One of the most common complaints filed with the Internet Crime Complaint center was about FBI impersonators, who apparently contact Missouri residents via email and suggested that they owed money to the FBI.
]]> There were also a number of complaints about faulty offers to work from home, as well as what is known as a "romance scam" which works through online dating sites.It is not clear at this time whether or not these types of crimes are being committed in Missouri or even in the United States. It's possible that much of the work was done through spambots, which are automated emailing systems that work sort of like a virus on the internet. This is an area of law that is still developing, and authorities are rushing to catch up with technology that evades the law enforcement systems that are already in place. The law is still uncertain in many ways in this arena, most significantly in terms of how to translate standard search and seizure procedures into a digital context.
For fraud schemes that were conducted through spambots or computer viruses, many people may be implicated in the investigation even though they had no active part in the crime itself. These new technologies can operate on someone's personal computer without any signs of trouble for the user.
Source: St. Louis Post-Dispatch, "Missouri, Illinois victims report $15.5 million in internet crime losses," Bill Lambrecht, May 11, 2012.
]]>This perception could sway a jury or simple put a defendant at an unfair disadvantage. One particular feature that seems to be troublesome is facial hair. In fact, when asked to create a basic sketch of a criminal offender, 82 percent of study participants included facial hair.
]]> In a different study, participants in mock juries were much more likely to believe that a man with a bear was guilty of a violent crime such as rape.Perhaps this is the result of media exposure and fictional portrayals of men with beards, but psychologists also think that the reaction has a more subconscious origin. One theory is that a beard accentuates features that humans recognize as related to high testosterone levels.
Authors of a recent study wrote that "Beards appear to be linked with perceptions of elevated age, social status, dominance and threatening facial displays." This indicates that it is a combination of factors that may lead people to associated beards with criminal activity, although there is no evidence to suggest a real correlation. So for now, it's just one more thing to consider before heading into the court room.
Source: MSNBC, "Sorry, guys: We judge you by your facial hair," Brian Alexander, May 10, 2012.
]]>As in many other high profile DUI cases, the court has also ordered her to speak at local schools and help educate young people about the dangers of driving while intoxicated.
]]> The woman has had no history of drunk driving or any other criminal activity, and the charges and sentencing reflect that. For repeat offenders or people who caused significant damage or injuries while driving under the influence, charges can escalate to a felony DUI and jail time can be a possible penalty.She was pulled last year when she was seen weaving through heavy traffic and swerving. Police found an open champagne bottle in her car and reported that the woman was disoriented and was slurring her words.
In a press conference outside the court house earlier this week, the beauty queen told reporters that she was relieved that she would not be serving time in jail. She also said that she hopes to use the experience to positively influence younger girls and help raise awareness about drunk driving in the community.
Community service is a common penalty for DUI convictions and is often seen as more beneficial for offenders and the community than short jail sentences. The relatively low fines in this case are also typical of a misdemeanor charge.
Source: The Detroit News, "Former Miss USA Fakih 'relieved,' gets probation for drunken driving," Christine Ferretti and Josh Katzenstein, May 10, 2012
]]>The problem has arisen with some questionable deals between third parties promising to sell time shares and the current owners of the time shares. The owners are saying that the third parties have taken their money and personal information without finding reliable buyers.
]]> Local law enforcement authorities as well as the Federal Trade Commission have been receiving complaints about this practice. The third parties are asking for social security numbers, bank information, and $2,000 payments to secure buyers that may not exist or may not be committed to the deal.Fraud of this kind of a very serious crime and charges of this nature should be taken seriously. Seven people have already been sentenced in a case in Illinois. Penalties in recent cases have ranged from 18 months to 15 years.
This type of fraud has become prevalent all over the country. It was the top subject of FTC complaints for Florida last year, quadrupling since 2009.
There is evidence that suggests that the time share companies are selling owner information to the fraudsters in bundles. It is unclear at this time whether or not the time share companies are implicated in the fraud investigations.
Source: USA Today, "Time share fraud lands on law enforcement's radar," Jayne O'Donnell, May 1, 2012.
