January, 2012

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

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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.

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Posted In: Florida , Theft , White Collar Crime , Worthless Checks

April, 2011

Pinellas Criminal Defense Attorney :: “It’s technique!” Former Employee Accused of Stealing $600,000 from “America’s Personal Trainer” Tony Little

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An ex-employee of St. Petersburg, FL resident Tony Little was arrested Friday on a charge of grand theft of $100,000 or more. The 50-year-old Pinellas Park, Florida man supposedly told police that he was heavily involved in online horse wagering, but did not indicate where the missing money went. He is accused of stealing nearly $600,000 from the ponytailed fitness guru.

Little supposedly noticed financial flaws last year and was planning to fire the man accused of grand theft who oversaw his Pinellas Park companies’ finances. According to the St. Petersburg Times, Little was unhappy with the man and set up a meeting for July, 27, 2010 where he was to let the man go. The man accused allegedly sent an e-mail to Little before the meeting took place, saying he quit.

Upon hiring a new accountant, major foibles were found and an official complaint was filed with Pinellas Park police. The alleged fraud started in August 2009. According to police, over the course of 11 months 152 checks were fraudulently drawn from three of Little’s holdings with a grand total of $583, 379.

Most of the money went into bank accounts allegedly controlled by the accused. Little said his name was forged on all those checks.

The accused was released from the Pinellas County Jail on Monday after posting $150,000 bail. He entered a plea of not guilty and was appointed a public defender.

There are three degrees of grand theft in the state of Florida. The degree of the crime and the penalties that go along with it increase based on the value of the property taken. In this case, the man accused was charged with grand theft of the first degree. This is committed when the value of the property taken is more than $100,000 or is shipping cargo worth more than $50,000. Grand theft of the first degree is a first degree felony punishable by a minimum sentence of 21 months in prison(assuming no aggravating circumstances or priors), a maximum sentence of 30 years in prison, 30 years probation or fines up to $10,000.

Florida operates off of the Criminal Punishment Code scoring system to establish the minimum permissible sentence for all felony crimes. Under the CPC, every felony offense is allocated an offense level between 1 and 10. These numbers carry a point value where the more severe the crime equals an elevated offense level. The point value for a person’s crimes is added together and if the number equals more than 44 points, the person faces mandatory prison time. A person is eligible for parole if the number is less than 44 points. Mandatory prison time through CPC is referred to as scoring prison. In Florida, grand theft of the first degree has a ranking of a level 7 offense under the CPC.

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Posted In: Pinellas County , Theft

April, 2011

Brooksville, Florida White Collar Crime Lawyer :: Bushnell Woman Strips In-Laws Bank Accounts to Feed Gambling Habits

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Hernando County Detectives arrested a 42-year-old Sumter County, Florida woman Tuesday for various theft-related charges which fueled an alleged gambling book of more than $14 million at a Tampa casino over two years. She has been accused of draining six of her in-law’s accounts taking at least $513,535, leaving the elderly couple with nothing.

According to the St. Petersburg Times, the family of the elderly Brooksville couple knew something was wrong when a check to the dentist on the couple’s account bounced. Family members knew that there should be plenty of money to cover the check.

The family spoke with the bank and learned that the couple’s assets — including savings and checking accounts, CDs, annuities, life insurance and retirement funds — had been exhausted. They immediately notified the police.

A five month investigation revealed that the Bushnell woman’s husband had power of attorney over his parent’s finances, but his wife controlled the accounts. The husband supposedly had no clue that his wife deleted his parents’ accounts, transferred funds and used the money to gamble.

Police reports show that the woman spent more than $14 million over two years at the Seminole Hard Rock Hotel & Casino in Tampa. Her winnings' were around $13 million, leaving her with a deficit of more than $700,000.

She faces charges of exploitation of the elderly, organized scheme to defraud, forgery of checks and uttering forged checks. She was taken to the Hernando County Detention Center with bail set at $64,000.

Forging checks qualifies as bank fraud, a very serious federal and state charge where federal prosecutors often seek maximum penalties. Federal agencies usually conduct extensive investigations to gather evidence against someone for bank fraud, just like this case where investigators spent five months uncovering alleged fraudulent behavior. Forging checks occurs when someone signs a check owner’s name on the bottom of the check and endorses it to be cashed. Forgery can be punished by both federal and state laws, and even the smallest sum of money forged can be classified as a felony.

A conviction for bank fraud can include penalties of 30 years in state prison and fines up to $1,000,000. Check forgery has a definite outcome of fines and restitution, meaning all the money that was stolen must be paid back. If the person cannot pay the full amount back, courts can order the defendant’s assets to be seized and given to the victim. The United States Criminal Code has 45 statutes pertaining to fraud and forgery that the category of banks fraud falls under. Along with federal laws, there are state laws that can be applied to a conviction. A multiple court conviction will likely increase penalties.

