding out these types of cases in a more timely fashion in the future.

In total, there have been 318 cases sent to the District's inspector general, who will ultimately decide which direction to go with the criminal investigations. Continue to our fraud lawyer page for more information about this type of violation, and some common defense strategies attorneys might use in this type of case.

For some perspective on what type of sentences these violators might expect, there have been two similar cases that have been made public within the last few months. In August an employee of the City's school system received 45 days in prison after being found guilty of stealing $27,200 in unemployment benefits while still employed by the City. A few months prior, a former employee of the Department of Consumer and Regulatory Affairs was issued a suspended jail sentence after being found guilty of accepting about $18,000 while also still employed.

Penn State Could Face Severe Federal Penalties Following Investigation

Thu, 26 Jul 2012 16:19:03 -0500

The NCAA levied penalties against Penn State University and their football team, the level of which we have never before seen. The team may not recover for a decade, and how the loss of that amount of revenue affects the rest of the university will be an interesting study in the relationship between athletics and education at high profile schools like PSU. Despite the penalty, and it was a big one, the school might not be out of the hot water quite yet. Following the investigation that led to these massive penalties, the school could also be facing strong federal penalties for violating a federal law that requires universities to report instances of criminal activity.

Supreme Court Upholds Individual Mandate As A Tax, Not A Penalty

Thu, 28 Jun 2012 11:30:20 -0500

When Barack Obama was running for the Presidency of the United States, one of the major platforms he chose to run on was a reforming of the health care system. The plan that he proposed early in his administration was met with both cheers and criticism, and became a major talking point in his run for re-election this coming fall. This week the Supreme Court voted on whether the health care plan, particularly the section that incudes an individual mandate, is constitutional. On Thursday June 28th, they ruled that the mandate is in fact constitutional, but only if it was considered a tax instead of just a penalty.