Crime

Corporate Crime in America – The Justice Department Releases New Guidelines

judge-speaking-to-criminal The financial crisis caused millions of Americans to lose their jobs, which led to home foreclosures. Public outcries demanded the bankers responsible for the crisis be held responsible. Since then, the Justice Department has only convicted one high-level banker. This may be because the Justice Department’s efforts to charge financial criminals have failed.

Dewey & LeBoef Mistrial

The Dewey & LeBoef trial spent four months in the courtroom, followed by 22 days of deliberation. The complexities of the Dewey & LeBoef case overwhelmed the jurors to the point that they could not reach a verdict. Raising concerns that financial crime has reached a level the law itself cannot touch.

Hedge Fund Managers Acquitted

Manhattan’s District Attorney brought a case against two hedge fund managers. He charged the Bear Stearns managers with misleading their investors. The jurors had difficulty understanding what the fund managers had done. Thus, the jury acquitted both managers.

Tyson Foods and Pfizer Pay Hefty Fines

In 2011, to avoid prosecution for bribery, Tyson Foods agreed to pay a $4 million fine. In 2009, one of Pfiizer’s subsidiaries pled guilty to bribing physicians. Although no charges were filed, Pfizer did pay a $2.3 billion fine.

Prosecuting Corporate Crime

The Justice Department released new guidelines for prosecuting corporate crime. One of the most significant changes is that the department intends to focus on the individual. Deputy Attorney General Sally Q. Yates states that people commit crimes. These people should be held accountable for their actions. She also states that the public needs to be confident that there is one justice system. A single system that applies to crimes that occur on the street, as well as crimes in a boardroom.

If you live in Los Angeles and you are accused of a white-collar crime, contact an experienced criminal lawyer at the Law Offices of Lawrence Wolf. Call now at[number type=”1″], or visit our website today.

Under Prop 47, Nonviolent Criminal Felony Records Can Now Become Misdemeanors

jail-door-300x161 In the 1970s, a wave began to develop throughout our United States to enact tougher laws, even for nonviolent crimes. Our prisons became overloaded with American citizens and expensive to run. This is why California’s Proposition 47 came about.

Implementation of Prop 47

In past decades, individual states continued to strengthen their criminal justice laws. They made previous misdemeanor crimes felonies. Their enforcement meant longer years of incarceration for individuals who committed these crimes. For example, in some states stealing products from a store with a value of $500 was a misdemeanor and $1000 was a felony. The new laws dropped the amount stolen for a felony down to $500. This caused more individuals to be imprisoned.

Reclassifying felonies

Proposition 47 reclassified low level property damage and drug offenses from felonies to misdemeanors. Many prisoners were able to have their time incarcerated shortened. It kept many more individuals from being sentenced to prison time.

Effects of Prop 47

Many repeat offenders were subject to the three strikes law. This means that anyone who has three felonies could be incarcerated up to life in many states, including nonviolent offenders. Since Prop 47 reduces many of these offenses to misdemeanor charges, the three strikes law will not be nearly as prevalent. It does not apply to violent crimes.

Finding descent employment and a place to live is usually very difficult. Being able to hold a business license is almost impossible. Thanks to Proposition 47, individuals such as Sholonda Jackson from San Francisco, California, who suffers with the daily agony of not being able to move past her felony records, soon will be able too. She, along with many others, will get a second chance.

For help in lowering your felony criminal record to a misdemeanor, reach out to the Law Offices of Larry Wolf. Call now at [number type=”1″], or go to our website today.

White-Collar Crime Statistics Report: Prosecutions Hit 20-Year Low

Businessman Being Arrested

Federal prosecutions of white-collar crimes are down by 29 percent from just five years ago and have hit a 20-year low, according to a report based on Justice Department records. Since the Clinton administration, prosecutions have declined by more than 36 percent, with a brief increase following the financial crisis of 2008, International Business Times reports.

In analyzing thousands of Justice Department documents, researchers at Syracuse University found that the federal government prosecuted 5,173 cases of white-collar crime during the first nine months of 2015. That number represents a decrease of about 4,000 cases from 10 years ago, according to The National Law Review.

Facts Behind the White-Collar Crime Statistics

The decreased number of prosecutions may not represent a drop in white-collar crime, according to the Syracuse researchers. Instead, the decrease may echo changing policies on enforcement by different presidential administrations and government agencies.

A recent study from the George Mason University School of Law found that between 2007 and 2011, agreements for deferred prosecution and non-prosecution were used to resolve 44 percent of cases. Prior to 2003, the Justice Department rarely offered such agreements. The special agreements allow corporations and executives to avoid prosecution.

Additional Reasons for Prosecution Decrease

Justice Department budget cuts may have affected the number of prosecutions of white-collar crimes over the past several years. In 2011, the department employed 1,566 people. However, the number of employees dropped to 1,325 by 2015, a reduction of more than 15 percent. In addition, expenses for overtime, travel and consultants — necessary for carrying out complex white-collar prosecutions — also have been cut.

