Palm Beach County

Published on: April 17, 2012

South Florida Extortion Defense Lawyers Whittel & Melton :: Former TSA Officer Admits to Accepting Cash Bribe from Drug Trafficker

by Whittel & Melton, LLC

A 46-year-old former Transportation Security Administration officer pleaded guilty Monday to federal charges of extortion and receipt of a bribe.

According to the U.S. attorney’s office, the Palm Beach Gardens resident admitted to accepting cash in exchange for allowing illegal prescription painkillers to pass through airport security without detection.

Authorities claim the man accepted cash from a trafficker to guarantee that he would not be detained by TSA as he made his way through airport security carrying oxycodone pills while en route to Connecticut. He was one of 20 people arrested last year following an investigation by a Drug Enforcement Administration task force.

The man allegedly accepted $500 from the trafficker last year on four separate occasions while employed as a TSA officer at Palm Beach International Airport in West Palm Beach, Florida.
The trafficker was apparently working with authorities.

The man is scheduled to be sentenced on July 5.

The man faces up to 20 years in prison for the extortion count and another possible 15 years on the bribe count.

Extortion is classified as a white collar crime, often penalized with automatic incarceration. A person charged with extortion is accused of acquiring money, goods, services or a desired outcome from another through the use of threats or violence. There are several offenses that are categorized under the crime of extortion, including:

• Bribery
• Ransom
• Blackmail
If a public servant receives money that is not owed to them legally, this is considered extortion. Extortion is a federal crime, and therefore taken quite seriously. A conviction for extortion can result in a number of criminal penalties, including prison time, fines, probation, parole and possibly restitution to the victim. Penalties can vary depending on the severity of the crime and the defendant’s criminal record. It is important to be aware that even the attempt to commit extortion can result in criminal charges carrying potential jail time.

As former prosecutors, the Florida Extortion Defense Lawyers at Whittel & Melton have the background needed to aggressively defend extortion charges in both state and federal court. Defending these charges often requires gathering physical evidence to establish the defendant’s true character as well as expert and witness testimony. To be able to deliver a strong defense, early preparation and a thorough investigation into the facts of the case needs to be conducted as soon as possible. Early intervention is critical when facing extortion charges.

Published on: April 2, 2012

Florida Illegal Prescription Drug Attorneys Whittel & Melton :: Former San Diego Chargers Quarterback Ryan Leaf Accused of Breaking into Montana Home to Steal Drugs

by Whittel & Melton, LLC

Ex-NFL quarterback Ryan Leaf was arrested Friday in his hometown of Great Falls, Montana following a month-long investigation regarding accusations he broke into an acquaintances home to steal pain medications.

He was been charged with burglary, possession of a dangerous drug and theft. He is currently free on $76,000 bail and is scheduled to make his first court appearance Monday.

In 2008, Leaf was accused of burglarizing a player’s home while he was a quarterbacks coach for Division II West Texas A&M. The investigation alleged he obtained nearly 1,000 pain pills from area pharmacies in an eight-month span. A plea agreement was reached leaving Leaf with 10 years’ probation.

According to reports, the prosecutor for that case plans to file a motion Monday to revoke Leaf’s probation following his Montana arrest.

The investigation apparently began when postal workers in Great Falls brought it to the police’s attention that Leaf was allegedly receiving c.o.d. packages once or twice a week worth $500 or more.

Police claim the packages were small, rattled and were sent from a Florida address apparently identified as a mailbox company. Police decided the activity was suspicious and decided to watch the man. Authorities apparently made the decision to confront the man after packages allegedly started arriving more frequently.

Leaf’s probation officer was told by police to call the man in. A search of Leaf and his truck allegedly revealed two prescription bottles in a pocket of a golf bag embroidered with the man’s initials.

Officers claim one unlabeled bottle contained 28 pills of oxycodone, which Leaf does not have a valid prescription for. Another bottle was allegedly found empty but its label indicated it was oxycodone prescribed for another person.

Police apparently interviewed the man and owner of the home Leaf is accused of breaking into, his live-in girlfriend and his housekeeper, and gathered that Leaf entered the house without permission on Thursday afternoon and took the man’s prescription drugs.

Leaf is accused of entering the man’s home Thursday, surprising the housekeeper and stealing the man’s prescribed medication.

