Miami Criminal Lawyers Blog

The President of a Miami based company has pled guilty to monetary transactions connected to a plan to bribe former Haitian telecommunications officials.  Jean Fourcand admitted to receiving funds that originated from U.S. telecommunications companies for the benefit of an official with Haiti's state owned telecommunications company. 

Fourcand admitted that some of the funds were sent to an intermediary company J.D. Locator Services Inc.  The president of J.D. Locator previously pled guilty to conspiracy to commit violations of the Foreign Corrupt Practices Act (FCPA) and money laundering.  Fourcand also admitted that Robert Antoine a prior official at Haiti's telecommunications company was a recipient of bribes.  Antoine was also indicted for money laundering conspiracy and was subsequently arrested and forced to leave Haiti to answer to the U.S. charges.

In carrying out the scheme, J.D. Locator would write checks to Fourcand, which would contain a fabricated invoice to create the false impression that the payment was for legitimate services.  In reality, the money was intended to be diverted to real estate transactions for the benefit of Antoine.  Fourcand faces a maximum term of 10 years in prison and a fine of $250,000 or twice the value of the property involved in the transaction.

Prior to Fourcand's guilty plea, Antoino Perez who was the controller of a U.S. telecommunications company also pleaded guilty to conspiracy to commit (FCPA) violations and money laundering for paying bribes to former officials of the Haiti telecommunications company.

White collar criminal investigations and prosecutions threaten companies with serious consequences and the tactics of a criminal investigation which include grand jury subpoenas, search warrants, undercover informants, unannounced visits from law enforcement agents and even wiretaps.  These tactics are unfamiliar and highly unsettling to most companies and individuals but can themselves lead to criminal penalties when handled unwisely.  Effective representation in a white-collar criminal prosecution requires not only knowledge of the law but experience with the offices and agencies that enforces them according to Miami criminal defense lawyer John Musca.  "The federal authorities increasingly pursue white-collar crime very aggressively.  These are complicated cases that are difficult to defend so it is important to have an experienced white-collar attorney on your side," said Musca.

Federal agents arrested three Miami men on illegal smuggling charges alleging the funds generated by the operation were being diverted to the Middle East terrorist group Hezbollah.  The men are accused of exporting Sony Playstation video game systems to a shopping mall in Paraguay that U.S. officials believe is a front organization that provides financial support to the terrorist group Hezbollah.

The accused businessmen include Khaled T. Safedi, Ulises Talavera and Emilio Gonzalez-Neira who have been arrested on conspiracy charges for violating a law which makes it illegal to do business with any organization designated as a terrorist group by the U.S.   The businessmen's companies were also named in an 11-count indictment, which has been unsealed.

The indictment does not expressly name the terrorist group that the men are accused of supporting but does name a shopping and office complex in Paraguay that is black-listed.  The men allegedly sold thousands of Playstation 2 game systems and digital cameras to the commercial mall in Paraguay, Galeria Page.  The U.S. authorities regard the mall as a funding source for the Lebanon based group Hezbollah.

A defense attorney representing one of the men was highly critical of the charges.  He mockingly referred to the indictment as "the great Sony Playstation caper."  He also said, "Believe it or not, this indictment actually charges these gentlemen with supporting Hezbollah by shipping them Sony Playstations.  I guess this is the new type of weapon of mass destruction."

Immigration and Custom Enforcement agents working in conjunction with the FBI's Joint Terrorism Task Force in South Florida initiated the investigation into the alleged smuggling operation in 2007.  Authorities claim that the men falsified invoices, addresses and fictitious consignees on required export documents to cover-up the illicit transactions.  The Treasury Department alleges that a manager of Galeria Page sent a regular quota to Hezbollah based on profits the mall generated.

The law the men are accused of violating was enacted after 911 to extend the war on terror to those who provide any kind of financial support or other types of assistance to terrorist groups.  Each count of providing material support to a foreign terrorist organization carries a maximum penalty of 15 years in prison and a $250,000 fine.  "Since 911, the federal government is extremely vigilant in prosecuting those that the government believes are providing aid and support to terrorist groups," said Miami criminal defense lawyer John Musca.  If a person is charged with assisting a terrorist organization, he or she should seek immediate legal advice from an experienced Florida criminal defense lawyer who can investigate the basis of any charges brought by federal authorities and explain your options and available defenses.

When you are faced with criminal charges in Miami, you will face some serious legal issues, where you will need the assistance of a Miami Criminal Defense Attorney.  It is crucial that you have legal representation if you are facing a criminal charge.  Don't face this situation without an aggressive attorney fighting for your rights every step of the way.  Contact Musca Law immediately.