For more information about white-collar crime statistics, contact experienced criminal defense lawyers Los Angeles. Call now at [number type=”1″], or go to our website: www.youareinnocent.com

Local Crime News: Los Angeles Sees Increase in Violent Crime

Image of police officer arresting dangerous criminal

During the first months of 2015, crime in Los Angeles has rapidly increased, with robberies up 19% and felony assaults up 26%. The change is alarming, but the reasons are not surprising.

In the view of criminologists, the explanation is simple—sometimes trends take hold despite of what the police force is doing. Some criminologists observe, more specifically, that violent crime in cities like L.A. may have dropped so deeply in recent years that the numbers have nowhere to go but up.

It is also possible that the rise can be partly attributed to the L.A. Police Department’s crime numbers being more accurately reported. This makes sense after the investigations of the Department’s 2014 crime numbers revealed 1,200 violent assaults were mislabeled as misdemeanors–the mislabeling made crime appear to be decreasing when, in reality, it had increased by 14%.

There are also broader national trends that are influencing L.A.’s crime rate. In downtown L.A. specifically, the wide disparity between wealthy individuals and low-wage income earners has made inner city life more suffocating. Housing in Los Angeles is now the most expensive in the nation, and gentrification is forcing the poor out of their neighborhoods with nowhere else to go. Those living in these miserable conditions are prone to develop depression and commit crimes, both violent and non-violent.

Moreover, the crime increase in Los Angeles does not appear to be rooted in any surprising explanations. The bottom line is that income inequality, declining social services, widespread poverty, and crime are all resurfacing together after years of peace and quiet.

For now, it is clear that the best way to deal with criminal behavior or crimes being committed against others is to contact a Los Angeles criminal lawyer for help. Call now at [number type=”1″], or go to our website: www.youareinnocent.com

Car Theft Prevention: California Thieves go High Tech to Steal your Ride

car-theft-300x225 Ahh, technology, the reason we’re cool in summer, connected to long lost crushes on Facebook and….hey, where’s my stuff? Thieves in California are turning to technology to steal the items you’ve secured in your car – and sometimes even the car itself, according to recent reports and warnings from the LAPD.

How Thieves Break into Cars

The electronic key fob that allows you to unlock your vehicle from afar also makes it easy for tech savvy thieves to gain access to your car, according to the LAPD. An inexpensive device called a power amplifier may be to blame for many recent break-ins. The device works by making an electronic bridge between the key fob and car – even when the fob is out of normal range.

By targeting cars that are parked nearby their owners, criminals simply point and click their way into the items stored inside. The proximity of your car to your keys when you are inside your home makes it easy for a power amplifier to boost the signal your key fob emits – and unlock the car in just seconds.

Officers from the LAPD point to a 35% increase in car break-ins this year and blame power amplification devices for the boost in these types of crimes. California car owners are at risk simply because they have a key fob and park their vehicle in their own driveway.

Car Theft Prevention: Put your Keys on Ice, Literally

How can you protect yourself from theft? Blocking the amplification device is a must. Short of building your own DIY Faraday cage, the easiest way to prevent high tech break-ins is in your own kitchen. Storing your keys inside the refrigerator or microwave will block any signals and prevent thieves from using a power amplifier to access your car. The thick metal lining of these appliances is enough to block the signal and protect your ride.

If you or someone you know has been accused of a crime – high tech or otherwise – our criminal defense team is here to help. A California criminal defense lawyer at the Law Offices of Lawrence Wolf can help you during this time. Protect yourself when you need help the most; call now at [number type=”1″], or go to our website: www.youareinnocent.com

Three Strikes and You’re Out: Is This Criminal Law Justice?

criminal-handcuffs-300x200 With an increasingly crowded penitentiary system and many offenders serving life in prison for nonviolent crimes, more and more critics of America’s current legal system – including California criminal defense lawyers– have been questioning the usefulness of the three strikes law in today’s society.

The Law

Though its name is largely self-explanatory in nature, California’s Three Strikes Sentencing Law isn’t quite as straightforward as it sounds. It mandates that anyone convicted of a second felony be sentenced to twice the sentence that a first would incur. For a third, the sentence must be at least 25 years, and possibly as long as life.

In 2012, the passing of Proposition 36 amended the law to state that only a serious or violent prior felony would qualify offenders for the 25-year-to-life sentence, and those currently serving a third-strike sentence for felonies that no longer apply might petition the court for a reduced sentence.

A Poor Rationale?

Despite the recent amendments, some still question the legitimacy of this law. In the case of violent repeat offenders, lawmakers and the public are slightly less divided. But what about cases where no violence is involved, or worse, sting operations? A story about a Louisiana man illustrates this case well.

