Criminal

Published on: January 14, 2014

Pasco County Criminal Defense Lawyer :: Retired Cop Shoots Man in Movie Theater for Texting

by Whittel & Melton, LLC

A 71-year-old retired Tampa police captain accused of shooting a man that was texting during a Mark Wahlberg war movie will be arraigned on a second-degree murder charge Tuesday in a Florida court.

The ex-Florida law enforcement officer is charged with gunning down the 43-year-old man and his wife with a .380-calber handgun, following a verbal and physical confrontation.

The man was pronounced dead at a hospital, and his wife was treated for a gunshot wound to her hand.

The man remains in Pasco County jail, and a judge will decide today whether or not to release the man on bail.

The retired cop was arrested at a movie theatre in Wesley Chapel, north of Tampa.
Police claim the retired officer shot at the man because he was texting in the movie theater before the movie started.

The former officer apparently asked the man to stop, but the man continued using his cell phone. He then left the theatre to complain to management before returning to his seat.

A verbal altercation apparently began between the two, which then turned physical, according to police reports. Then, the retired cop allegedly pulled out a gun and fired one shot at the man. The man’s wife was wounded in the hand as she grabbed her husband, according to police.

The suspect retired as captain from the Tampa Police Department in 1993, according to a spokeswoman for the department.

Murder or homicide is defined as the unlawful killing of another human being. Second-degree murder charges often arise after a death that occurred in the heat of the moment, meaning it was not intentional or premeditated. In order for the State to obtain a conviction for murder in the second degree, the prosecution must prove three elements beyond a reasonable doubt:

1. The victim is dead.

2. The death was caused by the dangerous criminal actions of the defendant.

3. The victim was unlawfully killed by a dangerous act that displays a blatant disregard for human life, even if the act was a mistake.

A second-degree murder charge is classified as a first-degree felony in the state of Florida. A conviction carries a mandatory minimum prison sentence, and a judge can also impose additional penalties including up to life in prison, up to life on probation and up to $10,000 in fines. These consequences are significantly increased if a firearm is used. Under Florida’s 10-20-Life law, any person that uses a firearm to commit second-degree murder will be sentenced to a mandatory minimum of 25 years behind bars.

Published on: January 13, 2014

Pinellas County Federal Criminal Defense Lawyer :: Largo Woman Receives Four Year Sentence for Tax and Student Loan Fraud

by Whittel & Melton, LLC

A 44-year-old Largo woman was sentenced to four years in federal prison on Thursday for defrauding student financial aid and filing false claims with the Internal Revenue Service. Additionally, the Court also ordered her to pay restitution to the IRS, in the amount of $110,971, and to the Federal Stafford Loan Program, in the amount of $22,350.

The woman pleaded guilty to the charges against her on October 10, 2013.
Court documents indicate that the woman had previously obtained several student loans with outstanding balances, then had the balances dismissed due to a disability. She apparently managed to procure additional student loans by submitting forged physician forms stating that her condition had improved, and agreeing to repay her past loan balances.

The woman then applied for further student loans to attend Walden University, which court documents show she did not attend. She received more than $27,000 in loans, from which a total of $22,350 was disbursed to her.

In connection with the IRS, the woman apparently established four fictitious Florida corporations and then filed corporate tax returns claiming more than $500,000 in refundable tax credits. She opened bank accounts in the names of the corporations, where the refunds were directly deposited.

According to reports, the woman used the refunded tax credits for personal expenses.
She admitted that these corporations were created just to file false corporate tax returns and were not legit businesses.

The Internal Revenue Service, Criminal Investigation and the U.S. Department of Education and the Office of Inspector General all investigated this case.

The Internal Revenue Service, or IRS, has seemingly unlimited resources at its disposal when it comes to investigating tax crimes. These investigations often start out as civil matters, but can quickly intensify to criminal matters based upon the evidence they obtain. Tax fraud can legally be defined as many different things, including reporting false income, not disclosing certain assets, reporting more deductions than you are actually owed and even changing personal expenses to be represented as business expenses.

Published on: January 10, 2014

Ocala Criminal Defense Lawyer :: Two Men Charged with Trafficking Cocaine and other Drug Charges

by Whittel & Melton, LLC

Police arrested two men on Thursday for allegedly trafficking cocaine and a slew of other charges following a routine traffic stop.

Members of the Marion County Sheriff’s Office Tactical Investigations Unit apparently witnessed a driver not utilizing proper signals in the 4000 block of West State Road 40. Police claim the vehicle was weaving, swerving and crossing the fog line multiple times. Detectives pulled the driver over in the 7000 block of the highway and allegedly seized drugs and firearms.

