Palm Beach County

Published on: December 17, 2013

Palm Beach County Criminal Defense Lawyer :: FAU Employee Accused of Filming Men Urinating in Campus Bathrooms

by Whittel & Melton, LLC

A 40-year-old Florida Atlantic University employee is accused of secretly filming other men with his iPhone while they urinated in campus bathrooms, then posting the videos to pornographic websites, according to Palm Beach County police.

The university library staff member allegedly filmed the exposed genitals of 13 males as they urinated.

The men on the films apparently did not know they were being videotaped.

One of the men in the films, a 26-year-old student, started the investigation by clueing police in to a video posted of him on an adult site that showed him using the bathroom.

The student went to FAU police on June 20. He told detectives that a 30-second video of him had been posted to Pornhub.com by somebody with the username JERKING_BUD.

Police apparently retrieved campus surveillance video and started following a digital trail, which lead to a search warrant being executed at the Lake Worth man’s home on Aug. 14, where police seized various items, including a laptop computer that allegedly stored “hundreds” of voyeuristic videos.

The man was immediately placed on administrative leave, and two days later, he resigned from his position as a coordinator of academic support services in the FAU libraries. He had been an FAU employee since 2002, according to a university spokeswoman.

Subpoenas were sent out to Pornhub.com, Yahoo! and AT&T as part of the investigation.

Pornhub.com apparently told police on June 28 that a video of the student urinating was posted on June 4 and garnered 3,106 views, according to reports. It was one of 17 videos posted to the same profile.

From the subpoenas, police claim they discovered that an email used on the FAU network was used to access the porn sites.

Police claim that during an interview the man confessed to using his iPhone to secretly record numerous people, including himself. The man allegedly recorded other men masturbating as well.

The man was charged with 13 counts of video voyeurism and four counts of video voyeurism dissemination.

State records indicate the man has no prior arrests. He was booked into the Palm Beach County Jail Tuesday afternoon, and was released later that night after his bail was set at $51,000.

The laws in Florida make it illegal to watch, film or photograph a person in a private area without their consent. A private area can be defined as a bathroom, gym locker room or any other area that someone has a reasonable expectation of privacy.

Published on: October 24, 2013

Orange County Criminal Defense Lawyer :: Ocoee Ex-Commissioner Accused of Selling Counterfeit Body Armor

by Whittel & Melton, LLC

On Monday, a former Ocoee city commissioner and local business owner, was arrested on fraud and counterfeiting charges for leading a scheme to sell fake bulletproof vests.

Two of the man’s employees were also arrested and charged with fraud and counterfeiting.

Florida Department of Law Enforcement officials claim counterfeit bulletproof vests have been sold online and at gun shows throughout the state by the man’s Ocoee-based business.

Fake body armor is usually pieced together with duct tape using old body armor pieces.

Agents allege the vests the man was selling could not stop a bullet. They claim the man placed fake brand-name labels on body armor manufactured at his Ocoee warehouse and sold the items online and at gun shows across the state.

According to agents, the company had its own special line of body armor that when tested, “every round went through it.”

Agents allege that the man has been selling these counterfeit vests for around two years.
FDLE’s investigation started in August after someone purchased one of the man’s vests at a gun show in West Palm Beach. While the label on the vest did bear the name of a reputable brand, the purchaser was suspicious and took the vest to the manufacturer to confirm the item’s authenticity, according to agents.

The company apparently confirmed the item was counterfeit and notified FDLE.

FDLE agents raided the former commissioner’s facility on South Cumberland Avenue in early September. Agents allegedly found counterfeit body armor affixed with phony labels from various companies. They claim employees were sewing old pieces of body armor together, sometimes using duct tape, in order to create products that looked brand new.

It is unclear at this time how many alleged counterfeit vests were sold, but agents estimated 10 to 15 a weekend could have been sold at gun shows. The items sold for $600 to $900 each.

The 57-year-old former commissioner and one of his employees were booked into the
Orange County Jail on Monday and released after posting bail. If convicted of fraud and counterfeiting, the pair could face up to 10 years in prison per count.

The man’s other employee that was arrested is currently being held in the Pinellas County Jail on unrelated federal gun charges out of Tampa. He is accused of selling unregistered weapons, including a machine gun. Reports indicate he was indicted in August and arrested last month.

Published on: October 10, 2013

Boca Raton lawyer receives 3-year sentence for obstruction, money laundering and witness tampering relating to Rothstein Ponzi scheme

by Whittel & Melton, LLC

Add another attorney to the collateral damage of Scott Rothstein’s $1.4 billion Ponzi scheme.

