Florida Criminal Attorney Blog

A 46-year-old Tallahassee doctor was sentenced to 25 years in prison Friday for his involvement in a prescription pill trafficking operation.

The man was also ordered to pay a $500,000 fine and investigative and prosecutorial costs.

According to the Florida Office of the Attorney General, the illegal operation was to blame for disbursing large quantities of prescription drugs throughout western Florida.

The physician apparently pled guilty to conspiring to traffic in 28 grams or more of oxycodone in October 2011. He was prosecuted by the Attorney General’s Office of Statewide Prosecution.

The Osceola County Investigative Bureau, the Sarasota County Sheriff’s Office, the Sarasota Police Department and the Florida Department of Law Enforcement claim they began investigating the doctor in 2010. Their alleged investigation revealed the doctor was selling prescriptions for large amounts of oxycodone to a group of associates who would fill the prescriptions and then disburse the pills on the streets of Sarasota.

One of the doctor’s co-defendants was sentenced to 25 years in state prison for his role in the operation and another co-defendant is awaiting sentencing.

Drug trafficking in the State of Florida describes the sale, delivery, possession or manufacturing of illegal drugs and controlled substances over a certain weight or amount. The consequences associated with a drug trafficking charge can vary from a minimum of three years to a maximum of a life sentence in prison, depending on the type of drug and the quantity. Sentences are established by the weight value of the total pills in question. At minimum, a trafficking charge of oxycodone is a three year mandatory prison sentence with a fine of $50,000 and a maximum of 25 years in prison plus a fine of $500,000.

In many drug trafficking cases in Florida, the State will seek conspiracy charges to be filed in addition to trafficking charges in order to obtain convictions not only for trafficking pills, but an agreement to traffic drugs. The conspiracy to traffic drugs can be difficult to understand because most drug charges require for the prosecution to prove that the accused was in possession of the drugs in question at some point. However, a conspiracy to traffic drugs charge can be proven solely by establishing that an agreement existed to carry out a drug-related criminal act. In fact, the act does not have to even be completed to be convicted of conspiracy.

The Florida Prescription Drug Trafficking Attorneys at Whittel & Melton can thoroughly review the facts of your case and explore all possible defenses to combat the charges against you. We will review any evidence and police reports to consider the following:

• Did law enforcement play a role in initiating your participation in the conspiracy?

• Did the conspiracy solely entail verbal agreements, or were there acts in furtherance of the conspiracy?

• Was the agreement terminated or dismissed before an arrest was made?

• Were wiretaps involved, and if so were they legal?

• Was the warrant obtained legal?

Continue reading "Florida Prescription Drug Trafficking Attorneys Whittel & Melton :: Seminole County Physician Sentenced to 25 Years for Distributing Large Amounts of Prescription Pills " »

A Seminole County contracting firm owner is accused of racketeering and insurance fraud after State Farm Insurance claims the company billed for work that was never done and charged for products that were never used in order to fix homes damaged by sinkholes from Orlando to Tampa Bay.

Although the source of the suspicions are dubious, it is suspected that the overcharges in sinkhole claims can be linked to the reason insurance losses from sinkhole claims have skyrocketed. This increase has allegedly increased premiums for all Florida policyholders and not just those throughout Florida’s “sinkhole alley.” Most likely this is the sort of talking point that an Insurance company lobbyist would feed a reporter to avoid the most obvious source of any rate hikes…the Insurance company themselves.

Citizens, a state-run company that insures more than one million property owners allegedly lost more than $200 million dollars in 2010, which they claim is seven times more than the premiums collected for sinkhole coverage.

It can be difficult to detect fraud when dealing with sinkhole repairs. The two primary methods of work involve operations predominantly performed underground and there are numerous people involved including engineers to oversee the work, companies that sell cement, companies that pour cement and companies that make the repairs that often play the role of a general contractor.