]]>For nonviolent offenders, little progress is made towards rehabilitation or increasing public safety during a prison sentence. Alcohol and drug abusers in particular are not well served by time behind bars, and often repeat their crimes when they are released. Similarly, the state spends considerable time and money locking up people who have violated the terms of their probation.
]]> The study showed that about 43 percent of those cases were the result of technical violations, such as failing to report a move or missing an appointment with parole officers.Lawmakers from both sides of the aisle agree that there must be a better way for the state to handle these individuals without putting such a burden on the prison system. One of the justices from the Supreme Court of Missouri also voiced an opinion on this issue, pointing out in a 2010 speech that while the state spent billions incarcerating repeat drug and alcohol offenders, they didn't seem to be making a significant dent in crime rates.
The result is a new program that involves better community supervision and less time in prison. Parole officers will now be able to use county jails for short stays for parole violators, costing only $30 per day and available immediately. In addition to being less expensive for the state, the program will also benefit nonviolent offenders throughout Missouri. They will have better access to rehabilitation programs and will be able to continue to live and work in their own communities while they are supervised by the court.
Source: St. Louis Post-Dispatch, "Missouri Legislature passes sentencing, parole guidelines," Virginia Young, May 3, 2012.
]]>The case is an example of the value of continuing to fight a wrongful conviction. Especially for those who may have been originally convicted without DNA evidence, scientific proof can be highly valuable in clearing their names.
]]> In this instance, two new suspects were successfully identified through DNA evidence, which allowed the men who had been previously convicted to be exonerated. The victim cooperated with police a second time so that the true perpetrators of the crime could be held responsible. DNA testing is an increasingly important piece of evidence in the appeals process as technology improves and results become more and more accurate.The District Attorney issued a statement saying, "this case demonstrates the complete circle of our efforts to seek justice."
However, for the wrongly accused and their families, the effort may have taken a bit too long. Some people who are wrongly imprisoned are compensated by the state for the time they spend behind bars, particularly in the area of lost wages during that time. There is no information available as to whether these men are seeking or being offered compensation.
Source: Courthouse News Service, "Innocent, After 28 Years in Prison, D.A. says," David Lee, April 30, 2012.
]]>The recent trend of mug shot republishing has made this even more of an issue for many. The websites make a profit by posting photos and names of people who have been recently arrested in a given city and then requiring those individuals to pay to have the photos removed. Prices can range from $50 to $400. The most common type of photo posted is for DWI arrests.
]]> Sheriff's offices post the photos online as a public record, and these websites create a code to feed those photos directly to their sites. One such entrepreneur said that the easiest solution would be for sheriff's departments to prohibit republishing of their content.While there may be some public benefit to showing photos of sex offenders or people convicted of theft crimes, there is little to no benefit to showing photos of people who have simply been arrested for a DWI. Contrary to this inference, it seems that repeat offenders or people on probation are not targeted by the site. Rather, site owners seem to post the most photos of people that seem the most likely to pay, often women who have been arrested for the first time.
What do you think of these websites? Should this be allowed or should local law enforcement put a stop to it?
Source: ABC News, "Businesses Charge Hundreds to Remove Mug Shots Online," Susanna Kim, April 23, 2012.
]]>The new policy will allow women who are being searched to remove their headscarves in a private room without men present, submit to the search, and then replace their hijabs before returning to the public space.
]]> The headscarves, known as hijabs, are used by some Muslim women to conceal their neck and head from the public. The practice is an important part of religious modesty standards.The controversy over the search procedures in the county jail began after a woman wearing a headscarf was arrested at a protest earlier this year. She apparently had a warrant out for expired car registration and was taken to the county jail. Officers there removed the headscarf for her and she was forced to go without it for about seven hours while she was being detained.
The woman's brother told reporters that the experience was very upsetting for his sister. He also spoke about concerns for other Muslims and how they might view or experience the criminal justice system in America.
The Supreme Court recently upheld a lower court ruling that Muslim women had a right to wear their hijabs while being detained unless the jail could show that there is a security threat.
