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Thursday, December 8, 2011

White Collar Crimes


White collar crime tends to refer to crimes committed at a business by a businessman or woman. Criminology expert and sociologist, Edwin Sutherland, in a 1939 speech, coined the term. A white collar criminal is considered less likely to commit another crime, and punishment may be softer than for crimes involving violence. Evidence in a white collar crime usually involves a "paper trail," of evidence that investigators use to prosecute the case.

Types of White Collar Crimes



Embezzlement - the taking of someone's property by a person with whom it is entrusted.

Bribery - occurs when someone gives or takes a bribe.

Larceny - involves taking someone's property without paying for or returning it.

Extortion - also known as blackmail.

Fraud - this often includes but is not limited to health care fraud and tax fraud.

Price Fixing - an agreement between two parties to set prices for a certain product, thereby violating free market operations.

Racketeering - the extortion of money by force or a pattern of criminal activity committed to further the interests of a criminal syndicate.

Computer Fraud - using a computer to commit a crime.

Obstruction of Justice - interfering with the criminal process by impeding an investigation.

Perjury - lying while under oath in a judicial proceeding.

Securities and Commodities Law Violations

Environmental Law Violations

White collar crimes can be prosecuted at the state or federal level, depending on whether a state or federal law was broken. If convicted, these crimes usually result in jail time, large fines, and restitution to the victims of the crime. For people who have been victimized by white collar crime, hiring a criminal attorney is often helpful when attempting to recover monies lost.







Wednesday, December 7, 2011

Do Not Be A Victim: High Tech Fraud Crimes To Watch Out For


Having a crime perpetrated against you is always a possibility, but it has never been so easy to do in the past than it is today. It seems that fraud crimes will always outdistance the deterrents put in place to stop them, but with the ever-increasing reliance of the world upon the Internet, these acts have been multiplying at an alarming rate. Thousands of people fall victim to scams and identity theft every single day, and so this does not happen to you, we will outline the most prevalent types of cyber crimes happening, and tips on how to avoid becoming a victim of them.

Common Types of Electronic Fraud Crimes

Identity Theft: Identity fraud is one of the most prevalent, and most sinister of all the cyber crimes occurring today. Every piece of information you put out on the Internet can be linked together to create a cyber identity for you, and if thieves gain access to enough of those pieces, they can use that information in a lot of ways, most of which can cause a financial crisis for you. It can ruin your credit rating, drain your bank accounts and leave you owing money you never even got to spend.

Sadly, because electronic activity can be easy to trace if the thieves are sloppy in their computer practices, some of them will go the extra mile, and do things the old fashioned way, like going through your garbage, or stealing your mail. Always monitor your mail delivery closely, and if you go away on vacation, be sure to stop the delivery. When you want to discard paid bills and other sensitive documents that could give someone your bank account information or your social security number, shred before discarding it.

Phishing: Phishing is the practice of fraud being committed through the use of fraudulent emails. They will come to your inbox on a daily basis, and they will be phrased in one of two ways: verifying secure information or announcing that you have money owed to you. The first type looks and reads, at first glance, like an official document from your bank, your credit card companies, your insurance company, or a government office. Some of these are quite sophisticated, right down to the company logo. One important thing to remember about this type of fraud is that legitimate companies that traffic in secure, personal information on a daily basis, will never just send an email. They have customer service departments that will call you personally if there is an issue.

These kinds of emails, as well as the ones that announce that you have won a lottery or are entitled to a bequest of some kind, are easily detected if you know what to look for. Read through them carefully, and the first thing you may notice is a lack of a personal address in the letter, your name will probably not even be mentioned. Second, the phrasing will seem off, somehow, especially if they are being sent by someone not completely fluent in English. They will often include a highlighted Internet link, and if you run your cursor across it, without clicking, it will reveal the web domain the thieves are using. More often than not, it will have nothing to do with the company that supposedly sent them. Delete it, and forget it.

Bogus Auctions and Sales: With the advent of the Internet, it is pretty easy to dupe someone out of their money by offering items for sale. Several instances have already arisen on sites like eBay, where a picture of the item was sent to the winner of the auction, but not the item. To avoid this happening to you, never deal with anyone whose reputation you cannot verify through the site itself.