The Sun Sentinel is reporting that a Palm Beach County lawyer and former counsel to Kim Rothstein received a three-year prison sentence for plotting to help her conceal more than $1 million in jewelry she hid from federal authorities, as they seized her husband’s assets.
Charged conspiring to commit money laundering, obstruct justice and witness tampering, Rothstein’s attorney faced a maximum penalty of five years in prison.

After pleading guilty to these charges in January, the Boca Raton attorney was disbarred. His 36-month imprisonment will be followed by two years of supervised release. As part of his plea deal, the attorney agreed to forfeit $515,000 to federal authorities — including compensation he received for legal fees from Kim Rothstein, as well as four expensive pens and jeweled cuff links.

According to reports, the attorney’s lapse in judgment was a result of viewing Rothstein as a friend and not as a client. When pleading to the judge for a minimal sentence for her client, his attorney stated that “he saw this woman drowning and he tried to help her…she was losing everything in the world through no fault of her own. … He handled this horribly, and what he did was absolutely wrong.”

Published on: September 10, 2013

Palm Beach County Criminal Defense Attorney :: Suburban Lake Worth Dentist Accused of Performing Root Canals without a License

by Whittel & Melton, LLC

A suburban Lake Worth woman who was previously arrested for practicing dentistry without a license was arrested last week on similar allegations, according to authorities.

As of last week, she was being held at the Palm Beach County Jail with no bail.

The 34-year-old doctor was arrested in April on charges that she prescribed painkillers despite having a suspended license. According to Palm Beach County court records, she was scheduled to go to trial later this month.

The woman is the owner of Terrific Smiles, with offices in West Pam Beach and North Palm Beach.

The state Department of Health suspended the woman’s license in October, claiming that she posed a danger to the public with her previous behavior.

However, deputies recently learned that the woman was still practicing and according to patients, apparently performed substandard work.

According to a sheriff’s arrest report, a woman claims the former doctor performed several root canals on her in March and April. The woman told police she suffered pain and was not given antibiotic medications for the pain following the surgeries.

The woman said she consulted other dentists, who advised that the root canals were not properly performed and would need to be done again.

According to investigators, she paid the woman $8,000 for the work.
Investigators apparently spoke to another patient who said he received dental care from the woman during May and June. The man claims the woman requested a cash payment from him though he had dental insurance.

He allegedly paid $3,141 for a root canal procedure.

The man told investigators that after experiencing ongoing pain he was referred by another dentist to a specialist. According to the report, the specialty dentist concluded that the root canals were not performed properly and advised the man to request a refund.

The man alleges that the woman did not return his calls.

Detectives have reason to believe there are additional victims, but no other patients have come forward at this time.

Published on: August 15, 2013

Palm Beach Federal Drug Crimes Defendants may be subject to more lenient sentences by U.S. Attorney’s Office

by Whittel & Melton, LLC

Arguing that the federal criminal justice system is in “too many ways broken,” Attorney General Eric Holder spoke Monday to the American Bar Association about reforming the Government’s approach to the war on drugs. His focus is on shorter prison sentences for nonviolent criminals, more programs to treat those convicted of low-level drug-related crimes and reductions in the number of crimes that carry “mandatory minimum sentences.”

Minimum-mandatory sentences, commonly called, “min-mans” are statutorily imposed sentences for certain crimes, taking into consideration the type of crime and the criminal history of the accused. Min-mans were created by Congress as a way to level the playing field among criminals across the county–the goal was for a criminal in Florida to be treated the same way as say, a man charged with the identical crime and with the same criminal history as a man in Boise, Idaho. The hope was that a uniform sentencing system would deter crime, but statistics show quite the opposite.

Unfortunately, the sentencing structure had unforeseen consequences on the system as a whole.

One of the greatest criticisms of min-mans is that crack cocaine offenses were treated more harshly than cocaine-related charges, and the result was disparate treatment of Blacks in the system since they were more likely to use crack, and not its similar, but more expensive counterpart, powder cocaine. The Fair Sentencing Act has remedied some of these disparities, however, there is still an 18-to-1 disparity in sentences for crack and powder cocaine offenses. For example, a person only needs to be caught with 28 grams of crack before triggering a mandatory five-year minimum sentence. But the person with powder cocaine can have a much larger amount — at least 500 grams — to be subject to the mandatory sentence.

Min-mans also take sentencing discretion away from the judiciary. In certain circumstances, the min-man may not be the just sentence for a particular offender, but the minimums force Judges to either apply the min-man or be subject to reversal in appellate court.

Holder has directed DOJ attorneys and AUSAs to “modify the Justice Department’s charging policies” so that low-level, non-violent offenders “will no longer be charged with offenses that impose draconian mandatory minimum sentences.”