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Posted In: Fraud , Hernando County , Theft

March, 2011

Gainesville, FL Criminal Lawyer :: Alachua County Woman Recently Released from Prison Arrested for Robbery

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A Florida woman just released from state prison earlier this month was arrested by the Gainesville Police Department Sunday night for robbery by sudden snatching.

The Gainesville Sun reported the woman was charged with two counts of robbery by sudden snatching. The nearly identical crimes took place at motels on Southwest 13th St. where the male victims say they were speaking with the woman when she allegedly grabbed hundreds of dollars from their wallets and drove away in a black Chevy Impala.

The woman told police she took less than $100 from each man. As of Monday, she was being held at the Alachua County jail.

The robberies were reported on March 11 and 18. This was within two weeks from the woman’s release from prison on March 4, after serving 10 months for convictions of grand theft, credit card fraud and providing false information to a pawn broker.

Robbery by sudden snatching means taking money or some other property from a person with the intent to momentarily or everlastingly rob the victim or owner of the money or property and in the process the victim became aware of the theft. The woman is most likely facing a felony of the third degree since there was no reported weapon or firearm used to carry out the robbery.

Robbery is a crime of dishonesty and can be used in court for impeachment purposes. As a general rule, if you have a conviction for any crime of dishonesty a judge or jury is permitted to hear so even in the most remote of matters, if you plan on testifying. It has been the rule that this goes to your credibility of a witness. Critics often argue that it is a form of double jeopardy, but at least in Florida, it’s quite common.

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Posted In: Alachua County , Robbery , Theft

November, 2010

The Villages, Florida Criminal Attorney :: Chief Operating Officer of The Villages Charged with Felony Wildlife Violations

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Mark Morse, president and top executive of The Villages, a retirement community located in Central Florida, was charged with felony and misdemeanor hunting violations in Montana.

Morse as well as his wife, daughter and five other individuals have been accused of 18 wildlife violations during hunting trips spanning over the past four years on Morse property in Montana. A few of the charges include the illegal killing or possession of elk, deer and other wildlife.

Morse is charged with killing too many animals and killing them without proper licenses, according to the Orlando Sentinel.

For killing multiple animals and hunting out of season, which is considered stealing from the Montana government, Morse could face 21.5 years in prison and fines as much as $203,000 if convicted. Killing an animal without a license carries a punishment of six months in jail and a $1,000 fine. Wounding an animal without a license, if found guilty, carries a penalty of one year in jail and a $2,000 fine.

Morse and his family could lose their fishing and hunting rights for life in Montana and more than 20 other states because of a multi-state agreement that outlaws hunters who disobey game laws. Florida just happens to be one of the partners to that agreement.

Many Florida residents incorporate hunting and fishing into their lifestyles. The Florida Fish and Wildlife Commission meets each year to make adjustments to statutes and once these changes are put into effect many people are arrested for violating the new laws. By keeping up to date on these specific statutes, you can avoid jail time and hefty fines.

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Posted In: Fish and Wildlife Violations , Theft

December, 2008

Three Brooksville residents suspected in Walmart theft

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Hernando Today reports that three Brooksville residents have been charged with felony theft relating to a Walmart shoplifting incident.

Allegedly, the suspects reportedly walked out of the Wal-Mart on Cortez Boulevard with a television, then sold it to a person in the parking lot of a nearby liquor store. Deputies were called to intervene after an argument broke out between the seller and buyer. A deputy had a hunch that the TV was stolen property, but without a recent theft report from Wal-Mart, he could not prove it.

The next day, the same trio tried to walk out of the same Wal-Mart with a TV but was stopped at the door, a report states. The deputy returned to the Wal-Mart and reviewed the surveillance tape that showed the same perpetrators of the original theft.

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Posted In: Hernando County , Theft

July, 2008

Make a Wish: Bonita Man Charged with Theft for allegedly Stealing 42 cents from Mall Fountain

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Times are tough for a Bonita Springs man charged with the theft of 42 cents from a mall fountain on Monday. Tampabays10.com reports that Laslo Mujzer was approached by mall security at Coastland Center after a mall patron allegedly saw him stealing money from a fountain outside the mall. A sign posted near the fountain indicated that all coins thrown in the fountain are donated to Habitat for Humanity of Collier County.

After detaining Mujzer and finding change on him, Naples police arrested him for misdemeanor theft-- sometimes called petit theft-- which subjects Mujzer to up to 60 days in jail and a possible driver’s license suspension. If given the chance, Mujzer would probably like to make a wish on those coins he allegedly took from that fountain to make his legal troubles disappear. Unfortunately it is not that easy--he is currently being detained by authorities for an immigration hold.

If you or someone you know has been charged with a theft offense, contact Criminal Lawyer Whittel & Melton, LLC at 1-866-608-5LAW for information or a consultation.

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Posted In: Theft

Jason M. Melton

Criminal Defense Attorney

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