Florida Criminal Attorney Blog

Published on: February 12, 2014

St. Johns County Criminal Defense Attorney :: St. Augustine Man Sentenced to 15 Years after Canadian Border Agents Intercept Child Porn

by Whittel & Melton, LLC

According to the U.S. Attorney’s Office, a St. Augustine man was sentenced to 15 years in federal prison Monday for transporting images and videos of child pornography to Canada.

The U.S. Attorney’s Office claims the 67-year-old man used a fake name to send a package from St. Augustine to Ontario containing nearly 600 images and videos of children engaged in sexual acts.

The package was apparently captured by Canadian law enforcement. Authorities then searched the man’s home in September.

A St. Augustine man was sentenced to 15 years in federal prison Monday for transporting images and videos of child pornography to Canada.

The man admitted that he downloaded the child porn found in the package over several years, according to the U.S. Attorney’s Office. He was arrested, and he pleaded guilty in October.

Records indicate that the man is a registered sex offender. In 1992, he was convicted of three counts of lewd and lascivious conduct on a child in Hillsborough County.

State and federal law enforcement agencies do not mess around when it comes to investigating and prosecuting child pornography crimes. Whether you have been charged with possession, distribution or production of child pornography, make no mistake that law enforcement and prosecutors alike will seek maximum punishments. If convicted of a child pornography-related offense, the stakes are quite high. Consequences can include lengthy time behind bars, extensive sex offender registration requirements and criminal and civil forfeiture of personal property used in making child pornography, including any financial profits made from child pornography.

Published on: February 7, 2014

Clay County Criminal Defense Attorney :: Former Clay Schools Employee Charged with Racketeering

by Whittel & Melton, LLC

A former 53-year-old information technology specialist for the Clay County School District was arrested Tuesday after deputies allege he stole $19,000 worth of equipment from several schools and then sold the items online.

The Green Cove Springs man was arrested at his home Tuesday afternoon after detectives claim he stole computer and audio-visual equipment, including computer monitors, televisions, projectors and computer memory kits from several schools he worked for in the county, according to the Clay County Sheriff’s Office.

Officials claim the man later sold the items, worth about $19,000, on eBay over the course of several years. The man was employed with the school district for eight years before the district learned of his alleged activities.

A former Clay Schools employee was charged with Racketeering on Tuesday.

According to deputies, the man used the money he received from the sales to pay his bills and purchase items for his family.

He was charged with one felony count of racketeering. He remained in the Clay County jail Wednesday with bail set at $100,000.

Racketeering is also known as RICO – the Racketeer Influenced and Corrupt Organizations Act. Under Florida law, racketeering is classified as a first degree felony punishable by up to 30 years in prison. This is a complicated offense due to the many outlets the government can use to prove you are guilty of these charges. Any person accused of racketeering needs to act fast to protect their rights and safeguard their future. A Clay County Criminal Defense Attorney at Whittel & Melton can challenge any evidence brought by the government and mount a powerful defense against RICO charges.

Published on: February 5, 2014

Florida Criminal Defense Lawyer :: Former FDLE Crime Lab Analyst Charged with Evidence Tampering

by Whittel & Melton, LLC

A 32-year-old former Florida Department of Law Enforcement crime lab analyst was arrested Tuesday on charges of grand theft, 12 counts of tampering with or fabricating physical evidence and nine counts of trafficking illegal drugs.

Investigators allege the man replaced prescription pain pills with over-the-counter medications while processing drug cases.

The former Pensacola crime laboratory chemist is currently free on bond.

If you or someone you know or love has been charged with tampering with evidence in Hernando, Lake, Marion, Osceola, Pasco or Sumter counties, a Florida Criminal Defense Attorney at Whittel & Melton can make sure you know what to expect from your case.

The man was arrested at the Escambia County Jail around 6:30 p.m. His bail was set at $290,000.

FDLE agents claim that since 2006 the accused processed 2,600 cases that crossed 35 counties in Florida, including Hernando, Lake, Marion, Osceola, Pasco and Sumter. On Monday, 80 agencies were alerted of the alleged tampering.

St. Cloud police said that they are reviewing 16 cases from several years ago that could be linked to this case.

The investigation apparently began Thursday, Jan. 30 when Escambia investigators noticed that there were prescription pain pills missing from the evidence locker room.

The accused was relieved of duty Friday, Jan. 31 and issued his resignation Monday asking the agency to issue any money owed to him.

According to the FDLE, additional charges could be filed pending the results of this ongoing investigation.

These charges are undoubtedly serious. If convicted of tampering with evidence, this could remain on your criminal background for the rest of your life. Despite the circumstances surrounding your case, by being accused of this crime, you run the risk of being permanently labeled someone who destroyed or concealed evidence. Because of the severity of the charges, you must make sure and give tampering with evidence charges the attention they deserve.