Avoiding Prosecution

Sadly, being a victim of fraud crimes will not always stop at you losing money or having your identity stolen. It can also lead to you being prosecuted because of something the thief did while pretending to be you. Hire an attorney at the first sign that you are a victim of cyber crimes.




Want to learn more about how you can protect yourself from fraud crimes like these? The Law Office of Philip Averbuck has successfully defended victims of fraud for years, and can best advise you on how to proceed, call him today. Also check out our new page on Electronic Fraud Crimes.




Being at the Wrong Place at the Wrong Time With the Wrong "Friends": Accomplice Liability Crimes


All too often, individuals find themselves in the wrong place at the wrong time with the wrong "friends;" as a result, they find themselves charged as a criminal accomplice. The argument that you had no idea of what was going on may not stand - even if it's true - and you may be pulled into a criminal case under the theory of accomplice liability.

What the prosecution has to prove in a case like this is that the accomplice took part in the crime, wanted it to take place, and indicated this intention by his actions or participation. Many times, though, the aider or abettor can be found guilty of a different crime than the primary individual accused of the actual crime. The aider or abettor is charged with a more serious offence or a lesser one, depending on the circumstances and evidence available.

Many times the accused abettor to a crime will argue that even though he was present when a crime took place, he took no part in it, nor did he even know it was going to happen. This can still lead to serious consequences, since proving these assertions requires more than an honest face.

What can be even more shocking is that many individuals are charged as being part of crimes they didn't even witness. In this case, the mere fact of knowing that a crime was going to take place and providing the opportunity for it to happen can be enough to land an individual in serious trouble.

For example, let's say you had a friend who wanted to rob a liquor store and asked if he could borrow your car so he would be able to flee the scene quickly. You complied and gave him your car. You aided him in committing the crime, so you are now an abettor and subject to being charged as party to the offence. It doesn't matter whether or not the crime was discussed in detail beforehand. You knew the crime was going to be committed and you assisted in an indirect way.

Then again, there are examples when being present when an offence occurs will not get you in trouble, provided you had no knowledge that the crime was about to take place. For example, let's say an individual offered to drive you home from a party. You accepted. However, you did not know the vehicle with which he was taking you home was stolen. On your journey home, the driver was pulled over and charged with the offence. If there are no facts proving that you knew the car was stolen, you will not be convicted. It is not enough to find you guilty just because you happened to be in a stolen vehicle.

The moral of this story: watch the company you keep - don't get involved if something seems suspicious, because your indirect actions could still land you behind bars.




Michael Waddington is an expert court martial attorney defending military personnel worldwide. He defends all levels of court martial cases. He is a partner in the Augusta, Georgia, law firm of Gonzalez & Waddington. His worldwide practice focuses on military criminal court martial cases. http://www.ucmjdefense.com




5 Tips for Writing Authentic Crime and Legal Fiction


Writing about a highly technical topic, like crime or law, can be intimidating. In the world of criminal law, there are innumerable rules, practices and procedures. Criminal lawyers speak their own language. To write a good crime or legal story, a writer needs to have credibility.

Credibility comes from working within the rules of criminal law and speaking the criminal law language. But you don't have to be a cop or lawyer to write about crime or criminal law with authenticity. Here are some tips to get started:

1. Brainstorm: As in any genre, a good story with interesting characters and plot twists must be the starting point. Physically write out brainstorming ideas without regard to order, quality or completeness. Just start writing, and let the ideas flow.

2. Get Inspired: Inspiration often comes from outside sources, often unexpectedly. Read great books, and watch great movies, especially crime and legal drama. Read about crime in the news. Follow interesting trials. Watch true crime stories on television and read true crime books. You never know when some small tidbit will spark a story in you.

3. Outline: Everyone has their own methods of and opinions about outlining. Whether organized by chapter, act, scene, character or plot point, outlining is a critical tool to organize a story. The more complex the story, the more important an outline can be. Outlining can be especially important in a crime novel or legal drama because your story needs to fit within the rules of the criminal law world.

For example, if you want to have a piece of exculpatory evidence discovered at the end of act two, you will have to know what stage of the legal proceedings the case is in to help determine how the evidence could realistically come to light.