This arrest was for expired license tabs, so it is unlikely that officers anticipated a security threat.
It's important for people to remember that even though they are being detained by police or corrections officers, they are still entitled to their rights within the criminal justice system. This case is just one example of law enforcement officers unnecessarily infringing upon someone's rights in a way that caused significant emotional strife for that person.
Source: St. Louis Post-Dispatch, "St. Louis County Jail changes policies to address Muslim concerns," Jennifer Mann, April 24, 2012.
Source: St. Louis Post-Dispatch, "Removal of Muslim woman's head scarf at St. Louis County Jail sparks anger," Christine Byers, April 17, 2012.
]]>A new white collar case has just begun against a local man who is accused of several types of wrongdoing in a real estate deal. Authorities are alleging that the man persuaded a friend to invest in a property and then assigned the title to an limited liability corporation held by two of his other friends. After that, he apparently instructed the people controlling the LLC to borrow against the equity of the home and used that money to pay for expenses for himself and his friends. It is not clear at this time if any of the other parties will be subject to criminal charges.
]]> The charges in this case include wire fraud and mail fraud. He is accused of defrauding several different parties, including banks and investment partners. Mail fraud means any fraud scheme that is carried out through the U.S. Postal service, which has a broad reach since the mail is often used for exchanging important banking documents. Each of the four counts that he is being charged with carry at maximum penalty of $250,000 in fines and up to 20 years in prison.Source: KMOV, "St. Louis man indicted on 4 counts of wire fraud," April 18, 2012.
]]>The case against Martha Stewart for securities fraud and several other white collar crimes is one famous example of this. After the government launched an investigation into her activities on the stock market she was forced to step down from her namesake media empire. The public fallout was significant and it took Stewart many years to return to her place in her own company, partially as a result of a five year ban that the court placed on her ability to work at any publicly held company.
]]> The Best Buy case has centered on some allegations that the CEO used company funds to pursue an inappropriate relationship with an employee of the electronics retailer. These allegations have led to an aggressive internal review. The company is publicly traded, so any financial misconduct may lead to criminal or civil liability, depending on the results of the investigation.Working for a publicly traded company can have great rewards, but also carry a lot of risk, since the company is accountable to shareholders and the Securities and Exchange Commission. Criminal liability that results from a securities fraud case can carry serious penalties, and misconduct is often attributed to top level executives who knew or should have known of the activity.
Source: The Associated Press, "Best Buy's Dunn departure sparks speculation," Ann d'Innocenzio, April 12, 2012
]]>According to news reports, the co-founder of a St. Louis area business, US Fidelis, pleaded guilty to state fraud charges in addition to conspiracy to commit wire fraud and mail fraud. He also admitted to tax evasion. The state and federal prosecutors agreed upon 8 years as a recommended sentence, with time to be served concurrently. Sentencing is scheduled for July.
]]> The 47-year-old businessman avoided a trial by pleading guilty. His brother, the other co-founder, is also facing fraud charges. The 47-year-old said he would not testify against his brother, although his brother was apparently implicated in many of the admissions made by the 47-year-old. The second brother's trial is expected to begin in September.When individuals are implicated in the same crime, they are sometimes co-defendants. In this case, one brother has agreed to a plea deal and the other brother appears to be heading for court. The news report did not indicate any reasoning on the part of either brother.
The tax evasion stems from the reported failure of the 47-year-old to claim $13 million in "distributions" from his company for the 2006 tax year. That year he allegedly claimed a loss on his tax return.
Wire fraud, mail fraud and other white collar crimes can be complex, complicated and involve forensic accounting and other types of expert witnesses. It will be interesting for our St. Louis readers to see what develops in the second brother's case in September.
Source: STL Today, "US Fidelis co-founder admits federal tax evasion, fraud," Robert Patrick, April 10, 2012
]]>Detainees are not always subject to criminal charges, but a person may be held for a period of time while law enforcement conducts an investigation.