Published on: February 4, 2014

Sarasota County Federal Criminal Defense Attorney :: Southwest Florida Man Pleads Guilty to Medicare Fraud

by Whittel & Melton, LLC

A Florida man plead guilty in early 2014 to attempting to defraud Medicare of more than $28 million after buying several rehabilitation clinics, including one in Venice.

The U.S. Department of Justice claims the man bought up the clinics so he could gain access to the clinics’ Medicare provider numbers.

A Florida man faces up to 15 years in prison for attempting to defraud Medicare of more than $28 million after buying several rehabilitation clinics.

The 53-year-old man, formerly of Southwest Florida, pleaded guilty to conspiracy to commit healthcare fraud and making a false statement relating to healthcare matters.

He faces up to 15 years in prison.

According to a Department of Justice statement, the man was the head of a Delaware holding company that he allegedly used to buy several comprehensive outpatient rehabilitation facilities and outpatient physical therapy providers throughout Florida in the mid-2000s.

Those offices included clinics in Venice, Fort Myers, Lake Wales and Port St. Lucie.

Once they owned the clinics, the man and other company executives apparently obtained identifying information of both Medicare beneficiaries and physicians, which they then used to create and submit false claims for therapy services that were not prescribed and not provided.

DOJ officials claim the man and his co-conspirators forged patient records in order to hide the services they billed Medicare for that had not actually been provided.

The man and his co-conspirators are accused of filing $28.35 million in fraudulent claims with Medicare from 2005 through 2009. Medicare paid approximately $14.4 million on those claims, according to reports.

Authorities allege that once the man received enough Medicare money out of clinics, he sold the storefronts to “straw owners,” who were all recent immigrants to the United States and had no experience working in the healthcare industry.

The DOJ unsealed a 30-count indictment against the man and one of his co-conspirators, a 57-year-old disbarred attorney, in April 2012.

The 53-year-old man has pleaded guilty to two of those charges – conspiracy to commit health care fraud and making a false statement relating to health care matters.

Healthcare fraud cases cost the government millions of dollars each year. The government often makes mistakes and accuses innocent medical professionals and clinic owners of committing federal crimes in order to try and recover their losses from fraudulent claims. Unfortunately, when you are accused of committing Medicare or any other type of healthcare fraud, your family, career and reputation are at risk.

Published on: January 30, 2014

Lee County Criminal Defense Attorney :: Police Bust Cape Coral Grow House

by Whittel & Melton, LLC

Cape Coral police took down a marijuana grow house in a NE Cape Coral neighborhood on Wednesday, allegedly seizing more than 57 pounds of raw marijuana and $13,000 in cash.

Police responded to the residence after LCEC personnel discovered that electrical power was being illegally diverted to the residence.

As officers stepped onto the premises, they claim they could smell the odor of raw marijuana coming from the front of the house.

A total of 57.3 pounds of cannabis was seized along with $13,000 in US currency from a Cape Coral grow house.

Detectives executed a search warrant and notified the resident inside the home.

Detectives allegedly uncovered a fully operational grow house inside the home.

A total of 57.3 pounds of cannabis was seized along with $13,000 in US currency, according to reports.

The investigation revealed that a woman rented the home for the explicit purpose of cultivating cannabis and was paid by a 3rd party to maintain the crop, according to police.

The woman was arrested on multiple charges and transported to the Lee County Jail.

Even though marijuana has been legalized in many states, the state of Florida still criminalizes the possession of this popular recreational drug. The state of Florida has some of the toughest marijuana laws in the country, and anyone convicted of a marijuana-related offense can face jail or prison time, extensive fines and other consequences such as a driver’s license suspension. Florida’s marijuana laws are harsh, which is why you cannot take these charges lightly. You need the help of a criminal defense lawyer to fight aggressively for a positive outcome.

Published on: January 28, 2014

Pinellas County Criminal Defense Lawyer :: Pinellas Child Predator Sting Nets 35 Arrests

by Whittel & Melton, LLC

A four-day child predator investigation in Pinellas County that involved local, state and federal investigators resulted in 35 arrests.

The sting, dubbed “Operation Home Alone,” targeted people seeking minors online for sexual relations.

The suspects, ranging between 19 and 65 years of age, are from Pinellas, Hillsborough, Pasco and Manatee counties. Police claim one suspect drove his bike to Clearwater from Kenneth City. Another is accused of driving from Miami, according to the Pinellas County Sheriff’s Office.

The investigation was organized by the Pinellas County Sheriff’s Office and the Clearwater Police Department and also involved the St. Petersburg Police Department, the Florida Department of Law Enforcement, the Department of Homeland Security and the Federal Bureau of Investigation.