Published on: May 29, 2013

Palm Beach County Criminal Defense Attorney :: Former New Jersey Lawyer Sentenced to 24 Years in Prison for Multi-Million Dollar Kidnapping Scheme

by Whittel & Melton, LLC

A federal judge sentenced a 51-year-old Palm Beach Gardens resident and former New Jersey lawyer to more than 24 years in federal prison Tuesday for his involvement in a foiled kidnap plot of a wealthy Palm Beach County businessman for a $20 million ransom.

The man believed the elderly victim was engineering private high-stakes poker games which had personally cost him more than $100,000.

Prosecutors played secretly recorded tapes of the man, for the first time in public, threatening what he believed was the elderly victim’s wife with terrible violence if she didn’t meet his demands.

The man was unaware that the woman he was threatening was an undercover FBI agent posing as the victim’s wife.

While the man pleaded guilty to kidnapping conspiracy, prosecutors believe the case could have ended tragically if witnesses had not tipped off the FBI.

The Palm Beach Gardens man apparently planned the crime for 18 months with a 37-year-old Jupiter man, who pleaded guilty to his role and is serving a little more than 10 years in prison.

The FBI became involved with the kidnapping plan after the former lawyer confided in his girlfriend. She introduced him to her friend who allegedly had ties to Russian mobsters. After meeting with the man, the girlfriend and the friend reported the man to the FBI. Undercover agents were introduced to the former attorney, who had no clue he had been fooled until he was arrested.

The man was sentenced Tuesday on the eve of the anniversary of his May 29, 2012, arrest in the parking lot of a home improvement store in Palm Beach County where he thought he was showing up to receive a $12 million ransom. This amount was negotiated down from the initial demand of $20 million.

Published on: May 9, 2013

Florida Criminal Defense Attorney :: Boca Raton Company Accused of Medicare Fraud Targeting Senior Citizens

by Whittel & Melton, LLC

Med-Care Diabetic and Medical Supplies Inc., based in Boca Raton, FL has fallen under intense scrutiny after a recent investigation into medical equipment suppliers has indicated signs of Medicare fraud.

The federal government is concerned that loopholes in the law and a lapse in management has allowed the Boca Raton company, and others like it, to exploit Medicare, resulting in tax payers footing the bill.

Democratic Missouri U.S. Sen. Claire McCaskill, who has opened a congressional investigation into the company, claims that these medical supply companies are harassing the elderly and their doctors through phone calls and unsolicited faxes for everything from diabetic testing materials to power scooters, even though the patients do not need these items. This is apparently a problem that has cost Medicare – and taxpayers – $27 billion over the past four years.

From 2009 to 2012, Medicare apparently paid $43 billion for medical equipment supplies such as back braces, sleep apnea monitors and power scooters. However, according to research by staffers of a Senate subcommittee on financial oversight lead by McCaskill, more than 60 percent of those payments – $27 billion to be exact – may have been improper. According to reports, the federal government has only been able to recover around 3 percent of overpayments.

The Boca Raton company was asked by McCaskill to testify before her subcommittee on April 24, but reports indicate that no one showed up. At this time, the senator is considering compelling testimony by subpoena on the grounds that because the company makes a profit on taxpayer money they are obligated to provide that information to the government.

Published on: January 24, 2013

Florida Criminal Defense Lawyer :: Voice of Charlie Brown Arrested for Stalking

by Whittel & Melton, LLC

A 56-year-old former child actor and voice of Charlie Brown in several “Peanuts” specials on television in the 1960s entered a plea of not guilty Wednesday to 12 felony counts of stalking and making criminal threats.

Peter Robbins is charged with threatening a former girlfriend and a La Jolla plastic surgeon that performed a breast augmentation on her. Police claim Robbins was upset with the way his girlfriend looked after the surgery and wanted his money back.

Robbins is accused of hitting his former girlfriend’s dog after she refused to help him get his money back.

The plastic surgeon obtained a restraining order from the court three weeks ago to keep Robbins away from her and her family.

A San Diego judge set his bail at $550,000. A readiness hearing is scheduled for Feb. 22 and a preliminary hearing for March 22.

Robbins was the voice of Charlie Brown in “It’s the Great Pumpkin, Charlie Brown” and other TV specials. He was also featured in the television shows “F Troop,” “Get Smart” and “Rawhide.”

Stalking refers to any continuous unwelcome contact from another person, and can include telephone calls, text messages, emails, physically following someone and even making violent threats. Stalking is a form of harassment that can embody many different crimes, and depending upon the facts of the alleged crime, the accused could be facing misdemeanor or felony charges.