According to officials, they detected a strong odor of marijuana coming from the car and that one of the occupants seemed nervous. The men were asked to exit the vehicle.
While authorities were searching a 28-year-old Ocala man they allegedly found two clear plastic bags containing marijuana, according to the arrest report.

Detectives claim they recovered two loaded firearms and 42 grams of cocaine from inside the vehicle. Reports indicate that one of the guns found, a Springfield Armory Model XD, had been reported stolen.

The Ocala man told a detective he had purchased the Springfield for $140. He apparently denied ownership of the second gun, an H&R Inc. Gardner Model 632, or the cocaine.

The man was charged with trafficking cocaine, carrying a concealed weapon, possession of a firearm by a convicted felon, possession of a firearm during the commission of a felony and possession of marijuana less than 20 grams.

The driver of the car, a 19-year-old Ocala man, was also was arrested. He was charged with armed trafficking of cocaine, possession of a firearm during the commission of a felony and carrying a concealed weapon.

Trafficking cocaine is classified as a felony in Marion County and throughout the state of Florida. Police and prosecutors usually seek maximum sentences in drug trafficking cases. In order to obtain a conviction, prosecutors do not have to actually prove that the defendant intended to sell or distribute cocaine, just that there was enough of the drug in the person’s possession that could indicate it was to be sold. This is an offense that is not taken lightly and the penalties attached could significantly impact your future, and not for the better.

Published on: January 6, 2014

Volusia County Criminal Defense Lawyer :: Daytona Beach Police Continuing Crackdown on New Year’s Gunfire

by Whittel & Melton, LLC

Law enforcement officers in Daytona Beach continued their crack down on celebratory New Year’s Eve gunfire this year.

For the eighth year in a row, men and women from the department were out in full force detaining those suspected of firing weapons.

This year, police arrested two men who allegedly fired weapons into the air.

Police claim that once the clock strikes 12, otherwise responsible citizens think it is OK to do things that are not acceptable to do the other 364 days a year. Celebratory gunfire into the air is one of the most common offenses on New Year’s.

The Daytona Beach Police Chief issued this statement: “Going outside and firing off your AK-47 to celebrate the New Year is a good way to get yourself locked up. You know, what goes up must come down.”

In 2006, a man was killed after a stray bullet hit him during celebrations in Orlando. A bullet fired into the air can fall to the ground with enough speed to deliver severe injuries or even death.

Firing a gun into the air is a third-degree felony that can carry a sentence of up to five years in prison. However, it can be difficult to prosecute people who fire guns in the air to celebrate. In fact, a Daytona Beach man arrested last New Year’s for allegedly firing guns, has yet to be tried in court.

Police claim the man was arrested last year for allegedly firing assault-style weapons from a home on School Street. No one was hurt by the stray bullets. He was only charged with carrying a concealed weapon and his case still has not made it to trial.

When it comes to these types of cases, police and prosecutors must prove that the accused fired a weapon into the air. This can be difficult to prove if the arresting officer did not witness the suspect actually discharging the firearm. Regardless, weapons charges are quite serious criminal allegations that should not be taken lightly. If convicted of weapons charges, the penalties can be very harsh.

Published on: January 4, 2014

Hernando County Criminal Defense Lawyer :: Two Deputies Accused of Stealing Money in Separate Cases

by Whittel & Melton, LLC

Two former Hernando County Sheriff’s deputies are now facing criminal charges in separate cases.

One is accused of stealing money meant for the family of a deputy that was killed and the other is accused of stealing taxpayer dollars.

Both Deputy Michael Glatfelter and Sergeant Joseph Reid resigned before they were booked into the Citrus County Jail.

They both posted bond.

Glatfelter is the former treasurer of a local Fraternal Order of Police. He allegedly stole more than $1,000 from a memorial fund selected to go to the family of Deputy Scott Bierwiler, a Hernando County deputy who was killed in a car accident while on his way to work in 2009.

The FOP has apparently changed its policies to make sure similar incidents do not happen in the future.

A separate case centered on a former sergeant, Joseph Reid, alleges the man stole up to $1,500 from the VICE unit as far back as 2011.

Law enforcement officers are exposed to many illegal substances, large amounts of cash and other illegal activities due to the nature of their work and their environment. Anytime suspicion arises regarding an officer’s behavior, there is a lot on the line. Not only could criminal charges be filed, but the officer’s reputation and career are also at stake.

If convicted of a theft crime, these two officers could face much more than just hefty fines and the loss of their jobs; they could be forced to spend lengthy time in prison. Even if they are not found guilty, their professional and personal reputations may be permanently tarnished.

A Hernando County Criminal Defense Lawyer at Whittel & Melton can help you defeat any type of criminal charge stacked against you. As former prosecutors, we know the strict penalties that law enforcement officers face when accused of crimes. We can thoroughly inspect the allegations against you and work to help you overcome any criminal charges so that you achieve the most favorable outcome possible.

