Miami Criminal Lawyers Blog

Corporate crime is often used interchangeably with the term white collar crime, although the two are not one and the same. Embezzlement may be a white collar crime but not a corporate crime. For example, a secretary at a small business might slowly siphon off funds from the business. Insider trading is an example of a crime that occurs most frequently in the corporate world.

When many people think of corporate crime, they think of Enron. Enron Corporation was a Texas-based energy business, which dabbled in communications, paper, internet services, and natural gas in addition to electricity. The company famously posted profits in excess of $100 billion in 2000. Later, it became publicly known that the company had engaged in massive fraud in its accounting practices and it became the largest company to ever file for bankruptcy in the United States. Directors of the company settled several civil suits with their own funds.

Enron executives engaged in insider trading practices, strategically selling off their own stock because they were aware of the fraudulent accounting and the losses the company was not posting. Meanwhile, they informed investors that the stock would continue to become more valuable. Insider trading occurs when those with "inside information" such as company directors or executives sell or buy stock based on secret information. The executives even created some fraudulent power outages in California, causing rolling blackouts and national concern about the California energy crisis, which the company claimed was based on too little available power. On certain occasions, the system had actually been manipulated.

Enron executives Kenneth Lay and Jeff Skilling were convicted on numerous criminal corporate fraud charges in 2006. Lay died prior to sentencing in the case, but Skilling was sentenced to 28 months in federal prison for his role in the Enron scandal.

If you have been arrested or charged with a white collar, corporate, or federal crime, contact the Miami criminal defense lawyers at Musca Law.

A former city planner in Miami Beach has been accused of corruption, along with probation and imprisonment, Johnson will also lose his urban planning license in Florida and have to pay thousands of dollars in courts costs and fees associated with the corruption investigation. Johnson acknowledged his guilt when accepting the plea in open court, telling Miami-Dade Circuit Judge Beatrice Butchko, "I did it." Johnson has relocated to Texas, but will begin serving his 15 month prison term immediately. Prosecutors acknowledged that Johnson has been cooperative with the investigation.

State officials have continued investigating the Miami Beach city departments. One Miami Beach developer has told investigators that numerous additional city workers were involved in a scheme to accept bribes. The developer, Michael Stern, participated in the investigation as an informer, even wearing a camera, unbeknownst to the officials with whom he dealt.

The other city officials who face white collar crime charges at this point are Andres Villarreal, who was in charge of Miami Beach building code compliance, and Mohammed Partovi, the former chief structural plans examiner. Both have entered not guilty please to their criminal charges of racketeering and unlawful compensation, more commonly known as accepting bribes.

White collar crimes are those generally associated with people in relatively high-ranking positions and frequently includes taking money in an unlawful manner. It is also associated with corporate crime schemes. White collar crimes include bribery, embezzlement, certain types of fraud, and insider trading.

If you have been charged with embezzlement or any white collar crime in the state of Florida, contact the Miami criminal defense attorneys at Musca Law to begin establishing your defense.

The original article is available here.

Palm Beach Sherriff Deputies patrolling off of Peanut Island pulled up to a 22 foot open vessel and confronted the young woman holding a beer can. When the police asked her how old she was, she responded 18 years old. The college student, vacationing from Virginia, was interviewed by the police and issued a citation for violation of Florida Statute 562.11, Under Age Possession of Alcohol.

Florida law prohibits the sale of alcohol to persons under the age of 21. Possession of alcoholic beverages by a person under age 21 is also illegal. First offense for underage possession of alcohol is a crime punishable by up to 60 days in jail and a fine of $500.00.
College students and other young adults facing criminal charges have a lot at stake. Criminal conviction can result in serious consequences and may jeopardize school loans, scholarships, college admission, employment and other future opportunities. It is important to take proper action and contact an experienced criminal defense attorney in these matters.

The Virginia student recognized the need to retain local attorneys and turned to our Miami criminal defense team at Musca Law. Our attorneys have extensive experience dealing with tourist criminal defense. Our local attorneys can help so the defendant may not have to come back in town for court appearances. We use diligent efforts to get tourist criminal charges reduced, or dropped, so there is no record of criminal conviction that can damage a promising future.

On behalf of our client we negotiated with the State Attorney assigned to her case. Our client completed a diversion program and our Miami attorneys successfully convinced the State to file a Nolle Prosse, meaning the charges were dropped. This demonstrates how the right criminal defense can minimize consequences. 