A criminal investigation involving the Office of Statewide Prosecution against a Brooksville, Florida sinkhole repair company allegedly was started by a homeowner complaint in Hernando County.

In 2007, a Spring Hill homeowner supposedly hired the company to stabilize a sinkhole at his home. The company allegedly sent an invoice to State Farm in the amount of $94,410.
The company supposedly proposed the work would take 24 days to complete, but the homeowner told State Farm representatives the work took about 14 days. The crew supposedly arrived from Orlando around 10 a.m. every day and left by 3 p.m.

The invoice also claimed that a Casselberry engineering firm spent 20 hours inspecting the site, but the homeowner claims he never saw anyone from that firm at his home.

State Farm supposedly started reviewing other claims from the Brooksville sinkhole repair company, focusing on invoices submitted by the Seminole County contracting firm.

A detective with Florida's Department of Financial Services allegedly went to serve a subpoena to the contracting company’s corporate headquarters and found a rural residential lot with a locked gate and guard dogs, but none of the equipment used in sinkhole repairs.
In August, the owner of the Seminole County contracting firm was arrested on charges his company overbilled State farm $202,800 for grout at 11 homes in the Orlando area. Court records indicate that State Farm listed another 17 houses, some in the Tampa area, where grout was allegedly overcharged by as much as $33,825 for a single house.

State Farm believes that the Seminole County contracting firm and the Brooksville sinkhole repair company worked together to submit inflated bills.

The owner of the Seminole County contracting firm has plead not guilty to the charges and the Brooksville sinkhole repair company claims the allegations against them are false.

In 2009, State Farm filed a lawsuit against an independent sales rep for the Brooksville sinkhole repair company claiming the man contacted homeowners and offered kickbacks to persuade them to hire the company. The case was closed due to insufficient evidence.

Florida lawmakers made offering rebate sinkhole repairs a felony in May. Any known homeowner who accepts a rebate could have their sinkhole coverage voided and run the risk of possibly having to refund the rebate amount to the insurer.

State Farm has since dropped its case against the rep with the Brooksville sinkhole repair company, however State Farm still feels skepticism persists with the company due to missing permits for sinkhole work at various homes purchased in the Hernando area.

The Hernando County Development Department has supposedly opened an inquiry. Failure to obtain a permit can result in fines and the loss of permitting privileges in Hernando County.
Permits allow county officials to monitor construction work as well as provide a source of income for the county.

Because the company supposedly failed to purchase permits they also supposedly avoided creating a public record of sinkhole activity at any of the homes purchased, which does not provide potential buyers with public knowledge that there was a sinkhole on that property.

In the State of Florida, insurance fraud is classified as a criminal felony offense. When someone files a claim with an insurance company with the intent to defraud, the person may be liable for insurance fraud. While sinkhole fraud is unlawful and punishable by criminal penalties, committing this offense can be grounds for an insurance company to deny a claim as well as cancel an insurance policy.

There are several types of insurance fraud that can arise in sinkhole claims, including the following:

• Intentionally lying about the date sinkhole damage was discovered

• Falsely answering or misstating facts during the application process

• Faking damage to the home or making any known damage worse than it appears

• Not disclosing prior sinkhole activity to future insurance companies

• Not disclosing prior sinkhole damage to potential homebuyers

In many circumstances, alleged fraudulent activity turns out to be a legitimate mistake. Regardless, many insurance companies will attempt to cancel, rescind or deny your claim based on any suggestion of fraudulent activity. The Florida Sinkhole Fraud Defense Attorneys at Whittel & Melton can help answer any questions you may have concerning insurance claims and potential fraud charges.

A 52-year-old Columbian man was arrested in the Orlando area Saturday morning for having $6,500 in counterfeit U.S. currency in his possession.

A Kissimmee police officer pulled the man over Saturday morning driving a dark blue BMW with a tinted front windshield. The officer apparently instructed him to pull over while he was conducting an unrelated traffic stop in the same area.