Published on: December 30, 2013

Duval County Criminal Defense Lawyer :: Jacksonville Insurance Salesman Pleads Guilty to 15-Year Ponzi Scheme

by Whittel & Melton, LLC

A Jacksonville insurance salesman pleaded guilty to a 15-year scam in federal court Friday. Reports suggest that more than 50 people were bilked out of nearly $5 million.

Prosecutors claim that the investments the man promised large returns on were actually a Ponzi scheme that he used to buy commercial property, luxury cars and other items.

The 49-year-old man faces up to 80 years in prison, a fine of over $1 million as well as paying restitution to the victims involved in all 34 counts of the federal grand indictment.

Court records indicate that many of the victims were Duval County School Board employees who invested money from their Deferred Retirement Option Program, also known as DROP. There were also out of state investors in Georgia and North Carolina.

The man pleaded guilty to two counts of mail fraud, one count of wire fraud and one count of money laundering. All other charges were dropped.

The man remains free pending a sentencing hearing, which has yet to be scheduled.

Court records claim the scheme started in 1996 when the man set up a shell corporation, Abaco Securities International, in the Turks and Caicos Islands, British West Indies, as a fake offshore investment company. The man was listed as the director of the company, but the only location was a post office. The man solicited his victims to invest their retirement savings in an investment product he described as ASI and promised interest rates sometimes exceeding 12 percent.

While some of the money was sent to a financial services company where the man had told his investors the retirement money would be invested, prosecutors claim the majority of the funds were deposited into SunTrust accounts set up by the man and then stolen by him. This apparently lasted until 2011.

A Ponzi scheme, also known as a business or investment pyramid, is defined as an investment plan where early investors are paid with the investments of later investors. While the plan may have started out legitimately, with everyone intention of delivering appropriate funds to investors, somewhere down the line the manager of the funds found that the investment strategy could not meet its goals, and in order to meet the demands of initial investors, used the money from later investors to pay early backers.

Due to the large sums of money involved in Ponzi schemes, these criminal cases are usually tried in federal court. They often include charges of mail fraud, wire fraud and money laundering. When Ponzi schemes are uncovered and a person faces criminal charges in federal court, it is not surprising to find out that law enforcement has been investigating them for months, possibly for a year or more.

Published on: December 26, 2013

Alachua County Criminal Defense Lawyer :: Gainesville Kindergarten Teacher Arrested on Drug Charges

by Whittel & Melton, LLC

An Alachua County kindergarten teacher was arrested last week after police allegedly found a pound of marijuana in her home.

Police claim they uncovered the marijuana throughout several rooms of the woman’s home, according to an arrest report.

Police allegedly found hash oil stored in their freezer as well as paraphernalia such as grinders, a scale, a heat sealer and rolling papers.

The woman and her 27-year-old husband had a 28-year-old California man visiting their home at the time police entered with a search warrant. The man apparently told police that all of the cannabis found in the living room of the house was his.

All three residents of the home were charged with possession of marijuana with intent to sell and possession of drug paraphernalia. The woman and her husband were additionally charged with keeping a shop or vehicle for drugs.

All three were released Sunday from the Alachua County jail on $1,000 bond.

The marijuana charges this woman faces could lead to a felony conviction that can carry consequences of up to five years in prison and $5,000 in fines. It is important to understand that possession with intent to sell can be charged whether or not the person sold an illegal substance. All it takes for police to tack on this charge is for there to be a large quantity of drugs in someone’s possession that is deemed too much for personal use.

Drug charges are no laughing matter, and no matter the type of felony charge, a conviction can leave a permanent stain on someone’s personal record. This can interfere with your personal and professional reputation in the future and close the door on lots of opportunities. Even after serving a prison sentence, a person previously convicted of a felony can face hardships obtaining suitable housing, employment and even loans.

Published on: December 18, 2013

Palm Beach County Criminal Defense Attorney :: Lake Worth Man’s Instagram Selfies Leads to 142 Felony Charges

by Whittel & Melton, LLC

A 19-year-old Lake Worth man’s Instagram selfies caught the eye of a Palm Beach County Sheriff and eventually lead to his arrest.

The officer noted that the man had a criminal record that included grand theft, burglary and felony possession of a firearm, so the deputy apparently decided to look more closely at the pictures.

Police claim the problem was the man was posting very public pictures of him holding a gun. In the state of Florida, convicted felons are not allowed to possess firearms, and the 19-year-old is a convicted felon.

Authorities obtained a search warrant for his Lake Worth apartment and allegedly uncovered stolen jewelry, electronics and firearms, valued at nearly $250,000. According to reports, police uncovered numerous pieces of jewelry such as watches, charms, necklaces and loose diamonds, as well as two stolen firearms.

