Honest Services Fraud, Vague and Politically Motivated

Criminal Lawyers in Broward County | William R. Moore Attorney 954-523-5333

Politically charged or a gateway crime is one that has the effect of either eroding our constitutional rights or alternatively grants unbridled policing power to the government. William Moore an attorney in Broward County Florida cautions against relying on the United States Constitution to protect us from criminal statutes that are clearly vague.

For those of you who are not up on the interaction between the United States Constitution and lawmaking I would remind you that laws put into effect in Florida that criminalize otherwise lawful behavior should be struck down as violating the United States Constitution. Florida statutes that criminalize otherwise lawful behavior are argued as being vague in that the restricted act cannot be articulated in such a way without a clear reading of the law as prohibiting lawful acts.

Unfortunately, a blind reliance our rights can lead us into trouble.

Just look what became of the prosecutor’s burden of proof shortly after CMI introduced Intoxilyzer’s for sale to police departments all over the nation. Suddenly there was no requirement that they prove every element of a DUI beyond and to the exclusion of any and all reasonable doubt. At least not with regard to impaired faculties. Provided a prosecutor can introduce evidence of a number spit out by one of these breath machines, a jury can rely on that information alone to find that a defendant was impaired.

There need be nothing else introduced by way of evidence, provided that piece of paper with a number on it is introduced into evidence. Never mind that only engineers at CMI in Kentucky know the source codes responsible for the complex mathematic computations required for a so-called accurate breath alcohol content reading.

Some criminal defenses attorneys still haven’t realized that injunctions against repeat violence have sprouted and multiplied into both unconstitutional and dangerous weapons that are now commonly used in a nasty breakup. Temporary restraining orders are some of the most powerful statutes that Florida has passed. TRO’s have teeth when used correctly and for an ill intended purpose.

Honest Services Fraud

In the mid-1980s the United States Congress sought to, and did modify our country’s federal mail and wire fraud statutes. The modification was seen by lawmakers as being a new form of white-collar crime and was intended to be applied by federal prosecutors in cases involving public corruption.

The law criminalized an act that could be seen as depriving another of honest services. Denying one the intangible right to honest services would make it a crime to appear for a bond hearing without having read every word of an otherwise boilerplate motion. One that any young lawyer could guess as to the gist of.

This bizarre and oddly worded statute actually did pass in 1998 despite heavy criticism that the law was vague and criminalized lawful conduct.

As far as I understand, prosecutors never pushed to exercise the constitutional limits of the statute and otherwise restricted themselves to pursuing the depriving of services only where same was done so by way of bribes and or kickbacks.

That’s not the point explains Moore. A law that criminalizes otherwise lawful behavior should not be left to the discretion of a police state that may or may not exercise control and Institute only lawful prosecution. Because even if they did, you are still left with a general public who is aware that they may be prosecuted for lawful behavior. The fact that a remedy appears to exist by way of federal appeal to the higher court that a law is vague would be of no consequence.

People live in fear under these regimes.

White Collar Crime of Insurance Fraud

White Collar Crimes Fraud Lawyer Florida

Insurance frauds involve defrauding the insurance provider, by claiming benefits that the person is not entitled to, or defrauding the insured by denying benefits that they are entitled to receive. White Collar Crime Attorneys in Broward County have seen a drastic increase in Insurance Fraud Arrests over the last decade. Insurance frauds are categorized into … Read more White Collar Crime of Insurance Fraud

Clerk of Court Employee Pleads Guilty to ID theft

Broward County Clerk of Court Arrest Results in a Guilty Plea. Howard C. Foreman supports the imposition of jail time in a public statement claims Criminal Lawyers from William Moore Criminal Defense a Broward County Law Firm.  Defendant Porcha Kyles was accused of selling identification information in the form of Driver Licenses to a Criminal … Read more Clerk of Court Employee Pleads Guilty to ID theft

Automobile Fraud

white collar crime attorney William R. Moore
We have several offices in Broward County, Florida. If you need representation for an alleged offense.

Broward County residents charged with auto fraud also known as car-selling scam
September 8, 2012|By Marcia Heroux Pounds, Sun Sentinel

Nine South Florida residents — including a Fort Lauderdale Beach police officer — were arrested this week after a yearlong investigation into auto fraud that cost Fort Lauderdale-area businesses nearly a half-million dollars, the Florida Department of Law Enforcement said Friday.

One Boca Raton suspect, Shannon A. Reid, 56, remained at large, police said.

Investigators allege a scheme that defrauded auto dealers and financial institutions by providing false credit information and bills-of-sale to obtain loans that were not repaid. The group included a clerk in a private tag agency and used at least three Fort Lauderdale-area auto dealerships, according to the criminal complaint.

FDLE investigator Victor Johnson said the people charged allegedly were “straw buyers,” buying and leasing cars by using other people’s credit information to inflate car loans.

“In some cases the vehicles were shipped out of the country, so there was no way to repossess them once the lenders realized they were out of the money,” Johnson said.

Johnson said several financial institutions and legitimate car dealerships are victims in the alleged scheme of auto fraud, with losses of $500,000 or more.

Charges filed against the suspects include racketeering, conspiracy, unlawful subleasing of motor vehicles, communications fraud, title fraud and false statements.

Broward County residents arrested and charged were Todd Javon Smith Jr., 29, of Pembroke Pines; Shanovia Maria Smith, 26, of Pembroke Pines; Nicholi O’Neil Smith, 37, of Miramar; Francis Elizabeth Hannan, 49, of Lauderhill; and James M. Paul, 35, of Sunrise.

In Fort Lauderdale, residents charged were Tomas Manrique, 51, and Dennis Esther Matos Torres, 42. Alexandra Olivera, 25, of Hialeah, an employee of a private auto tag office, was arrested on charges including racketeering and title fraud.

George Robert Navarro, 26, a Fort Lauderdale Beach police officer, was charged with racketeering, fraud and unlawful subleasing of motor vehicles, false statements and official misconduct. Navarro has been suspended by the police department.

Navarro’s attorney Michael Band said Navarro has had an “exemplary career” as a police officer and contends a friend he knew in middle school, serving a sentence for drug use, wrongly accused the officer.

“We dispute that he has done anything wrong,” Band said.

The case will be prosecuted by the Fort Lauderdale-Dade County State Attorney’s Office.

via South Florida residents charged in auto fraud – Sun Sentinel.

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Insurance Fraud

Fort Lauderdale white collar crime lawyer

“One of the most common crimes in Florida is insurance fraud and wire or mail fraud, where the defrauding is committed by using the U.S Postal Service and even private carriers like UPS and FedEx, or by using phones, faxes, or emails. In this crime, people are solicited with some scheme that is meant to defraud the person into doing some action, which will result in the victim losing money.”

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