After checking the vehicle, it was allegedly determined that the car was not properly registered to the driver. The man was detained while the officer performed a field investigation.

Investigators claim the man gave his consent for officers to search the vehicle where they allegedly uncovered a black purse containing three separate envelopes, one of them apparently containing 50 counterfeit $100 bills.

The man was placed under arrest and taken to the Kissimmee Police Department to be interviewed by Kissimmee Police Detectives and a United States Secret Service Agent.

According to the Kissimmee Police Department, a thorough search of the vehicle revealed $14, 802 of valid U.S. currency, $6,500 of counterfeit U.S. currency and 46 random gift cards from various retailers.

The man was charged with possession of more than 10 counterfeit bills and was transported to the Osceola County Jail. At the man’s request, the Columbian Consulate was contacted.

Counterfeiting represents the act of generating false currency and distributing it or attempting to distribute it as a genuine form of cash. Counterfeiting can also include other criminal activities including possession of counterfeit money or goods or trafficking in counterfeit money or goods.
When counterfeiting involves money or government bonds, it is charged as a federal crime. Like most white collar crimes, this means federal agencies will investigate and prosecute the case. Not only do these federal agencies have more resources than law enforcement organizations at the state level, they tend to show fewer leniencies to those accused of counterfeiting.

In order for the prosecution to obtain a conviction in a counterfeiting currency case, it must be shown that the accused knowingly committed the offense. A Florida Counterfeit Defense Lawyer may be able to present compelling evidence to the jury that may result in a dismissal of charges if the following can be demonstrated:

• The accused did not commit the crime of counterfeiting

• The accused unknowingly was in possession of counterfeit money

• The accused had no intent to commit the crime of counterfeiting

• Any evidence pertaining to the charge of counterfeiting is insufficient or inconclusive

When accused of a counterfeiting offense, it is important to consult with a Florida Counterfeit Defense Lawyer at Whittel & Melton as early on in the process as possible. It does make a difference how soon a defense attorney is brought into the process. By consulting with legal counsel during the early stages of an investigation, the prosecution may be persuaded that they do not have a convincing case against you which could result in no charges being filed.

Continue reading "Florida White Collar Crimes Defense Attorneys Whittel & Melton :: Columbian Man Arrested in Orlando for Having Counterfeit Bills" »

A 39-year-old Royal Palm Beach, Florida man has been charged with one count of filing a false personal income tax return for 2008 for himself and seven counts of filing false tax returns for his clients.

He is also charged with fraudulently claiming the First-Time Home Buyer Credit and other tax credits and deductions.

The man apparently ran a tax return preparation business in Palm Beach County.

Prosecutors claim the tax loss to the government was between $400,000 and $1 million.

The man allegedly improperly claimed earned income tax credits, home mortgage interests, business credits, gifts to charities and medical and dental expenses for his clients.

If this man is convicted of tax evasion, he faces potential penalties of up to three years in prison and up to $250,000 in fines for each charge. While searching for ways to dodge tax liability is legal in the U.S., intentionally not paying the taxes you owe can result in felony tax fraud charges. Charges of criminal tax evasion can include:

• Filing a False Tax Return

• Failure to File Taxes

• Failure to Pay Taxes

• Assisting in Preparing a False Tax Return

Additional charges that can arise in tax fraud cases may include mail fraud, making false statements and making false claims. Criminal tax evasion charges may also result from failing to report all income or claiming false deductions. In tax evasion cases, the government must prove knowledge and willfulness to deceive. The penalties are unique to the charges you face and are contingent upon the amount of taxes you owe the federal government.

If you are under investigation for filing false tax returns, it is best to contact a Florida Tax Crimes Attorney immediately. At Whittel & Melton, we can best protect your rights by getting involved as early on the case as possible. Depending on the circumstances exclusive to your case, we may be able to negotiate with the IRS to avoid criminal penalties.

