Broward County

Published on: February 6, 2019

Ex-Commissioner in Margate Convicted of Corruption

by Whittel & Melton, LLC

A former city commissioner in Florida is facing prison time after he was convicted of corruption charges arising from a tiki bar he operated in a strip mall.

According to court records, a jury found 56-year-old David McLean guilty of bribery, official misconduct and theft charges late Monday. McLean was a commissioner in the South Florida city of Margate.

Trial evidence showed McLean used his influence to do city favors for the tiki bar’s landlord. In return, the landlord forgave about $8,000 in rent and made another $6,000 in cash payments.

Broward County prosecutors say McLean faces about four years in prison when he is sentenced in March.

McLean previously was convicted of similar charges in federal court, but an appeals court overturned the verdict because no federal money was involved.

Public figures and all other highly visible people like politicians, police officers and city council members are under watchful scrutiny. When an action looks as if it could be illegal, the accused needs the help of an attorney who knows how to present an aggressive defense. Our South Florida Criminal Defense Attorneys at Whittel & Melton have the experience and persistence to fight charges of corruption.

If you have been charged with a crime, you have the right to an attorney. We will listen to your story in complete confidence and make sure you understand all of your options on how best to proceed.

Published on: September 12, 2018

South Florida Doctor Gets 19 Years for Prescribing Painkillers

by Whittel & Melton, LLC

A Fort Lauderdale doctor has been sentenced to 19 years and seven months in federal prison for distributing prescription painkillers.

The man was sentenced Monday following a conviction in June of dispensing oxycodone outside the usual course of professional practice and for no legitimate medical reason.

Investigators claim the 64-year-old man ran a cash-only pain management clinic in Indialantic from 2009 to 2011. He apparently charged $200-$400 per visit, where patients received prescriptions for high doses of oxycodone with little to no medical evaluation. Investigators believe that many of the people who received the prescriptions then abused the opioid painkillers themselves or sold the pills.

Oxycodone is the most abused prescription drug in Florida and across the country. A prescription drug is defined as any substance which under Federal or State law requires dispensing by prescription or order of a licensed physician, veterinarian or dentist. A doctor could easily face very serious criminal drug charges if law enforcement officers believe that their clinic is merely a cover for a fraudulent prescription drug distribution operation.

Published on: March 21, 2018

Fort Lauderdale Eye Doctor Gets 17 Years for Medicare Fraud

by Whittel & Melton, LLC

A Fort Lauderdale eye doctor received a 17-year sentence in February for apparently stealing $73 million from Medicare by persuading elderly patients to undergo excruciating tests and treatments they didn’t need for diseases they didn’t have.

The man was convicted of 67 crimes including health care fraud, submitting false claims, and falsifying records in patients’ files.

Prosecutors showed that between 2008 and 2013, he became the nation’s highest-paid Medicare doctor, building his practice by giving elderly patients unnecessary eye injections and laser blasts on their retinas that some compared to torture.

The 63-year-old was ordered to pay $42.6 million in restitution to Medicare.

Prosecutors argued he stole $136 million but his attorneys insisted the proven total was $64,000. US District Judge Kenneth A. Marra said the evidence shows the theft was at least $73 million.

The man could have been given a life sentence. Prosecutors had been seeking 30 years. Defense attorneys sought less than 10.

The man has been in custody since his April 28 conviction.

Our Florida Medicare Fraud Defense Lawyers at Whittel & Melton are here to help defense those accused of these charges. Recently, the government has started seriously cracking down on medicare fraud, so our Medicare Fraud Defense Lawyers are even more necessary now than in the past. Congress has introduced multiple bills to increase fines and jail time for medicare fraud, and the government now has several entities armed with the task of uncovering alleged medicare fraud. Facing a medicare fraud accusation is scary and the consequences are very real.

Financial penalties for the medicare fraud are severe and fines can be $10,000 or more per claim. Moreover, any healthcare providers convicted of fraud can be excluded from participating in the medicare program in the future. Those convicted can also face lengthy jail sentences as well as the loss of their practices. The government will usually try to claim multiple law violations for a single fraudulent claim, which will only result in more punishments if a conviction is achieved.