A number of arrests have been made in recent weeks of Miami and Orlando residents who are accused of staging auto accidents and filing false insurance claims.  A Miami man was arrested as part of a staged auto accident ring.  Angel Sotolongo faces up to 10 years in prison after being charged with seven felony counts for being the alleged leader of a Miami auto accident ring that accumulated over $90,000 in fraudulent insurance claims.  The ring attracted participants by paying $2000 per person.  Earlier this month several Miami residents were arrested as part of a similar insurance fraud scheme.

Tampa authorities also recently have cracked down on a similar insurance fraud ring.  Tampa sheriff's deputies arrested three people who allegedly staged an accident.  Amauri Delgado, Zoraida Domitila, Zaya Padilla and Frank Lopez Masso met prior to an accident to discuss how to carry out the accident according to sheriff's office reports.  The arrest report indicated the defendants planned to obtain payment from their insurance by filing claims with an unknown pain management clinic.

According to Miami criminal defense lawyer John Musca, the most prevalent type of auto insurance fraud involves one of a couple scenarios.  The first scenario involves intentionally damaging vehicles at one location and then positioning the vehicles in an intersection so that the drivers can report an accident.  The other type of common fraudulent auto accident claims involves intentionally initiating a real accident followed by false claims of injury.

"While it might seem surprising to see such a spike in arrests for fraudulent auto accident claims, the reality is that such offenses are far more common in tough economic times," said Musca.  Musca explained that the rate of theft and fraud arrests tend to rise during times of high unemployment or inflation.  "People sometimes make decisions that arise out of a moment of financial desperation that haunts them long into the future.  This is often a situation where good people with no criminal history commit acts of financial desperation," said Musca.  "It is very important that defendants like this who have no past exposure or familiarity with the criminal justice system get prompt and qualified criminal advice."

When you are faced with criminal charges in Miami, you will face some serious legal issues, where you will need the assistance of a Miami Criminal Defense Attorney.  It is crucial that you have legal representation if you are facing a criminal charge.  Don't face the situation without an aggressive attorney fighting for your rights every step of the way.  Contact Musca Law immediately.

The pre-trial release system in Miami-Dade County results in those who are poor being much more likely to plead guilty simply to avoid certain consequences that may occur if they attempt to fight their conviction.  Poor suspects are faced with the choice between pleading guilty and receiving a criminal record and a fine in exchange for time served.  Alternatively, poor suspects can maintain their innocence and stay in jail because they cannot afford to pay 10% of the bail amount necessary for their release.  Because poor defendants cannot post bail, they face enormous pressure to plead guilty for time served so they can go home and avoid the loss of their job.

Poor defendants also face the obstacle of not being able to prepare their defense adequately.  Miami-Dade public defenders are not even in the same building as defendants so consultations are limited at best.  Further, the court has little time to spend on each case so defendants typically have little chance to assist in their defense.  Poor defendants who are forced to remain in custody because they cannot afford bail end up pleading guilty as opposed to languishing behind bars as they wait sometimes weeks just to be formally charged.  This is even more troubling because national studies indicate that defendants that remain in custody with charges pending are far more likely to plead guilty then defendants who are free while charges are pending.

Article I, section 14 of the Florida Constitution provides that every person who is not charged with a capital offense or an offense punishable by life is entitled to pre-trial release on reasonable terms.  Florida criminal law also creates a presumption in favor of release on non-monetary conditions for persons not charged with violent offenses.  Release on one's own Recognizance (ROR) is rarely granted especially to poor defendants.  The pre-trial release program in Miami-Dade County is not functioning in accordance with these guidelines as fewer than one-third of those interviewed for pre-trial release actually received it during 2008.  Miami criminal defense attorney John Musca indicated a defendant has a much greater opportunity to confer with private counsel when facing criminal charges.  Musca also said it is important to try to obtain a defendant's release because simply being kept in custody can create pressure to plead guilty simply to obtain immediate release.

If you have been arrested or are facing criminal allegations, you face a number of important decisions.  The most critical one is choosing who will represent you in the legal system.

It is important to be proactive in building your defense.  A conviction will likely change your life.   But, with high quality legal representation on your side, it is possible to put these changes behind you for good.  If you have been arrested and are seeking legal guidance, Musca Law is here for you.  Contact a Miami Criminal Defense Attorney at Musca Law today, to speak with an experienced attorney.  We offer a free initial consultation and Spanish language translation services.