Last May, Nadim Yaquibe, who was 19, traveled to South Beach and stayed at the Ocean Breeze Hotel. The teen was alone and, apparently believing both that "Washington Avenue had a lot of crime" and "Miami people were rude," brought along a sharp knife in a paper sleeve. Yaquibe had previously worked for Cutco, a knife company.

What happened while Yaquibe was in South Beach remains a mystery. He drew the attention of law enforcement officials when he was searched by bouncers at the nightclub Mansion, who thought his behavior was strange. The bouncers found a seven-inch Cutco knife with blood on it. In explanation, Yaquibe told them that he "took care of some mugger" the previous night.

In reality, the story is more complicated. Yaquibe has been charged with the first-degree murder. Yaquibe says that after a visit to the beach and lunch on his first day in Miami, he was approached by men who possibly sought to scam him out of money. They offered him drugs and the ID of someone older. Underaged but in the area to party, Yaquibe agreed to purchase the ID for $60, but declined the drugs. After visiting an ATM to secure the cash, the transaction was complete - at least until Yaquibe says he was approached moments later by the man to whom the ID belonged, Robert Camacho, a 50-year-old homeless man. Yaquibe refused to return the ID and after a brief altercation, Camacho began following Yaquibe, according to Yaquibe's criminal defense attorney. Eventually, Yaquibe pulled out the knife and stabbed the homeless man when he swung his gym bag at Yaquibe. The defendant says he believed Camacho to be armed, because it would not have made sense for him to continue the altercation once he became aware of Yaquibe's knife. Camacho died from his wounds at a local hospital and there were no real witnesses to the event. Yaquibe did not contact authorities.

The Miami criminal lawyers at Musca Law note that the 2005 change to Florida law eliminates the requirement of retreat. If Yaquibe was attacked, he could rightfully meet force with force, and would have had no duty to run from the homeless man. The prosecution has argued, however, the Yaquibe could have put an end to the situation just by returning Camacho's expired driver's license and that his behavior amounts to murder.

A conviction for a sex offense in the state of Florida has dire, lifelong consequences. In addition to the immediate issues, such as time in prison, there are lasting problems to consider. The state of Florida has stringent sex offender and sexual predator registration requirements. Through the Sex Offender Registry, anyone can search and find registered sex offenders and sexual predators in their neighborhoods or in the state more generally. The sex offenders' home addresses, photos, and other identifying information are readily available online.

One major criticism of the registry is that it tends to inspire fear: families are concerned, for instance, that their children are at risk of harm because there is a registered sex offender residing a few blocks away from their home. Proponents of the system maintain that this is a positive effect, as the rate of re-offending is high for these types of crimes, especially those involving children. Critics also see the system as problematic for offenders who would like to get on with their lives after serving their time and intend to conform wholly to societal expectations. In the same vein, they believe the registry can unfairly taint people who have already paid for their past mistakes.

Another criticism is that the sex offender registry does not always apply to the types of convicted criminals that the general public would view as on ongoing threat. For example, while many people would be comfortable with posting the pictures and home addresses of child molesters online, the issue becomes far more blurred when considering the issue of statutory rape. If an 18-year-old young man is convicted of statutory rape for engaging in sexual behavior with his 15-year-old girlfriend, it does not mean that he is necessarily the type of person who is a threat to the surrounding community later in life.

Florida crimes that require sex offender registry include:

Sexual Battery
Child Sex Offenses
Certain Lewd & Lascivious Offenses
Child Pornography
Certain Instances of Kidnapping or False Imprisonment
Other Qualifying Offenses

If you are facing charges for a sex crime in Florida, contact the Miami criminal defense attorneys at Musca Law.

A discussion of the sex offender registry in another state:

When Glades County Sheriff Officers were dispatched to a domestic violence call, the female resident made fierce allegations against her ex-boyfriend. She claimed he had come to her house to pick up their 1 year old son and they got into an argument. The dispute caused his temper to flair and she said he hit her in the face, leaving her lip swollen and cut. After striking her he took their son and left. The police searched the area and could not find him. Two days later they received a call from the woman letting them know the suspect would be returning to her home with their son. The police returned to her apartment, arrested her ex-boyfriend and transported him to Glades County Jail. He was charged with Battery Causing Bodily Harm and a No Contact Order-except child visitation, was issued.

The accused, a Mexican citizen with poor English comprehension, told the police he could not understand them. The 29 year old construction worker had no prior history of domestic violence. He had known the woman for six years and they owned a home together. When their relationship fell apart, she moved out and was currently living with another man. They agreed that he would remain living in the home and he had visitation rights with their child.