Published on: July 5, 2016

Hundreds Arrested for $900 Million Worth of Health Care Fraud

by Whittel & Melton, LLC

The Justice Department announced Wednesday it’s charging hundreds of individuals across the country with committing Medicare fraud worth hundreds of millions of dollars.

This is the largest takedown in history, in regards to the number of people charged and the loss amount, according to the Justice Department.

The majority of the cases being prosecuted involve separate fraudulent billings to Medicare, Medicaid or both for treatments that were never provided.

In one case, a Detroit clinic that was actually found to be a front for a narcotics diversion scheme billed Medicare for more than $36 million, the Justice Department said.

The actual numbers:

$900 million in false billing
$38 million sent from Medicare and Medicaid to one clinic to carry out medically unnecessary treatments
$36 million billed to Medicare by a Detroit clinic that was actually a front for a narcotics diversion scheme
1,000 law enforcement personnel involved
301 defendants charged across the United States
61 of those charged are medical professionals
36 federal judicial districts involved
28 of those charged are doctors

A doctor in Texas has been charged with participating in schemes to bill Medicare for “medically unnecessary home health services that were often not provided.”

Published on: March 28, 2016

Scottie Pippen’s Former Money Adviser Gets 3 Years for Fraud

by Whittel & Melton, LLC

Chicago Bulls legend Scottie Pippen invested more than $20 million with a financial adviser he says had come highly recommended by the team who has just been sentenced to three years behind bars for fraud.

The 66-year-old former money advisor was convicted of a variety of fraud schemes that included forging Pippen’s signature on a $1.4 million loan that he used to pay off personal debts.

In his ruling, the judge found that the advisor had lied at trial about forging Pippen’s signature as well as by claiming he’d gotten the go-ahead to apply for a second loan in the name of another victim.

In addition to the prison time, the judge ordered the man to forfeit $2.7 million and pay an additional $1.5 million in restitution, including $400,000 directly to Pippen.

The man was convicted by a jury in 2014 of five counts of bank fraud. Prosecutors claim he illegally obtained a total of about $3 million in loans from Oak Brook-based Leaders Bank, which included the $1.4 million loan that he claimed Pippen needed to invest in a private jet. The man apparently instead spent most of the money for his own benefit, making mortgage payments and paying other investment clients, prosecutors said.

Bank fraud is a criminal offense defined as deliberately and knowingly carrying out a scheme to defraud a financial institution. Basically, bank fraud is the use of fraudulent means to obtain money, assets, or other property that is owned or in the control of a bank or other financial institution. Bank fraud can be committed in a variety of ways including the following:

Mail fraud
Wire fraud
Making false statements on loan applications
Falsifying documents
Forging checks
Loan fraud
Counterfeiting bank documents

Published on: February 24, 2016

Broward County Lawyer Accused of Child Porn, Abusing Minors

by Whittel & Melton, LLC

A Broward lawyer was arrested Saturday on federal child porn charges, and is also accused of abusing two underage girls, according to court records.

The 47-year-old was arrested at his Margate home. An undercover investigation allegedly revealed he was logging on to a “daddaughtersex” chat room from the Internet protocol address of his Fort Lauderdale law firm and trying to persuade a stranger to let him have sex with her 13-year-old daughter, authorities said.

The man was apparently communicating with an undercover officer for about six weeks.

Authorities claim they were quick to arrest the man on the child porn charges when they found evidence he was sexually abusing a real teenage girl.

According to reports, when agents from the Florida Department of Law Enforcement and the FBI’s task force on crimes against children went to arrest him, they uncovered evidence that he was abusing a second underage girl in Broward County.

Assistant U.S. Attorney Bertha Mitrani told the judge that prosecutors expect the man will be formally charged with distributing child pornography and other, more serious charges.

U.S. Magistrate Judge Alicia Valle ordered the man be detained at least until a hearing on Friday when the prosecution and defense can present their evidence and legal arguments to her.