Continue reading "Florida Tax Crimes Defense Attorneys Whittel & Melton :: Palm Beach Tax Preparer Accused of Filing False Returns" »

Ex-Orlando Magic point guard Darrell Armstrong was arrested in California Tuesday on an outstanding warrant stemming from an alleged unpaid $37,500 debt at a Las Vegas Strip casino.

The 43-year-old current Dallas Mavericks assistant coach is accused of writing a worthless check and theft deriving from casino markers or IOUs last June at a Vegas hotel and casino.

According to the Los Angeles County Sheriff’s Department, Armstrong is wanted by the Clark County district attorney’s office for his alleged involvement in the case.

Armstrong was apparently stopped Tuesday around 8 p.m. for an alleged traffic violation. He was arrested and transported to the sheriff's Marina del Rey station.

He was released Wednesday afternoon after posting $40,000 bond set by authorities in Nevada.

He joined the Mavericks for the team’s Wednesday game against the Lakers, taking his usual seat one row behind the bench.

Florida Statutes define the crime of passing off a worthless check as writing a check with reasonable knowledge that the account it was written from has insufficient funds or has been closed. The State of Florida considers a bad check charge a “crime of dishonesty” which could affect your employment status even after your case is resolved. A worthless check offense is classified as a first degree misdemeanor if the check is written for an amount less than $150 and carries a potential jail sentence of up to one year and fines of no more than $1,000. If a single worthless check happens to add up to more than $150 or multiple bad checks written total more than $150, the crime is elevated to a third degree felony punishable by up to five years in prison.

There are multiple reasons a check may be dishonored by the bank. Should a banking institution stamp a check with any of the following memos, a person can be prosecuted under the Worthless Check Statute:

• Non-Sufficient Funds

• Insufficient Funds

• Account Closed

• No Such Account

• Account Not Found

• Uncollected Funds

• Refer to Maker

Unfortunately, simply settling your debt pertaining to a dishonored check, draft, bill of exchange or a debit card order is not a viable defense for the charge and does not mean your case will be dismissed. However, if the check amount is paid immediately the State Attorney’s Office may choose to not continue with prosecution. Even if a case has already been opened, a Florida Criminal Defense Attorney may be able to persuade prosecutors to drop the charges in exchange for a payment of restitution.

The victim of a worthless check may choose to take civil action against you for passing off a bad check. In fact, the victim may seek damages for up to three times the amount of the check. In addition, you may be subject to attorney fees, court costs and bank fees should you be found guilty.

Continue reading "Florida Criminal Defense Attorneys Whittel & Melton :: Former Magic Fan Favorite Darrell Armstrong Arrested for Passing off Bad Check at Vegas Casino" »

A Florida Ave Maria law school student is being held on $1 million bond after police claim he supposedly pointed a gun at his ex-girlfriend and fired shots at his roommate.

The 25-year-old student was charged Friday with attempted murder and aggravated assault with a deadly weapon.

According to the Naples Daily News, the man allegedly forced his roommate and ex-girlfriend to their knees on the street while pointing a gun at them. The woman apparently ran to the apartment to call the police, while the man fired several shots in the air.

The man allegedly ordered the roommate to his feet while pointing the gun at him. According to reports, no one was injured.

The man is scheduled to make his next court appearance on Feb. 6.

Aggravated assault can be defined as the use of intentional force that puts another individual in fear of impending danger. Certain circumstances can elevate this crime to be considered aggravated including:

 Use of a deadly weapon

 Assault against a family member or relative

 Assault against a police officer

 Assault that results in serious bodily injury

The use of a deadly weapon is not limited to a gun, and may include any type of instrument capable of bringing about serious bodily injury or harm. In the State of Florida, aggravated assault with a deadly weapon is a third-degree felony carrying consequences of up to five years in prison. However, if a person is charged with aggravated assault with a firearm a mandatory minimum sentence of three years in prison must be enforced.