Domestic disturbance calls frequently result in the police removing and arresting the husband, ex-husband or boyfriend. Especially in cases where the couple does not live at the same residence, police make an arrest on domestic charges in order to diffuse a situation and prevent further problems. Even in acts of self defense, police are more likely to see a man as the aggressor.  A conviction of domestic battery can create problems in getting and maintaining a job. It is important to retain experienced lawyers to fight allegations of domestic violence.

The attorneys at Musca Law act immediately to investigate what happened during domestic dispute arrests, in order to formulate an aggressive defense to unwarranted charges. As a former prosecutor, Attorney John Musca understands how these cases are processed, and leads his team of experienced Miami criminal attorneys with insight on what needs to be done to have the charges reduced, or dismissed by the prosecutor. Attorney Musca speaks fluent Spanish and has attended international language and legal studies overseas at the world-renowned "Instituto Internacional" in Madrid, Spain. Clients with language barriers feel comfortable retaining John Musca as their lawyer.

The defendant claimed he was attacked by his ex-girlfriend and she scratched his face. He said she called him constantly leaving threatening messages. On one occasion she violently attacked him and tore his shirt. After the arrest she left messages on his answering machine flaunting that she had him arrested intentionally. On the tapes she admitted that she scratched him on the face before he hit her. During depositions it was evident that she had changed her story to the police. In situations of "he said, she said", having documentation of what happened helps establish actions of self-defense, or that the allegations are false. It benefited our client that he did not erase the threatening phone messages his ex-girlfriend had made. In light of the supportive evidence presented in the defense of our client, the Court dismissed the case for insufficient evidence.

 

The Miami criminal defense lawyers at Musca Law have followed the winding, tragic case of Anna Nicole Smith over the past few years. Smith, who was born Vickie Lynn Marshall, died two years ago from a drug overdose at the Seminole Hard Rock Hotel and Casino here in south Florida. The case attracted national media attention, as well as significant negative coverage for her partner, Howard K. Stern, an attorney not to be confused with famed comedian Howard Stern.

Howard K. Stern is in the spotlight again, says Miami criminal attorney John Musca. Stern has been charged with conspiring to provide Smith with controlled substances in California. Prosecutors have also charged two physicians for providing Smith with drugs, as well. Stern was taken into custody, but he is now out on a $20,000 bond for his drug charge. The doctors charged in the case, Sandeep Kapoor and Khristine Eroshevich, allegedly knowingly wrote prescriptions for Smith using fake names. If they are convicted, Miami criminal attorneys say both could lose their licenses to practice medicine. Additionally, Stern and the doctors face the possibility of years in prison if convicted. Nonetheless, they maintain that Smith's best interest was always the foremost consideration. ''Dr. Eroshevich did her best to help the patient while protecting what little privacy Anna had left. Any actions were done with the patient's well-being in mind and were certainly not criminal," says Eroshevich's criminal defense lawyer in California.

Anna Nicole Smith was only 39 years old at the time of her death. She had two children, one of whom predeceased her by a matter of months. Daniel Smith was 20 when he died in the hospital where his mother had given birth to a little girl, apparently from a deadly combination of drugs including the opiate methadone. The baby, Dannielynn Birkhead, was born just three days before her brother's death. Dannielynn was later the subject of a well-publicized and bitter paternity dispute between several men. Ultimately, Larry Birkhead established paternity and Dannielynn now lives with him.

The original article can be found here.

According to Miami criminal defense attorney John Musca, the rise of teenagers facing criminal child pornography charges over images sent via text message, email, or instant message has been notable. The scenario usually involves a girl taking explicit photographs of herself and showing them to her boyfriend, whom she trusts. Later, the boyfriend sends the images to his friends - or if they have broken up, he might send them to many more people. For example, Phillip Alpert of Orlando got caught up in a child pornography nightmare after his former girlfriend, then 16, mocked him after their breakup. Boiling with rage, the 18-year-old sought revenge. He emailed photos of the girl to their friends, as well as her teachers, parents, and grandparents. Miami criminal lawyer John Musca notes that all evidence indicates that these types of situations are becoming increasingly common.

For Alpert, the decision to email the photos was one which will haunt him for decades to come. He was faced a felony child pornography charge for transmitting the images. Now 19, he is a registered sex offender, and must attend classes with people who have molested children. Neighbors have inquired what his sex offense was, leery about protecting their own children. Any registered sex offender's information, including his height, weight, picture, and home address, are available for public viewing at the Florida Department of Law Enforcement Sexual Offenders and Predators website.