The sting started at 2 p.m. Thursday and ended at 2 a.m. Monday. The undercover operation used 12 investigators posing as minors to chat online with suspects. Reports indicate that detectives worked from 2 a.m. to 2 p.m. for the entire four days at computers set up in a training room at Clearwater police headquarters.

Investigators posted ads and chatted with people on more than a dozen websites, including backpage.com and Craig’s List. According to police, once a suspect arranged to meet with a minor, officers out on patrol were notified to arrive at the meeting locations and arrest those that showed up. Officials said that four meeting places in north Pinellas County were used.

Call a Pinellas County Criminal Defense Attorney at Whittel & Melton today at 727-823-0000 to find out how we can help you.

Those arrested were brought to the Clearwater Police Department where they were interviewed and shown the transcripts of their online conversations before being transferred to the Pinellas County jail.

Those arrested will likely face charges related to traveling to meet a minor, sexual battery and procuring a person under the age of 18 for prostitution, according to police.

Ever since “To Catch A Predator” aired on NBC’s Dateline, local, state and federal law enforcement officers have stepped their game up in regards to catching those suspected of committing sex crimes via the Internet. By conducting undercover sex stings, police work around the clock for a certain time frame posing as minors or the parents or guardians of minors looking to arrange sexual encounters. Once arrests are made, the media often paints the worst picture possible regarding the suspects involved and fails to acknowledge whether those detained were the possible victims of police entrapment – when an officer’s behavior induces a person to commit a crime they otherwise would not have committed.

The entrapment defense requires thorough investigation and must be constructed carefully if used as a successful defense strategy. A Pinellas County Criminal Defense Lawyer at Whittel & Melton can review the events leading up to your arrest and determine if this is a viable defense option.

Published on: January 27, 2014

Bradford County Criminal Defense Attorney :: Ex-Bradford Officer Charged with Child Pornography

by Whittel & Melton, LLC

A Bradford County Sheriff’s Office jail corrections officer who was arrested two weeks ago on allegations he sexually battered a child was re-arrested last week on 12 new counts including child pornography charges.

According to a Bradford County Sheriff’s Office report, the new charges against the 59-year-old Starke man stem from an investigation related to the initial arrest for sexual battery.

Investigators from the Florida Department of Law Enforcement claim that a search of the man’s computers, a cellphone and other items recovered during the original search warrant on Jan. 10 revealed additional evidence.

For the sexual battery case, the Florida Department of Children and Families and the FDLE alleges the case involved a child under the age of 12. The Bradford County Sheriff’s Office claims there are some other possible victims who were interviewed.

Ex-Bradford Officer Charged with Child Pornography

The accused, who was hired in May 2007 and held the rank of corporal, resigned following interviews during the initial investigation. He was bonded out of jail earlier this week on a charge of capital sexual battery, but deputies and agents with FDLE took him into custody again at his home on Jan. 15.

He was arrested on charges of promoting or distributing sexual performance by a child and 11 counts of possession of child pornography.

The man was re-booked into the Bradford County Jail, then transferred to an undisclosed correctional facility for security purposes. His bail has been set at $1.2 million.

Federal and local law enforcement officials often work closely together to identify and track individuals suspected of possessing or distributing child pornography. Police usually act quickly when it comes to child pornography cases and will seize any hardware, such as computers, cellphones, ipads, tablets, etc. that could contain any illegal images.

Published on: January 15, 2014

Lee County Federal Criminal Defense Attorney :: Cape Coral Man Receives 6 Years in Prison for Bank and Investor Fraud

by Whittel & Melton, LLC

A 63-year-old man was sentenced to six years in federal prison last week for bank fraud, mail fraud, and wire fraud.

The man pleaded guilty to the above charges on March 14, 2013.

Court records indicate that the man was president and director of a realty company in southwest Florida. In June 1990, he apparently created a Trust Agreement for approximately 101 acres of unimproved land, in Cape Coral for which he was the trustee and also one of its beneficiaries, along with 52 named combined interest holders or beneficiaries. He mortgaged the trust property without the consent of the other beneficiaries by submitting fraudulently altered trust agreements to multiple banks that named him as the sole beneficiary.

The man also executed various loan documents, where he falsely claimed to be the sole beneficiary, giving him the authorization to mortgage the property. He received $2 million from Florida Community Bank in 2002 for the first mortgage loan. He then paid that loan off in 2006 with a mortgage loan exceeding $17 million from First National Bank of Pennsylvania. Court documents show that the man used most of the money from the second loan for personal use to fund other projects. He defaulted on the First National Bank of Pennsylvania mortgage loan, causing the bank to foreclose on the property in October 2009, leaving an unpaid principal balance of $17.03 million.