For an aggravated assault with a deadly weapon charge, the State does not have to prove that you harmed another person or that you even made physical contact with the person. If it can be shown that you had the ability and the intent to inflict harm on another person, then you can be charged with this crime. In fact, simply threatening someone with a dangerous device, with an apparent ability to carry out the threat, can result in an aggravated assault arrest.

The Florida Aggravated Assault Defense Attorneys at Whittel & Melton work with investigators and related experts to exhaust all probable defenses to get your aggravated assault charges dismissed. There are numerous defenses that may be grounds for challenging the accusations including self-defense, provocation, defense of your property and defense of a third person. In addition, any faults with evidence must be exposed. Our attorneys can work to uncover any unlawful search and seizure issues as well as any conflicts with evidence or witness testimony.

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Florida authorities believe that a 12-year-old boy may have been critically wounded on New Year ’s Eve following a celebratory gunshot supposedly fired into the air miles away.

According to reports, the boy and his family were outside their home enjoying the fireworks display around 1 a.m., when the boy fell to the ground bleeding from his eyes and nose.

The boy’s family, unable to determine the cause of bleeding, rushed the boy to South Bay Hospital where doctors confirmed a bullet had entered the top of his head. He was transferred to Tampa Bay General Hospital where he remains in critical condition with the bullet still inside his head.

No reports of gunfire nearby were reported, but police suspect the boy was hit by gunfire falling from the sky from miles away.

Police are questioning people in the surrounding area in an effort to figure out who pulled the trigger.

A Spokesman for the Hillsborough County Sheriff’s Office calls the act irresponsible and said the crime carries felony consequences.

The illegal discharge of firearms is banned within city limits and prosecuted rather vigorously in Florida. So-called “celebratory gunfire” is considered reckless and when a stray bullet lands it can result in serious injuries. When a gun is fired up in the air it can be very difficult to trace where the shot was fired from. Where a randomly fired bullet lands depends on the angle of the trajectory it was fired at. Generally, the lower the trajectory, the faster the bullet, and it could fall from several thousand yards away.

In some areas of the world, celebratory gunfire is a tradition and it is acceptable to set off destructive devices in celebration of weddings, anniversaries and other such festivities. Randomly firing a gun in a public place is a felony in only a few states, and in Florida it is a misdemeanor offense. Studies show that the possibility of death from a bullet shot in the sky is far greater than other gunshots because they cause head injuries 80 percent of the time.
Strict Florida laws prohibit anyone from knowingly and willingly discharging a firearm in a public place, which includes public roads, streets, highways, a vehicle, private residence or any other occupied dwelling. Any individual that does discharge a weapon in a public place or inside a residence can be charged with first-degree misdemeanor punishable by up to one year in jail. Likewise, if a person discharges a firearm from inside a vehicle, within 1,000 feet of another person, they will face a second-degree felony carrying consequences of up to 15 years in prison.

If you think you may be charged with a weapons offense in Florida, it is important to understand that the State takes these charges quite seriously. There are numerous weapons crimes that can be committed and criminal history, the type of firearm used and the person’s intent can all play a role in determining the charge. It is very important for anyone that could potentially be charged with a weapons offense to contact a Florida Firearms Lawyer immediately to discuss your options. The Florida Firearms Defense Lawyers can start building an aggressive defense for you right away, so it is crucial to the outcome of your case to act fast.

Continue reading "Tampa Firearms Defense Lawyers Whittel & Melton :: Police Suspect a New Year’s Eve Celebration Gun Shot May Have Resulted in a Boy’s Critical Injuries" »

Six Citrus County, Florida residents have been arrested and are facing various drug charges after investigations conducted by the Sheriff’s Office and the CCSO’s Tactical Impact Unit and Pharmacy Diversion Unit revealed illegal dealings of prescription narcotics.

The arrests ranged from doctor shopping to hydrocodone trafficking. Several of the supposed suspects, ranging in age from 22 to 57, are accused of selling cocaine and other substances as well as selling their prescription pills for a profit.