In Florida, prosecutors frequently certify teenagers as adults in more severe cases. At 18, Alpert had aged out of the juvenile justice system, but he could very well have faced adult felony charges even if he had been only 16 or 17 at the time of the sex offense. Miami criminal defense lawyer John Musca advises parents to educate their children about how quickly private information can become personal - and to use good judgment. In some cases, the girls are charged for taking pictures of themselves.



The original report is available here.

A black Toyota sporting an out of state license, a broken windshield and a missing front bumper was enough to create suspicion in Miami-Dade police officers of criminal activity. The official police report stated the automobile matched the description of a vehicle used in an armed robbery the night before.

The traffic stop resulted in the arrest of 3 individuals, one of them being a 29 year old, disabled individual, who was on vacation in Florida. Charges against the Indiana resident included: Grand Theft in the 3rd Degree, possession of stolen property and possession of a controlled substance in violation of Fla. Statutes Section 893.13(6)(a). 

The out of state resident, whose health was not well, turned to the legal defense team at Musca Law. Our firm was able to get quick results and the felony charge of Grand Theft in the 3rd Degree was dismissed. In the State of Florida, Grand Theft in the 3rd Degree carries a maximum penalty of 5 years in prison. The out of state resident still faced serious drug related charges but was relieved to have local criminal defense attorneys fighting on his behalf.

The defendant returned to his home state of Indiana but because of debilitating health problems was unable to return to Dade County to attend Plea hearings. The Court issued a bench warrant which would allow law enforcement officials of any jurisdiction to take the defendant into custody. The Court also estreated, or forfeited, the defendant's bond for failure to appear at the Plea hearing.

Once again, our criminal defense attorneys moved quickly motioning the Court to set aside the bench warrant and reinstate the defendant's original bond. The Court found good cause had been shown in the Motion. The Court agreed with the legal defense presented by our attorneys, that the defendant's failure to appear was unintentional and he had extenuating circumstances because of his health problems. In addition, the fact he had maintained representation with a local attorney appearing on his behalf at the Plea, was enough for the Court. The Court determined the defendant's absence did not cause any disruption or delay to the disposition of this cause. The bench warrant was dismissed and the original bond was reinstated. The bond agency had no objection to reinstating the original bond while the Court proceedings on the drug related charge continued.

Our experienced Miami lawyers had further success in representing the defendant on the drug related charge. Our attorneys successfully negotiated a "withhold of adjudication" from the Prosecutor pursuant to Section 948.01, Fla. Statutes. In other words, there was no conviction, no finding of guilt on the possession of controlled substance charges.

Being arrested is a stressful experience, let alone being arrested while on vacation. The increase in the number of tourists arrested on vacation in Florida gave rise to the slogan, "Come on Vacation - Leave on Probation".  The best way to combat charges in a tourist arrest is to retain an attorney who knows the local courts and what can be done to maintain an effective defense strategy. 

If you or a loved one becomes involved in a tourist arrest while vacationing in Florida, contact the rock solid criminal defense team at Musca Law to ensure a successful defense strategy is presented on your behalf.

 

Miami criminal lawyers see all kinds of cases in their day to day practice.  However, the criminal defense attorneys at Musca Law firmly believe that judges must always remain impartial and conduct themselves with the decorum required of the bench.  This is particularly true for juvenile court judges, who have a unique opportunity to help troubled teenagers set their lives back on track.  Unfortunately, a local juvenile court judge has been making waves with Miami criminal defense attorneys after an inappropriate comment.

Miami-Dade Circuit Judge Spencer Eig became frustrated with a teenage girl after she refused to return to the residence of her caretaker.  The 15-year-old was a runaway and had claimed her caretaker was abusive.  Despite the sensitive nature of the issue, Judge Eig railed at the girl for her refusal to go home.  "'You're throwing your life away.  You could end up on the street toothless...Toothless, dead crack whore -- dead at age 19? Is that the destiny you're looking for?'' he inquired.  Later, he said that the girl needed to toughen up and accept the place she was living, because eventually her dislike of foster care arrangements would get her to the point where "[n]o one's going to love you."

Two Miami attorneys who witnessed the incident complained about the judge's conduct.  As a result, the chief juvenile court judge had the girl returned to his courtroom the next day, where she apologized for the remarks of her colleague.  Despite the apology, a number of Miami criminal defense lawyers and child advocates in the area remain unhappy with Judge Eig.  The regional head of the Department of Children and Families hopes to meet with Judge Eig soon to discuss ways to talk to teenagers in the juvenile justice system. The Miami Herald report can be found here. Miami Judge Comment