The man allegedly discovered his pills to be missing Thursday evening and called Leaf to confront him, asking him to return the pills. The man claims Leaf did not return the pills.

A search of Leaf’s home did not yield any more painkillers or any evidence that he was receiving illegal prescriptions via mail.

Leaf allegedly told police that he had been receiving medication through the mail for which he has a prescription, but he did not provide proof.

Leaf had surgery last year to remove a benign tumor from his brain stem and later underwent additional radiation treatments.

Leaf could be looking at a prison sentence of longer than the 10-year probation term, should the Texas judge revoke his probation. Due to the plea deals agreed upon regarding Leaf’s drug charges in Texas — seven counts of obtaining a controlled substance by fraud and one count of delivery of a simulated controlled substance — the judge could treat each count separately.

Some of these charges carry prison sentences up to 20 years.

If convicted of illegally possessing prescription drugs, you face a slew of consequences including expensive fines, prison time and a permanent criminal record. Unfortunately, prescription drugs are highly addictive and many people find themselves struggling with an addiction to pain killers following an injury or surgery. Once their prescription runs out, they may experience symptoms of withdrawal and resort to any means possible to feed their habit – even through illegal means.

The Florida Illegal Prescription Drug Attorneys at Whittel & Melton defend people facing prescription drug charges. In fact, we work together with medical experts and drug counselors in order to convey the addictive qualities found in prescription pills, in addition to their physiological and psychological impacts. Every case is unique and the court may take into consideration the distinct set of circumstances surrounding your case. Our attorneys will make certain the court fully understands your situation as well as the medical and psychological reasons that justify any possible abuse of prescription drugs.

Despite whether you are under investigation or have already been arrested, it is necessary to take the first step towards protecting your rights by contacting the Florida Drug Crimes Attorneys at Whittel & Melton. As with all drug cases, there are various factors that must be discussed. Prosecutors are interested in getting you to talk or admit your guilt to avoid going to trial. Many times these plea deals promise less severe consequences than if you are convicted at trial. However, plea bargains are not always in your best interest. As trial attorneys, we can evaluate your case and any evidence against you to determine the best plan of attack.

Published on: March 8, 2012

South Florida White Collar Crime Lawyers Whittel & Melton :: 22 Accused of Stealing Money in Palm Beach Public-Fraud Sting

by Whittel & Melton, LLC

Authorities in Palm Beach County filed charges against 22 individuals Wednesday, alleging they stole nearly $1 million.

“Operation Leap Fraud,” apparently one of the biggest public assistance fraud roundups ever in Palm Beach County netted suspects from across Palm Beach County Jupiter to Delray Beach, and from Pahokee to West Palm Beach on charges ranging from mortgage and insurance fraud to public assistance fraud.

According to the Palm Beach County State Attorney’s Office, only 15 of those charged have been arrested at this time; seven others remained at large Wednesday evening.

Authorities claim the 22 individuals racked up $967,647.37 in fraud.

Authorities did not mention how long the operation took place, but the investigation, which included the U.S. Department of Housing and Urban Development and U.S. Department of Agriculture, apparently targeted people suspected of defrauding housing and other agencies.

At a press conference Wednesday afternoon, the State Attorney’s Office and the Sheriff’s Office said more arrests will follow and there will be no tolerance for even minor cases.

One of the men arrested in the sting, allegedly only defrauded $817.14. Authorities claim the man bilked an elderly woman out of her government-issued Electronic Benefit Transfer card, leaving her without the means to buy food.

It will definitely be interesting to see how the State Attorney’s Office will prosecute these cases. The government and insurance companies do not look fondly on those that attempt to defraud various benefits meant to assist qualifying individuals with their day-to-day needs. There are many ways to defraud the government, and the Florida White Collar Crime Lawyers at Whittel & Melton can assist those facing various fraud charges, including:

• Health Insurance Fraud
• Petty Theft & Grand Theft

• Organized Fraud
• Identity Theft
• Insurance Fraud

• Welfare Fraud
• Medicare/Medicaid Fraud

• Public Assistance Fraud
Florida public assistance fraud can be charged as a misdemeanor or felony depending on the amounts wrongfully obtained. The fraud charge can be classified as a felony if the amount of the assistance illegally gained is worth more than $200 over a 12-month period. Misdemeanor charges can be filed if the value of the assistance is less than $200. If convicted of public assistance or insurance fraud you will be required to pay back the amount of wrongfully obtained benefits and may be perpetually prohibited from receiving future benefits. You may also face jail or prison time, community service or a variety of other criminal punishments.