A CCSO spokesperson mentioned that the introduction of Florida’s new prescription drug monitoring program E-FORCSE or Electronic - Florida Online Reporting of Controlled Substances Evaluation makes it easier than ever to monitor who may be doctor shopping. Law enforcement agents, doctors and pharmacists can use the program to see what drugs patients are receiving and from what doctors.

Doctor shopping also known as Obtaining a Controlled Substance by Fraud has become an increasingly popular charge in Florida. Due to the large amount of pressure placed upon law enforcement to track down those suspected of prescription drug abuse, new tracking systems have been developed to monitor patient’s medical records and pharmacy histories. These amped up security measures put doctors as well as patients at a greater risk for being accused of committing a prescription drug crime. Electronic databases put even patients given legal prescriptions to treat an injury or illness in jeopardy of a drug crime arrest.

Doctor shopping, in general, is when a patient visits multiple doctors to gain access to multiple prescriptions. It is illegal for patients to visit different doctors without disclosing that information to them, even if they are under the care of several physicians for legitimate reasons. In the State of Florida, doctor shopping is classified as a third-degree felony that carries mandatory penalties and could include up to five years in State Prison. In addition, the State can charge every transaction as a separate crime, which could result in multiple consecutive sentences.

The Florida Drug Crimes Defense Lawyers at Whittel & Melton are experienced with how the State Attorney’s Office investigates these types of crimes and will work to get your charges related to doctor shopping or any other type of drug charge reduced or dismissed. As trial attorneys, we treat every case as if it is going to trial and can provide you with a solid defense no matter what the circumstances are surrounding your arrest.

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Sam Hurd was released from the Metropolitan Correctional Center on Dec. 16 after posting $100,000 cash bail, but the former Bears receiver will now have to look for a job elsewhere.

The team decided to cut Hurd on Dec. 16 after reviewing the drug allegations stacked against him.

Hurd was arrested on Dec. 14 outside of a Chicago steakhouse. He is accused of accepting a kilo of cocaine from an undercover federal agent masquerading as a drug dealer. He is also accused of attempting to set up a major drug network.

Police claim that Hurd told the undercover agent that he wished to purchase five to 10 kilos of cocaine and 1,000 pounds of marijuana a week to sell in Chicago and that he was supposedly moving four kilos of cocaine a week.

After appearing in court and posting bond, Hurd’s attorney did not respond to any of the specific allegations in the criminal complaint, but did address the rumors that Hurd was supplying drugs to various NFL players as 100 percent false.

Charges against Hurd have been filed in Texas, which is where his next court date will be. While no date is set as of yet, it should be scheduled within the next 30 days, after a grand jury hears the case.

A former federal prosecutor shared that the case against Hurd appears to be solid based off the criminal complaint, but other factors could play a role in how the case shapes up, including what information Hurd can offer prosecutors build a case against others.

It is not mentioned whether Hurd will attempt to get picked up by another team as he fights the drug case with the potential to put him in jail for 40 years.

The most serious drug crime in the state of Florida, whether prosecuted in state or federal court, is drug trafficking. Under Florida Statutes, a person in possession of less than a kilo of cocaine can be charged with drug trafficking. In fact, the only difference between cocaine possession and cocaine trafficking boils down to the amount of cocaine seized during the time of arrest. Individuals could face anywhere from three to 25 years in prison for drug charges in Florida, contingent upon the type of drug and the amount seized.

In Florida, oftentimes drug trafficking charges stem from undercover sting operations. Depending on how initial contact was made between the accused and an undercover officer as well as how the drug evidence was seized, possible trafficking charges could be dropped. Undercover drug busts must follow clear-cut procedures and drug charges can be dismissed if law enforcement officers neglected to acquire an appropriate warrant, used an illegal wiretap or failed to link the accused to the alleged drugs due to scarce evidence.