The founding and managing partner of a Miami law firm has been charged with felony assault for his involvement in a road rage incident on December 18 near the Publix Super Market parking garage at Mary Brickell Village.  The police report indicates that attorney Michael J. Diaz Jr. was a passenger in a Lexus, which was obstructing the entrance to a parking garage, when Bracco used his horn and drove around the Lexus.  Bracco engaged in a verbal exchange with those in the Lexus.

Witnesses indicated that Diaz got out of Lexus, then opened Bracco's door and started to punch Bracco causing several teeth to become loose and his mouth to bleed.  Witnesses also told police that Diaz punched Bracco's girlfriend twice in the chest.  According to the police report, officer's noticed a strong smell of alcohol coming from Diaz.  Bracco's lawyer, who has also filed a civil suit, said, ". . . Mr. Diaz attacked my client while he sat in his car, dragged my client out of the car to continue the attack and then physically assaulted my client's girlfriend."  The police originally charged Diaz with a misdemeanor battery charge but upon investigation the prosecutor's decided to increase the charge to felony assault.

Prosecutors sometime will overcharge an assault case so that an experienced Miami criminal defense lawyer can have the charges reduced or dismissed altogether.  However, aggravated assault is a very serious charge, which can result in a jail sentence up to 5 years in jail and a fine of up to a $5000 fine under Florida criminal law.  Assault is defined as "an intentional threat by word, or act that seeks to physically harm another, coupled with an apparent ability to do so, which creates a well-founded fear in such other person that such violence is imminent."  Aggravated assault is generally an assault with a deadly weapon or with the intent to commit a felony.

Experienced Miami criminal defense attorney John Musca points out that it is common for prosecutors to "overcharge" assault or battery cases.  If the prosecutor charges an "aggravated" felony offense an experienced Miami criminal defense lawyer may be able to get the charges reduced to a misdemeanor or dismissed altogether.  While there may be additional facts that have not yet come to light, this case may be overcharged, as no allegations have come out that Diaz used a weapon, said Musca.

Musca Law provides the highest quality criminal litigation services to the residents of Miami.  Our Miami Criminal Defense Attorneys have successfully tried and defended, and appealed hundreds of cases in both State and Federal courts throughout Florida.  These cases include, but are not limited to, felony cases and misdemeanor cases, DUI, drug crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes and motor vehicle crimes.

A Miami man received the longest sentence ever handed down to a computer hacker for a cybercrime.  Albert Gonzalez was sentenced to 20 years in state prison for being the ringleader in a network of cybercriminals that stole tens of millions of credit and debit card numbers.  The ring hacked into TJX, which owns T.J. Maxx, BJ's Wholesale Club, OfficeMax, Boston Market, Barnes and Noble and Sport's Authority.  Gonzalez faced a maximum of 25 years in prison if convicted on these hacking charges.

The prior record long sentence for computer hacking of 13 years was handed down to a San Francisco man Max Ray Butler just last month.  Butler was convicted in relation to hacking into financial institution computer networks and selling the financial information obtained via an online forum.

Gonzalez previously pleaded guilty in two other hacking cases last year in which he was scheduled to be sentenced.  For his role in one of the prior cases involving Dave and Buster's restaurant chain, Gonzalez was facing a maximum of 20 years in state prison.  Gonzalez was facing 17-25 years for a third hacking case involving Heartland, 7-Eleven and Hannaford Bros. Supermarket chain wherein he was accused of stealing more than 130 million credit and debt card numbers.  Under the terms of Gonzalez plea agreement, all three sentences will run concurrently.

Word of the record sentence in the Gonzalez case spread quickly through the internet security community.  "The Gonzalez sentence sends a clear message to career criminals and organized crime outfits," said Michael Maloof of TriGeo Network Security.  "The Gonzalez case reflects the growing trend to aggressively prosecute cybercrimes," said Miami Criminal Lawyer John Musca.  "This case shows that if a person uses a computer to steal or provide the tools to others to do so, you can go to jail for a very long time," said Musca.  These cases can often involve technologically sophisticated evidence explained by computer experts so you should retain an experienced cybercrime lawyer if you are charged with a Miami cybercrime under Florida criminal law.

If you have been arrested or are facing criminal allegations, you face a number of important decisions.  The most critical one is choosing who will represent you in the legal system.

It is important to be proactive in building your defense.  A conviction will likely change your life.  But, with the highest quality legal representation on your side, it is possible to put these changes behind your for good.  If you have been arrested and are seeking legal guidance, Musca Law is here for you.  Contact a Miami Criminal Defense Attorney at Musca Law today, to speak with an experienced attorney.  We offer a free initial consultation and Spanish language translation.