The man came to the attention of law enforcement Jan. 13 when he allegedly chatted online with an undercover officer from the Vermont State Attorney General’s office, authorities said. The undercover officer was apparently posing as a divorced mother with two children in the “daddaughtersex” chat room.

In the chats, police claim the man told the undercover officer he had sexually exploited an underage girl and said the abuse was ongoing.

Investigators apparently traced the online Internet protocol address he was using to the Fort Lauderdale law firm where the man worked.

During one chat, investigators claim the man sent a link to a child pornography video that showed a girl, who appeared to be about 10 years old.

Later, police allege he sent more video links that included a 3-year-old girl being sexually abused by a woman and a 6-year-old also being abused.

The man has been terminated from the law firm where he was employed.

Child pornography charges are prosecuted in both federal and state courts. At Whittel & Melton, our Broward County Criminal Defense Lawyers work to resolve your case in a way that protects your reputation, family and future as much as possible. Sometimes this means going to trial, and in other scenarios, it means negotiating the best possible plea agreement to try and avoid mandatory minimum sentences and sex offender registration.

If you are under investigation, do not wait until you get arrested to consult with an attorney regarding your child pornography cases. By enlisting our help early on in your case, the better chances we have of establishing the best defense for your charges. If you have already been charged with a sex crime, call us today at 561-367-8777.

Published on: December 30, 2015

Don’t Get Arrested for Using Fireworks in Florida On NYE

by Whittel & Melton, LLC

The new year is quickly approaching, and thousands of Floridians have made plans or are starting to think about how to say goodbye to 2015 and ring in 2016.

But before you solidify your New Year’s Eve plans, fire officials have some tips for residents and visitors when it comes to fireworks.

“Anything that is projectile or leaves the ground is illegal in the State of Florida. Basically your safest bet is with a sparkler,” said Natalie McQueen, a Firefighter and Paramedic for the Panama City Beach Fire Department.

Even though sparklers are allowed in the Sunshine State, residents and visitors still need to exercise caution when using them.

Younger children should never light or handle sparklers. Parents should maintain a close watch on kids at all times if sparklers are going to be used. Burns are very common to the hands and face since sparklers do have flickers that come off once they are lit.

If you are using sparklers, after you are done with them, fire officials say to place them in a big bucket full of water, and let them sit overnight.

While setting off your own fireworks might seem fun, our Florida Criminal Defense Lawyers at Whittel & Melton want to remind everyone that the best way to stay safe while ringing in the New Year is leaving the fireworks to the pros. If you are caught with fireworks in the State of Florida it could lead to misdemeanor charges.

Under Florida law, the use of or possession of illegal fireworks is a first-degree misdemeanor. If you are accused of breaking this law, please be aware that you will be arrested. If you are convicted of this crime, you can be sentenced to up to one year in jail, given up to one year on probation, and/or fined up to one thousand dollars.

Published on: November 25, 2015

Avoid a DUI & Criminal Penalties Thanksgiving Weekend

by Whittel & Melton, LLC

Thanksgiving is a time of year when families get together to celebrate memories and honor traditions. However, this is also the time of year when law enforcement agencies gear up to catch drunk drivers on our roadways.

Most law enforcement agencies, receive federal grants to increase their staffing levels during the holiday season, which typically begins with the four-day Thanksgiving weekend and continues to New Year’s Day. Arrests for DUI are highest during this time period.

The following are a few tips that may prove helpful to avoid a Thanksgiving DUI:

Do not drink and drive. If you have been drinking, call a cab, a friend or use a ride share app like Uber or Lyft to get home safe. If you know you will be drinking, designate a sober driver to take you home.
If you are pulled over, do not talk to law enforcement about where you were or what you were doing. Remember, you have the right to remain silent until you have your lawyer present.
If you are involved in an accident, stop immediately and remain at the scene. Do not admit to anything and request to speak with a lawyer as soon as possible.
Do not fall asleep inside your vehicle. You could get arrested if the officer observes that you have the keys in the ignition or if the engine is running.
Drive cautiously. Police will be closely monitoring motorists for any mistakes they make. In particular, they will be on the lookout for motorists who may be driving too fast or too slow, or running red lights or failing to stop at stop signs.