Despite the allegations surrounding your drug arrest and what federal agencies may be involved, the Florida Drug Crimes Defense Lawyers at Whittel & Melton may be able to assist you in combatting state or federal drug charges. If your charges cannot be dismissed, we prepare for trial and in the meantime will negotiate with prosecutors for the least amount of prison time or even request a suspended or alternative sentence. Many times in drug cases, the State’s case may fall under a gray area and our attorneys can pick out the strengths and weaknesses of the prosecution’s case to better defend you.

Continue reading "Florida Drug Crimes Defense Lawyers Whittel & Melton :: Ex-Chicago Bears WR Sam Hurd Released from Federal Jail after Posting $100K Cash Bond" »

Boxer Floyd Mayweather Jr. was sentenced to 90 days in jail Wednesday after pleading guilty to domestic violence battery charges and harassment stemming from an alleged altercation between him and his ex-girlfriend in September 2010.

He will report to jail to start serving his sentence on Jan. 6.

The reduced plea deal will allow Mayweather to avoid a trial on felony allegations that he struck his ex-girlfriend and threatened two of their children at his ex’s Las Vegas home.

The judge ordered Mayweather to perform 100 hours of community service and pay a $2,500 fine.

Mayweather may have pleaded guilty to the charges to end the uncertainty surrounding his criminal case so that promoters could finalize the plans for a super-fight next year between Mayweather and Manny Pacquiao.

Now that the case has been resolved, promoters have mentioned a likely date for the mega-brawl between the two boxers to take place in June.

Domestic violence cases can be quite complex and are usually prosecuted aggressively by the State. When law enforcement is called to the scene of a domestic dispute, they are often urged to make an arrest in an attempt to diffuse the situation. Even though it is not always clear who the at-fault party is in a domestic violence situation, police usually regard the first person to report the alleged incident as the victim. Due to the special laws that apply to domestic violence arrests, it is extremely important to consult with a Domestic Violence Attorney as early on as possible. There is usually evidence that needs to be obtained quickly, including photographs, telephone records and any potential witness statements.

Most people tend to think that domestic violence arrests are limited to disputes between spouses or partners, but domestic violence extends to include any criminal offense committed by one family member against another. Domestic violence covers a wide range of criminal offenses including:

• Kidnapping

• Sexual Battery

• Assault and/or Battery

• Stalking

• Child Abuse

Domestic violence charges can be filed as misdemeanors or felonies, and the filing decision is made exclusively by the prosecutor and is based on facts unique to the case. A misdemeanor or felony conviction for domestic violence can include jail time, counseling, community service, fines and a stay-away order from the victim.

It is important to understand that if any type of assault or battery is apparent, police will typically make a domestic violence arrest. Even if there are no noticeable injuries, prosecutors with the State Attorney’s Office will not necessarily drop charges due to a victim’s request. While prosecutors can pursue domestic violence charges with or without the supposed victim’s cooperation, this does not always mean charges will be filed. Early intervention by an experienced Florida Domestic Violence Attorney may persuade the prosecutor to decline filing formal charges against you. There are a variety of factors that may make a difference in your case, and the Florida Domestic Violence Defense Attorneys at Whittel & Melton can discuss your potential options.

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A former Florida resident was sentenced to the maximum sentence of 20 years in federal prison on Thursday for mail fraud in connection with a $30 million Ponzi scheme.

His original charges also included wire fraud and conspiracy, crimes that often get charged in conjunction with mail fraud cases.

The case was investigated by the U.S. Postal Inspection Service, the Florida Department of Law Enforcement, the Florida Office of Financial Regulation, the Florida Attorney General’s Office and prosecuted by the U.S. Attorney’s Office.

The 48-year-old man was ordered to surrender $29.9 million, numerous computers and computer equipment purchased using earnings from the scheme.

According to authorities, the man received $30 million from more than 500 investors in Florida and throughout the United States by assuring them that they could earn 10 percent interest per month by trading in foreign currency through his company located in Pasco County.