The beneficiaries of the 101 acres have yet to receive compensation for their initial payments as interest holders, yearly payments or for the increase in the value of the Trust property.

Bank fraud violations, along with other white collar crimes are harshly punished in the state of Florida and throughout the United States. Under federal statutes, a conviction for bank or mortgage fraud may carry up to $1 million in penalties and 30 years in federal prison. Attempting to commit bank fraud carries the same penalties as the actual crime itself.

Once a conviction is achieved in bank fraud cases, sentencing generally depends on the amount of money lost in the scheme. A Lee County Federal Criminal Defense Lawyer at Whittel & Melton can help those accused of bank fraud fight the severe ramifications of a bank fraud conviction.

Published on: January 14, 2014

Pasco County Criminal Defense Lawyer :: Retired Cop Shoots Man in Movie Theater for Texting

by Whittel & Melton, LLC

A 71-year-old retired Tampa police captain accused of shooting a man that was texting during a Mark Wahlberg war movie will be arraigned on a second-degree murder charge Tuesday in a Florida court.

The ex-Florida law enforcement officer is charged with gunning down the 43-year-old man and his wife with a .380-calber handgun, following a verbal and physical confrontation.

The man was pronounced dead at a hospital, and his wife was treated for a gunshot wound to her hand.

The man remains in Pasco County jail, and a judge will decide today whether or not to release the man on bail.

The retired cop was arrested at a movie theatre in Wesley Chapel, north of Tampa.
Police claim the retired officer shot at the man because he was texting in the movie theater before the movie started.

The former officer apparently asked the man to stop, but the man continued using his cell phone. He then left the theatre to complain to management before returning to his seat.

A verbal altercation apparently began between the two, which then turned physical, according to police reports. Then, the retired cop allegedly pulled out a gun and fired one shot at the man. The man’s wife was wounded in the hand as she grabbed her husband, according to police.

The suspect retired as captain from the Tampa Police Department in 1993, according to a spokeswoman for the department.

Murder or homicide is defined as the unlawful killing of another human being. Second-degree murder charges often arise after a death that occurred in the heat of the moment, meaning it was not intentional or premeditated. In order for the State to obtain a conviction for murder in the second degree, the prosecution must prove three elements beyond a reasonable doubt:

1. The victim is dead.

2. The death was caused by the dangerous criminal actions of the defendant.

3. The victim was unlawfully killed by a dangerous act that displays a blatant disregard for human life, even if the act was a mistake.

A second-degree murder charge is classified as a first-degree felony in the state of Florida. A conviction carries a mandatory minimum prison sentence, and a judge can also impose additional penalties including up to life in prison, up to life on probation and up to $10,000 in fines. These consequences are significantly increased if a firearm is used. Under Florida’s 10-20-Life law, any person that uses a firearm to commit second-degree murder will be sentenced to a mandatory minimum of 25 years behind bars.

Published on: January 13, 2014

Pinellas County Federal Criminal Defense Lawyer :: Largo Woman Receives Four Year Sentence for Tax and Student Loan Fraud

by Whittel & Melton, LLC

A 44-year-old Largo woman was sentenced to four years in federal prison on Thursday for defrauding student financial aid and filing false claims with the Internal Revenue Service. Additionally, the Court also ordered her to pay restitution to the IRS, in the amount of $110,971, and to the Federal Stafford Loan Program, in the amount of $22,350.

The woman pleaded guilty to the charges against her on October 10, 2013.
Court documents indicate that the woman had previously obtained several student loans with outstanding balances, then had the balances dismissed due to a disability. She apparently managed to procure additional student loans by submitting forged physician forms stating that her condition had improved, and agreeing to repay her past loan balances.

The woman then applied for further student loans to attend Walden University, which court documents show she did not attend. She received more than $27,000 in loans, from which a total of $22,350 was disbursed to her.

In connection with the IRS, the woman apparently established four fictitious Florida corporations and then filed corporate tax returns claiming more than $500,000 in refundable tax credits. She opened bank accounts in the names of the corporations, where the refunds were directly deposited.

According to reports, the woman used the refunded tax credits for personal expenses.
She admitted that these corporations were created just to file false corporate tax returns and were not legit businesses.

The Internal Revenue Service, Criminal Investigation and the U.S. Department of Education and the Office of Inspector General all investigated this case.

The Internal Revenue Service, or IRS, has seemingly unlimited resources at its disposal when it comes to investigating tax crimes. These investigations often start out as civil matters, but can quickly intensify to criminal matters based upon the evidence they obtain. Tax fraud can legally be defined as many different things, including reporting false income, not disclosing certain assets, reporting more deductions than you are actually owed and even changing personal expenses to be represented as business expenses.