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Miami Criminal Law Blog

Gambling: Easy to say, hard to understand in Florida

Gambling has been around for centuries, literally. There are many types of gambling all the way from children making bets about how high they can jump all the way to world-wide internet poker. However, understanding what kinds of gambling are legal and what kinds are illegal is a full-time job in Florida, which is why attorneys focus on keeping up with current gambling regulations.

Internet cafes are all over Florida. Some of these cafes provide internet services, but some of them have been accused of providing illegal gambling. Without a clear statewide law, from county to county the enacting and enforcement of gambling laws and regulations relating to these cafes have created a mess of inconsistent arrests and accusations.

40-year-old conviction costs customer service agent her job

Some people think that a minor offense like possession of marijuana, a single incident of theft or disturbing the peace has no effect on their future. We have said it before and we will say it again, even a small charge is worth fighting.

For one Wells Fargo customer service agent, she learned just what kind of an effect a single criminal conviction could have on her future. Her offense occurred 40 years ago, but when her employers dug up the record, it cost the agent her job.

Filmmaker's tweets call into question Miami robbery conviction

Earlier this year a young man's life was changed forever when he was accused and convicted in a Miami-Dade criminal court of committing the armed robbery of a convenient store. It was assumed that his conviction was determined by an impartial jury of his peers, but that conviction has been called into question after it was discovered that one of the jurors had been tweeting during the trial.

Prior to the start of the trial, the jury was instructed to refrain from using any social media while serving as a juror. One juror -- and Miami filmmaker -- felt that the rules did not apply to him and took the liberty of sending several tweets and posting on Facebook during the trial. The issue was brought to the attention of Miami-Dade Circuit Judge Jose Fernandez, and he has called the filmmaker into court to explain his actions and their consequences.

Police search warrant produces no charges in corruption probe

Once a target, always a target. That seems to be the lesson from a recent white collar crime Miami Beach corruption probe.

The recent allegations of corruption arose from the redevelopment project of the Convention Center. Police accused a city procurement director of releasing specific information about the project to a local businessman before it was made available to other bidders. In exchange, the local businessman allegedly purchased a luxury vehicle for the procurement director's wife.

Largest suspected Medicare fraud charges amount to $452 million

Medicare fraud is a type of fraud that involves the collection of money from the Medicare healthcare program under false or fraudulent claims. Since there are many types of healthcare claims, many claims that are fraudulent are not reported and many claims that are suspected as fraud are legitimate claims.

Medicare fraud has been alleged against 107 suspects in a nationwide investigation that includes Florida residents. The suspects consist of doctors, social workers and nurses who are allegedly involved in a fraud scheme that amounts to $452 million. This is the largest suspected Medicare fraud scheme in U.S. history.

City employee accused of embezzling $30 million

Public sector employment comes with a lot of responsibility and trust, but not always a large salary. So when a city employee, who earns an approximate salary of $80,000 per year, acquires a vast amount of financial assets, law enforcement officials begin asking questions.

The answer to their question could be a conclusion that embezzlement was involved. A comptroller, who is a city employee of a small town, was recently arrested for embezzling over $30 million in city funds. As the comptroller, the city employee was responsible for and had access to the city's finances. The city employee was able to embezzle this staggering amount of money and keep the embezzlement a secret from everyone, including external auditors who audited the city's finances.

Florida company allegedly claimed $250,000 in insurance fraud

Healthcare and insurance fraud are two types of fraud that can occur in many different areas. This type of fraud usually involves multiple parties that each play a role in the alleged scheme; some may even be unaware that they are participating in the commission of fraud. Recently, multiple people were arrested in a relation to an insurance fraud scheme in Florida.

The alleged insurance fraud scheme involved a licensed massage therapist, 14 patients of a massage clinic and a physician's assistant. The insurance fraud arrests were based on the two criminal charges of insurance fraud and grand theft. The insurance theme was detected through the use of an undercover sting that was conducted by Florida police. The undercover officers were part of the Miami-Dade Public Corruption Investigations Bureau.

Coercing false confessions: documentary sheds light on problem, II

In our prior post we discussed the single case of a false confession for a violent crime that was the focus of a documentary film called Scenes of Crime. The film used the man's individual case to highlight a problem that occurs in cities like Miami and others across the nation.

Police threats, psychological manipulation and other types of coercion are often used during interrogation. The documentary even caught one police detective on film admitting to using lies to obtain a confession. "When we're speaking to you, we're of course lying," he said.

Coercing false confessions: documentary sheds light on problem

When someone confesses to committing a violent crime it means that they are guilty, right? WRONG. Although it may be hard for some of us to believe, false confessions often occur. Police interrogations can last for hours while an already frightened person is deprived of food and confined in a small space with no windows. This atmosphere alone often causes people to become confused during questioning or even cause them admit to things that are untrue.

When you add threats or coercion by police, false confessions become even more likely. This was the topic of a recent documentary called Scenes of a Crime, produced in 2011. The film highlights the story of a young man who was threatened into confession that he had abused his own son.

U.S. Sentencing Commission wants to increase insider trading penalty

The U.S. Sentencing Commission is an agency that establishes sentencing policies and practices for the federal court system. The agency believes that insider trading has become widespread enough to recommend that judges take a more serious stance on sentencing after a conviction for the white collar crime.

The commission is not the only one who feels this way, the Justice Department has made it clear that they encouraged the recommendation. Both the commission and the Justice Department believe that the increased penalties should be focused on individuals working on Wall Street.