The man supposedly only invested a small portion of the assets obtained, paid investors about $15 million of other investors’ money and spent millions of dollars on personal items for himself, friends and family. He allegedly leased high-end real estate in New York City, private jets, and bought luxury cars, clothing and jewelry.

The Florida Attorney General’s Office shut down the man’s former company in April 2010 and froze its assets after investigating a grievance against the company. During that time the man had a Gainesville address and supposedly went to school in the area.

He was arrested in New York City on Nov. 4, 2010 and indicted Dec. 1.

Mail fraud and wire fraud are broad terms used in any case involving theft by mail, by Internet, by electronic transfer, by phone or any other comparable scenario. The State must prove intent beyond a reasonable doubt to obtain a conviction for this white collar offense. A mail fraud or mail theft case revolves around several points:

• Did the accused actually plan to commit fraud?

• Did the accused willfully and intentionally create a plot to cheat another person or persons
out of money or property?

• Did the accused use the postal system in their scheme to defraud?

Prosecutors and investigators for fraud cases are aggressive in pursuing charges, which means your case can drag on for a lengthy time period. If convicted of mail fraud, the penalties include stiff fines or imprisonment for up to 20 years, possibly both. If the violation concerns a financial institution such as a bank, the fine can be elevated as high as $1,000,000 and imprisonment up to 30 years.

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A woman who supposedly wanted a curvier body for cheap allegedly paid a woman posing as a doctor to inject her buttocks with cement, mineral oil and flat-tire sealant.

According to police, the suspect was born a man and identifies as a woman. She is accused of performing this toxic procedure on herself and at least one other.

The 30-year-old was arrested Friday and charged with practicing medicine without a license with serious bodily injury. She has since been released on bond.

Police investigators say the woman has supposedly been on the lam for a year, driving a black Mercedes and residing at various locations. An officer allegedly drove by one possible home for the woman nearly every day on his way to work, and apparently spotted the Mercedes parked outside on Friday which lead to the woman’s arrest.

The alleged victim told officers she paid $700 for a series of injections to her bottom in May 2010. She was apparently referred to the woman by a friend.

The woman was supposedly treated at two south Florida hospitals for severe abdominal pain and infected sores on her buttocks along with flu-like symptoms. According to reports, she failed to tell doctors the full story behind her sickness because she was embarrassed.

The woman’s mother apparently took her to a Florida hospital on the west coast, where doctors were supposedly told about the alleged procedure. The Department of Health was notified.

The woman claims she is still recovering from the surgery and is in too much pain to work.

Florida’s state laws require that medical procedures be performed only by licensed professionals. When a person performs a medical procedure without a license that causes serious bodily injury to another, they can ultimately be charged with a second-degree felony punishable by a maximum of 15 years in prison. Anyone that engages in the illegal practice of medicine can be subject to various criminal consequences that have the potential to generate civil lawsuits depending on the facts associated with the medical matter. It is important to be aware that manslaughter can be charged if someone dies from an unlicensed medical procedure.

Practicing medicine without a license can cover a broad range of activity, but commonly criminal charges erupt from the following:

• Applying “M.D.”, “D.O.” or any other abbreviations that may indicate a person is a licensed professional for the purposes of treating a patient

• Prescribing medication to patients without a license to do so

• Medically diagnosing someone

• Delivering medical treatment to someone without holding a proper medical license

• Providing a medical examination without the necessary medical license required to give the examination

• A physician who practices medicine not covered by the license the physician possesses

• A former physician that continues to practice medicine after their license has been revoked

It is essential to consult with a Florida Criminal Defense Attorney immediately when facing charges associated with the illegal practice of medicine. These charges can negatively impact your life severely if not handled properly. The Florida Criminal Defense Attorneys at Whittel & Melton can best advise you of your rights while simultaneously putting forth the best defense unique to your specific charges.

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