]]> The court found that the strip searches were necessary for security in the jail. Generally, strip searches are only allowed when law enforcement officers have a reasonable suspicion that that the person is carrying a weapon or contraband. This is part of the protections for suspects and detainees under the Fourth Amendment, which provides for freedom from unreasonable searches.Justice Kennedy wrote for the court that some infamous criminals have been stopped or briefly detained for minor offenses prior to their major crimes. However, some are questioning whether or not evidence of those major crimes would truly be discovered via a strip search. Another justice, writing for the dissent, said that the strip searches were humiliating and a violation of privacy and human dignity. Strip searches of this nature are specifically banned by international treaty and laws in 10 states.
Despite this ruling, it is still crucial for anyone who has been arrested to be aware of their rights and have an experienced advocate present for interactions with law enforcement. The ruling does not require the strip searches, but simply permits them.
Source: The New York Times, "Supreme Court Ruling Allows Strip-Searches for Any Arrest," Adam Liptak, April 2, 2012
]]>The change brings up questions about the admissibility of evidence gathered by a source other than law enforcement. Anyone may file a police report if they suspect animal abuse, but this arrangement will encourage the rescue group to actually collect evidence, such as photographs and witness statements while they are on a site picking up a surrendered animal.
]]> There is also an issue of what effect this will have on people considering surrendering an animal to a rescue group. If people know that the rescue group may implicate them in an animal abuse crime, will it prevent them from going through the proper process to give up an unwanted pet?Police say that animal abuse can be a strong indicator of other criminal behavior and that the new plan will help to prevent other crimes. While this may be true, it is also concerning that police may presume someone is guilty of more than one crime if they have neglected or abused an animal.
The first misdemeanor charges were filed last week using evidence gathered by the rescue group. It is not yet clear what type of penalty law enforcement is seeking in those cases.
Source: St. Louis Post-Dispatch "Animal abusers could face swifter punishment in St. Louis," Valerie Scremp Hahn, April 4, 2012.
]]>She was also implicated in a 2009 methamphetamines investigation and was arrested in both the United States and Australia at that time. Law enforcement officers have been increasingly focused on methamphetamines in recent years as small scale production and explosive accidents in the manufacturing process have become more prevalent.
]]> Authorities have accused her of being on the run since the 2009 arrest. However, Ms. Farrow denies that she was evading law enforcement, telling police recently that her arrest may have made her a target for some dangerous acquaintances she has."I've been in ... relationships with numerous underworld figures or whatever you want to call them and I feel that maybe they feel threatened by my situation... I was trying to protect myself from being killed or harmed."
The present charges seem to be in Australia, rather than the United States. Although Farrow's public arrest and her concerns about personal safety raises questions about the DEA's sensitivity to these situations. Fear of retaliation is common in drug cases where authorities arrest a lower level person or acquaintance of those who have previously been involved with moving narcotics. Some say that police could be doing more to protect suspects during the ongoing investigation so that they are not put at risk.
Source: The Los Angeles Times, "Bikini-clad drug kingpin, or much ado about little?" Matt Stevens, March 20, 2012.
]]>In a decision handed down recently, the Court says that the right to competent counsel extends to all parts of the criminal defense process, including any negotiations for a plea deal. Up to this point, plea bargaining has been relatively informal, but as plea deals make up an increase portion of all criminal convictions, the Court says it requires more oversight.
]]> Advocates for criminal defendants have worried that unregulated dealing between lawyers can lead to unfavorable deals for defendants.Justice Kennedy wrote that plea bargaining "is not some adjunct to the criminal justice system; it is the criminal justice system ... longer sentences exist on the books largely for bargaining purposes."
The decision came out of a case in which a man was charged with driving without a license and was offered a deal to plead guilty for a 90-day sentence. His attorney never told him about the offer and the man pled guilty later after it had expired and was sentenced without the benefit of the deal.
The ramifications of the decision won't be fully known until lower courts begin applying it, but it is certainly a significant decision that may help protect the rights of the accused.
Source: New York Times, "Justices Ruling Expands Rights of Accused in Plea Bargains," Adam Liptak, March 21, 2012.
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