If you have been arrested for any public assistance fraud in Florida, it is crucial to your defense to consult with the Florida White Collar Crime Lawyers at Whittel & Melton as soon as possible. We will do everything in our power to protect your Constitutional rights. At Whittel & Melton, we can provide you with the aggressive legal representation you need for every stage of your criminal case up to and including trial.

Published on: January 27, 2012

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

by Whittel & Melton, LLC

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.

Published on: December 22, 2011

Florida Domestic Violence Defense Attorneys Whittel & Melton :: Floyd Mayweather Jr. Ordered to Start Serving 90 Day Jail Term at the Start of the New Year

by Whittel & Melton, LLC

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.

Published on: July 11, 2010

Florida Criminal Lawyer Update :: U.S. Supreme Court Erodes Miranda and Right to Remain Silent

by Whittel & Melton, LLC

Miranda has lost a little strength in Florida criminal cases after a surprising 5-4 decision by the U.S. Supreme Court this summer where the majority found that when the prosecution can “show that a Miranda warning was given and that it was understood by the accused, the accused’s uncoerced statement establishes an implied waiver of the right to remain silent.” The case, Berghuis v. Thompkins, will undoubtedly be a hot topic before the U.S. Congress in the coming weeks since Elena Kagan, current Obama administration nominee for U.S. Supreme Court and U.S. Solicitor General, successfully argued this case on behalf of the State of Michigan.

The Florida Criminal Defense Attorneys at Whittel & Melton deal with Miranda and the right to remain silent in all our criminal cases. Whether it be an arrest for Murder in New Port Richey, Grand Theft in Ocala or DUI in Brooksville, Miranda, (i.e, the right to remain silent and the right not to be forced to assist the government in their prosecution of you) is as vital a constitutional right as any other right. This latest decision is in many ways very difficult to understand as it has essentially determined that in order to firmly declare your right to remain silent, you must abandon your silence and affirmatively tell police that wish not to speak to them.

Certainly, those clients who have had the opportunity to speak to counsel beforehand will have no problem with this, but most clients do not have the foresight to discuss potential arrest encounters with criminal defense attorneys beforehand. They are often scared, not thinking clearly and will say or do anything to escape the inescapable…their arrest.

The majority opinion was written by Justice Anthony Kennedy and joined by the other four “conservative” Justices Roberts, Scalia, Thomas and Alito. The dissent was penned by newly appointed Justice Sonia Sotomayor and joined by Justices Ginsburg, Stevens and Breyer.

After all we read about what it means to be a conservative, i.e. less government and more self-determination, this opinion appears to take those ideals and set them on their head.

Published on: October 16, 2008

Hundreds of DUIs may be dismissed as a result of DUI Tester not following protocol

by Whittel & Melton, LLC

DUI arrests in South Florida are under suspicion as a result of allegations that an Inspector at the Florida Department of Law Enforcement (FDLE), the government agency that oversees the maintenance of Breathalyzer machines, failed to follow protocol when testing faulty machines.
Defense attorneys say it is a scandal that raises questions about thousands of DUI cases in Monroe, Broward and Miami Dade counties, and they are right. According to CBS 4 in Miami, the Breath Test operator, Suzanne Veiga, encouraged police agencies to abort tests on Intoxilyzer 8000 machines that were giving questionable results, would unplug the machine if the inspection was failing, and then plug the machine back in to prevent the machines from reporting the malfunctions to Tallahassee.
The Intoxilyzer 8000 is the only breath test machine approved for use in Florida and there are more than 300 in use statewide.

The whole purpose of the breath testing protocol is to insure that the Intoxilyzers are working correctly and rendering accurate Breath Alcohol Content (BAC) levels. By keeping malfunctioning machines in police stations, this FDLE inspector has jeopardized the prosecution of thousands of DUI defendants, not to mention potentially causing the arrest of innocent people for drunk driving. My guess is that many of these DUI cases will be broken down to Reckless Driving charges or dismissed outright- it will be too hard for State Attorneys to overcome the presumption that the “faulty” Instruments involved in those arrests rendered invalid results, since they were never properly tested by Veiga.