Sadly, stalking allegations are often grossly exaggerated or completely false. Anyone can accuse someone of stalking – friends, neighbors, roommates, business associates and even ex-lovers. Some people accuse others of stalking after an intense argument or bad break up in order to seek revenge against the other person. Others may do so because they are just paranoid. Regardless, after accusations are made, the courts usually issue a restraining order to keep the accused away from the victim.

Depending on the circumstances, a person accused of stalking could face severe consequences such as imprisonment, lifelong restraining orders and hefty fines. Moreover, people accused of stalking often face additional charges such as threatening acts of criminal violence, trespassing, burglary and assault.

Published on: December 13, 2012

South Florida Vehicular Manslaughter Defense Attorney :: Boca Woman Arrested and Charged with Crash that Killed Mother, Daughter

by Whittel & Melton, LLC

Boca Raton, FL – A 20-year-old Boca woman was arrested and charged with two counts of DUI manslaughter and two counts of vehicular homicide on Wednesday in connection with a March crash that left a mother and daughter dead.

On March 9, an 85-year-old woman and her 54-year-old daughter were killed in a two-vehicle accident just west of Boca Raton.

The 19-year-old driver apparently failed to stop at a red light and collided with a Toyota driven by an 84-year-old man.

The woman and her passenger suffered minor injuries. However, the passengers in the Toyota, including the victims’ husband and father were seriously hurt.

An arrest for a driving offense is a charge that should be taken seriously, but when an accident occurs and someone dies as a result, the matter become even more severe. Vehicular manslaughter charges are not taken lightly in the state of Florida, especially if alcohol is believed to have been a factor. Vehicular manslaughter is a second-degree felony in the state of Florida punishable by a maximum sentence of fifteen years in prison and a $10,000 fine. This offense can be escalated to a first-degree felony punishable by thirty years in prison if the driver left the scene of an accident.

While car accidents can result in devastating losses, not every fatality on the roadway should result in an arrest for vehicular manslaughter. Florida law enforcement officers will investigate the accident site for evidence that supports vehicular manslaughter charges. However, a Florida Vehicular Manslaughter Attorney at Whittel & Melton can perform an independent evaluation of the accident and work with accident reconstruction experts in order to establish viable defenses against the charges.

Published on: September 6, 2012

Police Arrest New Hampshire Woman 4 Times in 26 Hours for Blasting Loud Music

by Whittel & Melton, LLC

A New Hampshire woman was arrested four times in 26 hours last week for playing loud AC/DC and Guns N’ Roses music and allegedly throwing a frying pan at her nephew.

Police claim they first visited the woman’s home last Tuesday and warned her to turn down the music. An hour later police arrested her because the loud music was apparently still playing.

The 53-year-old woman was released on $500 personal recognizance bail, but was arrested a second time just five hours later because of additional reports of loud music.

She was released on $1,000 bail.

Four hours later she was arrested for a third time after another loud music complaint. She was released later on $10,000 bond.

Police claim the woman was blaring AC/DC’s “Highway to Hell” as well as music by the group Guns N’ Roses when they arrived at the woman’s home the first four times.
Police visited the woman’s home a final time for a report of a domestic disturbance.

The woman’s nephew apparently told police the woman threw a frying pan at his head when he attempted to remove some of his belongings from her home.

She was arrested a fourth time, and a judge ordered her to undergo a mental health evaluation. Upon completion of this, the judge said she will be released to home confinement with electronic monitoring.

The judge also suggested the woman should invest in headphones. She is due back in court on Oct. 15.

If a judge believes a person accused of committing a crime, or as this case shows, several crimes, may be unable or unfit to stand trial, he or she may order the defendant to undergo a mental competency evaluation. Mental health experts, such as psychologists, social workers and psychiatrists will evaluate the defendant through a variety of methods in order to answer any questions brought forth by the judge as well as prosecuting and defense lawyers. If the tests results are sufficient, the defendant will either be deemed able to stand trial or will receive proper mental health treatment.

Mental health evaluations are used to appropriately determine if a defendant is in fact capable of assisting in his or her defense and to ensure that court proceedings do not violate the defendant’s civil rights. Those accused of crimes are expected to make decisions about entering innocent or guilty pleas, waiving their right to legal counsel or waiving their constitutional rights. However, if the accused is mentally ill or disable and cannot make these important decisions, the court must be aware of these conditions so the defendant’s rights are not violated. If the findings of a mental health evaluation reveal that a defendant is incompetent, the accused can be admitted to an institution immediately to begin receiving proper treatment.