Federal Judge Dismisses Most Serious Charges against LA Lawyer in an Illegal Campaign Finance Case

A latmes.com report on June 9, 2009 stated that U.S. District Judge S. James Otero has dismissed the most severe charges against well known attorney Pierce O’Donnell in an illegal campaign finance case. This is a definite hit to the prosecution’s case against O’Donnell. Otero ruled that prosecutors had wrongly charged O’Donnell with two violations of the Federal Election Campaign Act. Originally, U.S. attorney’s office had claimed that O’Donnell had violated the law by asking employees to make donations to the 2004 presidential campaign of John Edwards and then paid them back for their donations.

Judge Otero said that the law prosecutors referred to does not forbid such doings. O’Donnell’s attorney, George Terwillger, said, “The charges were dismissed because the U.S. attorney overreached in an attempt to use the law far more broadly than its terms allow.”

Prosecutors are reviewing Judge Otero’s 11 page ruling and are thinking about their options, including a review by the U.S. 9th Circuit Court of Appeals. Judge Otero did not dismiss a third charge that O’Donnell “knowingly and willfully” forced a treasurer of a political action committee to make false reports about the contributions.

White collar crimes under this category include: concealing assets during a bankruptcy; filing a false claim for postal or pension loss; possessing false papers in order to defraud the United States; making false credit applications; bank and deposit account fraud; using a computer, radio, or television to commit a fraud against another; and money laundering.

San Bernardino Assessor Accused of Fraud and Crime While in Office

A latimes.com report from May 13, 2009 stated that an investigation into the offices of former assessor Bill Postmus has prompted the San Bernardino County Supervisors to file suit against Postmus and five of his co-workers in an attempt to recover hundreds of thousands of dollars. The report was done by former federal prosecutor John Hueston who gained fame for prosecuting Kenneth Lay and Jeffrey Skilling of Enron. The investigation revealed that crime, fraud, and drug use were a common occurrence in Postmus’s office. In addition, the 30 page document states that people not qualified for the job were hired and did not do any assessor related jobs but instead conducted unauthorized political campaigning. The investigation’s most shocking accusations are related to Postmus’s drug use. His assistant said he, “looked like he fell off a park bench.”

Colleagues even suspected him of inhaling canisters of DVD cleaner. Soon afterwards, Postmus was arrested on suspicion of possession of methamphetamine. He resigned in February.

Gary Ovitt, board Chairman, said, “As a taxpayer and as a public official, I find the activities detailed in the report deeply disturbing. There is certainly enough information in this report to compel the Board of Supervisors to pursue legal action against these individuals and seek damages for the taxpayers.”

Officials have arrested three of those mentioned, who have posted bail. Postmus has been charged with six felonies and former assistant assessor Erwin is facing 10 felonies, mostly for failing to properly report gifts while in office.

In today’s world of politics and business, the line between what is ethical is sometimes misinterpreted and can lead to serious accusations of white collar crime. If you or a loved one has been accused of a white collar crime in San Bernardino, contact the skilled lawyers at the Law Offices of Lawrence Wolf. We have helped our clients win for over 30 years. Please call [number type=”1″] for a free consultation.

Tustin Fraud and ID Thefts

The website hbindependent.com reported in an account on April 9, 2009 that former fugitive Gene Anthony Franklin Jr., 34 of Tustin, who had bought a home in Southern California valued at $685,000 using someone else’s information has been found guilty of perpetrating $2.8 million in fraud and stealing the identities of more than 12 victims.

Police went to Franklin’s house to arrest him on another warrant but he refused to come out taking a small child hostage. Police had Franklin’s ex-wife come to the house in an unsuccessful attempt to free the child. After many hours passed, the stand-off ended when a SWAT team entered the home and retrieved the child. Franklin eventually escaped into Mexico in the Fall of 2007 but was arrested a year later. A jury found Franklin guilty of 46 felony counts including identity theft, false impersonation, grand theft and attempted grand theft, resisting arrest, child abuse, conspiracy, forgery, failure to appear, attempted extortion, and dissuading a witness. He will be sentenced in June and faces up to 73 years and four months in prison.

White collar crimes in California are usually crimes of theft and deception committed by non-violent professional people as opposed to other crimes that use force. White collar crimes can be prosecuted at the state level or federal level, or both. Penalties for being convicted of a white collar crime typically consist of fines, restitution and, in some cases, prison.