4. Educate Yourself: Read up about real criminal law on the internet and in books. Look for information specifically targeted to the non-lawyer. Watch real trials when they are televised. Watch true crime shows. Although they often cut out a lot of detail, especially the procedural stuff, they usually get things right. Read news stories and true crime books. The same warning goes for these sources: they are usually accurate but often leave out details you might want to know.

Do not rely on talking head lawyer commentators on television. They usually speak off the tops of their heads and often get things wrong. They also often have an agenda that they are pushing and speak of things from that point-of-view. Finally, do not rely on other criminal law fiction. Crime fiction in television, movies and books are often completely, eye-rollingly off the mark.

5. Consult an Expert: When in doubt, ask a question. As you brainstorm, outline and draft, keep notes of questions that come up. Consulting an expert, usually a criminal lawyer, can be costly, so try to know what you want guidance on before you contact someone. Also, be sure to speak to someone who is able to explain things simply and clearly, and who is willing to admit when they do not know something.

Following these tips will give a writer confidence to create within the world of criminal law and to begin writing crime and legal stories with authenticity.




By: Blythe J. Leszkay CriminalLawConsulting@gmail.com
Blythe is an experienced and successful criminal attorney and expert consultant with Criminal Law Consulting. She consults with and educates writers and filmmakers about criminal law issues in their projects. She provides simple criminal law information at http://www.CriminalLawConsulting.com.




Crime and Unemployment - How to Avoid Being a Victim


A growing statistic we hear little about in the mainstream media is that of rising crime rates as they relate to unemployment. As unemployment rates rise across the US, so does crime, as many formerly law abiding citizens turn to both property crime and white collar crime to feed their families.

Over the past two years as the economy took a steep downturn, crime, especially property crimes, have skyrocketed. One doesn't have to look far to find a victim of recent property crime, their numbers are increasing.

The most common type of crime is car break-in. It seems petty, but aside from what was taken, now the owner must deal with the cost of repairs such as broken windows and interior parts, these as well as lost car batteries and even tires. You may have noticed more cars driving around with plastic and taped over windows, this, usually being a result of thieves who broke in trying to make a fast buck.

There seem to be no safe neighborhoods from this sort of crime as many of the perpetrators were formerly law abiding citizens; a sad commentary on our times.  This new breed of criminal is more likely to succeed at getting away with it as many are educated, intelligent and skilled but down on their luck in a serious way. In desperation they appear better able to plan a crime and carry it out without being caught; bad news for the rest of us.

What are some things we can do to reduce the chance that we will fall victim to this sort of violation? One thing, and probably the most important, is to practice awareness of your surroundings. For instance, pay attention to who is around you and where you park,especially at night. When you go to the grocery store, or any other type of store, choose one with security cameras outside. They are easy to spot; look up on the lot's light poles and building parameters for the cameras pointed at a downward angle. The presence of these not only provides more safety for your car but for yourself as well. If they are not present where you park at work, approach your employer and ask to have some installed. You can even take up an employee collection to supplement the purchase and let the employer know you are serious. Often the cost of such a system is far less than the damage done to a vehicle during a break-in and the cost of replacing stolen items.

The same approach can be taken for the home; check your locks to make sure they are working properly and are not the type that can easily be picked. A dead bolt type with door frame reinforcing plate is your best bet.

Inexpensive surveillance systems can be added where the system dials a preset series of phone numbers such as police, security company and even your cell phone to alert you of a break-in. Windows in the home should be checked on a regular basis to make sure they are locked and have not been tampered with. In the home it is a good idea to place a can of pepper spray or even a stun gun in strategic locations in case you do meet an intruder in your home.

Cars should have alarm systems installed, especially in this economic climate. There are many new systems available but the best is one that calls or beeps you if your car is being tampered with. These systems can cost upward of $400. But can save you from loss and repair bills. For personal protection in the car you can carry a key-ring pepper spray or an inexpensive personal alarm which when activated sets off an ear piercing screech that can interrupt an attack and draw attention.

In this climate of increasing social breakdown it pays to be more vigilant and attentive to your surroundings, it could save your hard earned belongings or even save your life.