By the time police were done searching the man’s home, they had charged him with 142 felony counts of being in possession of a weapon or ammo.

Police allege that the man was the ringleader for a group called the “dinnertime burglars,” which they claim is responsible for dozens of burglaries targeting senior citizens in Palm Beach.

When filling out the arrest report, officers said they asked the man what his occupation was, and he allegedly replied “Thief.”

The man is currently behind bars with bail set at $60,000. His Instagram page is no longer active.

Social media sites, like Facebook, Twitter and Instagram, allow people to keep tabs on their friends, acquaintances, celebrities and even make new friendships. However, the convenience of being able to constantly stay connected to people comes with a price. In the case of social media, this means that someone is always watching, and that includes law enforcement.

Instagram allows you to post pictures of anything going on in your life and essentially anything that interests you. You can easily notify your friends and followers about everything from what meal you just ate to the new car you just purchased. It is very important to understand that electronic media is always being monitored and government agencies are quick to use technological advancements to observe and track any suspicious activities on the Internet.

Published on: December 17, 2013

Palm Beach County Criminal Defense Lawyer :: FAU Employee Accused of Filming Men Urinating in Campus Bathrooms

by Whittel & Melton, LLC

A 40-year-old Florida Atlantic University employee is accused of secretly filming other men with his iPhone while they urinated in campus bathrooms, then posting the videos to pornographic websites, according to Palm Beach County police.

The university library staff member allegedly filmed the exposed genitals of 13 males as they urinated.

The men on the films apparently did not know they were being videotaped.

One of the men in the films, a 26-year-old student, started the investigation by clueing police in to a video posted of him on an adult site that showed him using the bathroom.

The student went to FAU police on June 20. He told detectives that a 30-second video of him had been posted to Pornhub.com by somebody with the username JERKING_BUD.

Police apparently retrieved campus surveillance video and started following a digital trail, which lead to a search warrant being executed at the Lake Worth man’s home on Aug. 14, where police seized various items, including a laptop computer that allegedly stored “hundreds” of voyeuristic videos.

The man was immediately placed on administrative leave, and two days later, he resigned from his position as a coordinator of academic support services in the FAU libraries. He had been an FAU employee since 2002, according to a university spokeswoman.

Subpoenas were sent out to Pornhub.com, Yahoo! and AT&T as part of the investigation.

Pornhub.com apparently told police on June 28 that a video of the student urinating was posted on June 4 and garnered 3,106 views, according to reports. It was one of 17 videos posted to the same profile.

From the subpoenas, police claim they discovered that an email used on the FAU network was used to access the porn sites.

Police claim that during an interview the man confessed to using his iPhone to secretly record numerous people, including himself. The man allegedly recorded other men masturbating as well.

The man was charged with 13 counts of video voyeurism and four counts of video voyeurism dissemination.

State records indicate the man has no prior arrests. He was booked into the Palm Beach County Jail Tuesday afternoon, and was released later that night after his bail was set at $51,000.

The laws in Florida make it illegal to watch, film or photograph a person in a private area without their consent. A private area can be defined as a bathroom, gym locker room or any other area that someone has a reasonable expectation of privacy.

Published on: December 13, 2013

Pinellas County Federal Criminal Defense Lawyer :: St. Pete Property Owner Facing Criminal Charges for Failing to Notify Tenants of Lead Paint

by Whittel & Melton, LLC

A 56-year-old St. Petersburg property owner was recently indicted on charges that he failed to make tenants aware of the dangers of lead paint in their apartments, according to the U.S. Attorney’s Office in Tampa.

The Tierra Verde man has been charged with four counts of failing to provide approved Environmental Protection Agency lead paint warning notices and brochures to his tenants and two counts of alteration or falsification of records in a federal investigation.

Federal investigators became suspicious of the man after they allegedly found lead in the paint and soil at a property just west of Crescent Lake during a renovation in 2011.

The man apparently owns the property under his management corporations. According to federal EPA guidelines, the landlord must make sure tenants are aware of all possible dangers linked to lead paint before leasing.

According to the indictment, the man backdated disclosure forms when the EPA began investigating him in order to delay the investigation.

If convicted, the man could serve a maximum of one year in prison for each count of failing to provide a warning notice and up to 20 years for each count of falsification of records.

St. Petersburg officials claim the man is well known in the area because his nuisance issues have resulted in thousands of dollars in fines for various properties he owns.

Altering, deleting, destroying, erasing or modifying any business record with the intent to defraud can result in falsification of records charges. These charges are quite serious and can lead to jail time, fines and other penalties. If you are under investigation for or believe that you will be charged with alteration or falsification of records in a federal investigation, it is in your best interests to speak with a criminal defense lawyer as soon as possible.