The Law Offices of Lawrence Wolf have been successfully helping individuals charged with white collar crimes in California for over 30 years. Please call [number type=”1″] for a free consultation with a skilled Orange County criminal defense attorney today.

Huntington Beach Fraud, Forgery, and Elder Abuse of 84 Year Old Woman

The latimes.com website reported in a story on March 11, 2009 that the LAPD announced that Cindi Dee Powell, 54 had used an 84 year old woman’s name, robbing her of $200,000, and in doing so the woman now faces possible foreclosure. Police have arrested Powell and have charged her with grand theft, financial elder abuse, identity theft, vehicle theft, fraud, and forgery.

Police reports state that Powell moved in with Constance Wakefield after Wakefield found her classified advertisement. Wakefield requires a wheelchair to move around the house and someone to drive her to appointments. Wakefield had no idea that Powell was already on probation for elder abuse.

Starting sometime in 2006, using Wakefield’s name, Powell took out fraudulent loans and opened bank accounts. Now Wakefield is having trouble making her mortgage payments and could face foreclosure. Wakefield’s only option may be to move in with her daughter who now lives in South Africa.

White collar crimes in California are usually crimes of theft and deception committed by salaried professional people as opposed to other crimes that use force. White collar crimes can be prosecuted at the state level or federal level, or both. Penalties for being convicted of white collar crime typically consist of fines, restitution and, in some cases, prison.

Orange County Doctor Faces Medicare Fraud Charges

An doctor is facing Orange County fraud charges for allegedly bribing patients to come to his Westminster clinic for massages that were then billed to Medicare as $2.3 million in physical therapy, The Orange County Register reports. Mark Thomas Paskewitz was reportedly indicted by a Santa Ana grand jury on 18 counts of health care fraud at QS Medical Group Inc. known earlier as Good Healthcare Inc.

Federal prosecutors say Paskewitz billed Medicare for massages that were performed by unlicensed, unsupervised employees. The Medicare patients were also paid illegal kickbacks so they would visit the clinics, the article said. If convicted on all counts, Paskewitz faces up to 10 years for each count.

Crimes such as fraud and bribery fall under the definition of white collar crimes in California. These types of crimes may be prosecuted as the State or Federal level, depending on the nature of crime and the location of the people who have been affected by the crime. If an individual has been convicted of committing a while collar crime, he or she may face a stiff prison sentence, house arrest or severe penalties and fines. More than anything else, a fraud conviction takes away your credibility as a professional and ruins your reputation as a business person.

If you have been accused of a white collar crime in California, please contact the Law Offices of Lawrence Wolf to find out more about how we fight these charges. Our Los Angeles white collar crime defense attorneys will work hard to keep you out of jail. Our main goal is your vindication. Call us today for a free consultation and case evaluation.

Insurance Fraud Staged Accident Fatality

Does a death in a staged accident equal murder?

In the first of its kind prosecution, a personal injury attorney, tried for the accidental death occurring during a staged accident ended in a mistrial. Bold new theories of second degree murder under a new theory of “vicarious liability” are being tested. See People v. Antick, 15 Cal.3d 79 @ p.86 (1975), Taylor v. Superior Court, 3 Cal.3d 578, 584 (1970), People v. Gilbert, 63 Cal.2d 690, 704 (1965). Call me for updates.

Criminal Fraud in Hollywood – Beware of Rackets, Cheats and Scams!

The entertainment industry is a fertile field for fraud. Between the psychological attraction of fame and fortune and the undeniable opportunities for talented people to make large sums of money, which they may have difficulty keeping track of, Hollywood abounds withcrimes of fraud. Unfortunately, much of it goes unreported.

Since avoiding these situations is often preferable to reporting them, here are some of the rackets, cheats and scams to warn your clients about and hopefully some ways to prevent them:

Embezzlement. Unfortunately, “creative types” tend to disengage themselves from the details of their financial affairs, placing equal amounts of trust and temptation at the feet of one person. That person is often called a “Business Manager.”

Robert Youngdahl, Los Angeles Deputy District Attorney for the Major Fraud in the Entertainment and Motion Picture Division, reports that fraud is more often brought to light during recessionary times.