Vern Wichers is the founder of http://www.stungunstopepperspray.com/ a Bison River LLC company, as well as a level 3 practitioner and assistant instructor of Commando Krav Maga in the state of Florida.

Stunguns To Pepperspray is a retail provider of personal security products and also offers advice and training in the use of specific products on the site. Vern also offers a series of ongoing blog articles and tips at http://www.stungunstopepperspray.com/news-blog concerning self defense and personal security.




Careers in Crime Scene Investigation


There are a few facts you need to be aware of if you are interested in one of the many crime scene investigator jobs currently available across the United States. Crime scene investigation has become popular due to the large amount of programs featuring it on television. Forensic science is not a field that everyone is interested in because of how exciting it looks on television, however. It is also a very demanding career that offers many benefits.

What are the requirements to become a crime scene investigator?

A college degree is not required to become an investigator, but it will help in being considered for this kind of career. Other skills are required even if you have a formal education like computer skills, drafting, and photography. People involved in forensic science gather evidence and are able to process it using these skills. Some people interested in this type of investigation work ride with police officers or emergency medical technicians to get a better look at how it works.

Why Crime Scene Investigation?

People with interests in science, evidence gathering, or medicine should consider crime investigation as a career choice as each of these aspects are a part of it. Investigators also have the opportunity to learn about other related careers such as law enforcement, medical staff and labs.

An Investigator's primary task is to gather evidence and process a crime scene. Investigators also work in laboratories and analyze the evidence. They must possess great organizational skills, an eye for detail, and analytical skills for solving problems. Investigating a crime scene requires teamwork, excellent communication skills, and writing skills. This is not a good career choice for people who prefer to work alone.

Tips to Become an Investigator:

The first step is to learn about crime scene investigation. Read work summaries of jobs listed to learn what responsibilities the investigator will have and what the least requirements for becoming employed are.

Contacting several agencies within your area and asking how often they offer openings is the next step.

Prepare for the application process. Some positions require a bachelor's degree while others only require a high school diploma. The majority of crime lab careers require a degree in a science such as biology or chemistry. If your desired position requires formal training, contact your local college to learn what training is available.

Last, create a resume and apply. Attach the resume to your application even if the agency doesn't require one. Resumes are helpful in obtaining an interview and maybe even a job.

Crime scene investigation is not like what it's portrayed in television and movies. However, it is an exciting and highly demanding career with countless opportunities for individuals interested in science and medicine and motivated enough to reach them.

Once education and training is completed, there are a wide variety of rewarding Crime Scene Investigator Jobs available to those seeking them.




[http://crimesceneinvestigatorjobs.org]




Tuesday, December 6, 2011

Incest Crime Defense


Society judges sex crime offenders harshly, and this is especially true for crimes related to incest. An incest crime is defined as having sexual relations with blood relatives or people that live in the same residence. Conviction will cause an individual to have difficulty finding a place to live. Many apartment complexes have strict restrictions on keeping sex offenders out of their neighborhoods. Even if an individual is wrongly accused and convicted of a crime, he or she may face serious judgment and persecution from others around him or her. Those that find out about the conviction may break all contact with the individual, even in the event that this person has been a close friend in the past.

Therefore accusations of sex crimes should be defended with aggression. Remember, a sex crimes charge is not the same as a conviction, and there are many ways that an experienced attorney can fight to have your name cleared of the charges you face. Since sex crimes are not treated lightly in the court, sentences will be extreme if you are convicted, so it is important to secure the help of an experienced attorney as soon as possible.

The financial toll that a conviction of incest can include is thousands of dollars in fines that will plague an individual with years of payments. Jail time is also a risk. In some states, offenders, especially multiple offenders, can be assigned up to 30 years in prison.

There are two ways incest defense attorneys can help their clients. If their client is innocent of the crime, they may be able to expose false accusations and prevent all punishments. The second way to help their client is to prove that they do not deserve the highest degree of punishment. Often times an individual that expresses interest in rehabilitation and shows remorse can avoid penalties that will last the rest of his or her life.




For more information regarding defense against charges of incest, visit the website of the Milwaukee sex crimes defense attorneys at Kohler & Hart, LLP.

James Witherspoon