Published on: August 28, 2015

Two Men Plead Guilty to Importing 24 Pounds of Flakka Ingredient in Broward County

by Whittel & Melton, LLC

Two men pleaded guilty Thursday to importing more than 24 pounds of the main ingredient in the street drug flakka from China to Broward County.

Federal authorities arrested a 25-year-old Orlando man and a 21-year-old Clermont man in June after they allegedly attempted to pick up packages from a shipping and mailbox store in Hollywood.

Homeland Security Investigations agents claim the packages contained the key ingredient for making the synthetic stimulant, which often causes hallucinations and psychosis.

The packages were apparently addressed to fake names and were intercepted while being shipped to commercial mailboxes in Weston and Hollywood, according to authorities.

The men apparently ordered large amounts of the drug to be shipped from labs in China and the conspiracy occurred from January to early June, according to the plea agreement.

According to reports, the men paid cash for mailbox services and used fake identities when they picked up the shipments.

At a federal court hearing in West Palm Beach, both men pleaded guilty to one count of conspiring to import the drug ingredient.

The charge carries a maximum punishment of 20 years in federal prison and a $1 million fine.

The drug has been linked to several deaths in South Florida as well as many incidents of bizarre behavior.

Federal law makes it a crime to traffic drugs. Drug trafficking charges involves bringing an illegal substance from another place within the United States to another. Special consequences apply to the importation of drugs-bringing drugs from outside the United States into the country.

The penalties for violating federal drug importation laws depends on several factors- the drug involved, the quantities seized, whether use of the drug caused serious bodily injury or death and whether the person convicted has any previous drug-related convictions. Regardless of the circumstances, all the penalties are quite severe. A first conviction for a just a small quantity of a controlled substance, where no injury or death results, carries a minimum of 10 years in prison and a hefty fine.

Published on: August 7, 2015

Pasco County Deputy Arrested for Trying to Meet Teen for Sex in Broward County

by Whittel & Melton, LLC

A Pasco County law enforcement officer was arrested Tuesday night after authorities claim he showed up to meet a 15-year-old boy for sex in Davie.

The 22-year-old Pasco County Sheriff’s deputy is facing a federal charge of luring or enticing a minor into sexual activity.

In early June, deputies believe the man and the teen started exchanging very graphic messages through an online service.

A deputy apparently took control of the teen’s phone in mid-July and began communicating with the man. The deputy pretended he was the boy.

Pasco County Sheriff Chris Nocco immediately fired the man, who was still a probationary employee because he had worked there for only about nine months.

According to investigators, the man had extremely explicit online conversations about sex with the teen.

In the next few days, the undercover deputy wrote that he replied to the man’s messages and told him he was a 15-year-old virgin.

The man allegedly asked the “teen” to meet him for sex and asked if the minor would be able to stay overnight at a hotel, according to court records.

The man arranged to meet the 15-year-old at 8 p.m. Tuesday night at Pine Ridge Plaza on State Road 84, according to authorities.

Davie police arrested the man when he showed up at the plaza in a black Ford F-150 truck and sent a message that he had arrived. Police searched the vehicle and apparently found an iPhone with some of the messages the two had exchanged.

The man allegedly told police that he messed up and knew he the boy was 15.

He is scheduled to be in court Friday for a bond hearing.

The investigation was conducted by Davie police detectives who work with the FBI’s Child Exploitation Task Force.

Local and federal law enforcement agencies routinely conduct undercover sting operations in which they have an officer pose as a minor in online chat rooms, social networking sites, and as this case shows, even on the other end of a text message conversation. When an adult arranges to meet with the undercover officer who they think is a minor, law enforcement agents will immediately arrest them.

Whatever your particular case may entail, the most important thing to know is that the charges you face are very serious. You are facing life-changing penalties if convicted, including significant fines, prison time for any attempt to actually meet a minor, registration as a sex offender and life-long challenges on your personal and financial well-being.