Fate Winslow sold an undercover officer a dime bag of marijuana, at the officer’s request, and is now serving life in prison because he had two previous convictions. Though illegal, the crime was far from a violent offense. As reported by KTBS, “Critics have long argued Louisiana’s habitual offender law, coupled with mandatory minimums, have disproportionately affected black males and lead to jail overcrowding.”

Not Just a Problem for the Convicted

While many citizens and lawmakers may not be concerned about the fates of the convicted, everyone should be concerned about overcrowding. As of 2010 it cost more than $31,000 to keep someone in prison for a year.

More importantly, though, some question the right of society to lock people up indefinitely for nonviolent crimes. Moreover, as stated above, profiling ensures that the three strikes law is often unfairly used against certain subsets of the population.

If you are a victim of the three strikes law and wondering how a California criminal defense lawyer can help your case, call now at [number type=”1″], or go to our website: www.youareinnocent.com to learn more about your options.

Essential Reform of White Collar Crime Law and Sentences in the Works

White-Collar-Crime-300x199 As initially reported by Forbes contributor, Walter Pavlo, the United States Sentencing Commission is working on making much-needed adjustments to laws concerning white collar crime. All of the changes have an impact on the Federal Sentencing Guidelines judges currently use as a guide. The white collar crime law change recommendations were finalized and delivered to Congress for their review process. If members of Congress approve the changes, the sentencing guidelines will apply to cases heard in court after the 1st of November 2015.

Economic Impact Weight

The original sentencing guidelines laws looked at the total value of the economic impact made by white collar criminal acts, including fraud, identity theft, and money laundering. Most of the loss table changes were updated to reflect the total amount of inflation since the laws’ original inception. White collar crime examples that occur today tend to far exceed the given guidelines, leaving judges unsure about how to proceed during sentencing. Although the Department of Justice and groups against mandatory minimum sentencing opposed the changes, other governing officials felt the economic updates were completely necessary.

Victim Tally Considerations

On the other end of the spectrum, judges looked at the victim tallies to see how the crimes affected the community as a whole. Crimes that had an effect on a large number of individuals came with stiffer sentences than ones that bankrupted just a few key people. New sentencing guidelines allow judges to step back a bit and examine the actual impact on each victim to gauge the severity of the white collar crime examples. Judges will also weigh actual intent while determining the right sentencing range to apply for each crime.

Future Alteration Forecast

Individuals opposing this change urge court system officials to view long prison sentences for non-violent offenders in a new light. The opposing forces do not want the current state of long sentencing for drug charges and other forms of non-violent crime to act as a benchmark for white collar crime law changes. Instead, these individuals urge lawmakers to reconsider the state of the justice system all around to incite sentencing changes for all non-violent criminals. In particular, the way first time offenders are harshly sentenced is being scrutinized as an unnecessary measure with little to no positive impact.

Individuals in need of criminal defense in Los Angeles should not hesitate to contact a qualified legal representative. To speak to a criminal defense attorney, call us now at [number type=”1″], or head over to our website atwww.YouAreInnocent.com.

Mayor Plans to Stem Rise in Violent Crime Rates

police-do-not-cross-300x200 Safety is the focus of Mayor’s Eric Garcetti address about combating rising violent crime in Los Angeles given at the Valley Performing Arts Center. With more accurate reporting, a clearer picture of violent crime in Los Angeles has developed. Garcetti spoke of the deaths of unarmed black men in “Ferguson, Staten Island, and now, North Charleston” and mentioned the body-camera program for Los Angeles police officers. Community building and anti-gang initiatives appear to be how the Mayor will attempt to reduce the 14.3 percent spike in violent crime rates.

Trust and Safety
Stuart Waldman, president of the Valley Industry and Commerce Association, called the mayor’s address “safe.” The priority placed on public safety is necessary to the people of Los Angeles and the businesses that cater to the community. According to Waldman,“If people don’t feel safe, they’re not going to shop, and businesses are going to move away.”
It is important to note that the Mayor’s second address was given during a lead-up to re-election in 2017, a few days before releasing the city budget and while contract negotiations were underway.
The Mayor’s Approach
In his 2015-2016 budget, an additional $5.5 million has been earmarked for the Los Angeles anti-gang program and the “Summer Night Lights” anti-gang initiative will undergo expansion. Jaime Regalado, emeritus professor of political science at Cal State L.A., credited the Mayor with the renewed focus on community policing and believes that the mayor will be harshly criticized if he fails to reduce crime statistics.
A Lack of Manpower
There will be no new hires in the police department. Instead, Jeff Millman, Garcetti spokesman, says that police offers will be shuffled around. During this period, the LAPD’s Metropolitan Division, that which supervises city policing, will almost double.
Coral Itzcalli, spokesperson for SEIU Local 721, said the union desires more hires and states that “We can’t get back to basics without basic services.”
A Seasoned Attorney Can Help
The new classification system can change sentences for aggravated assaults and violent crimes. Know your rights if a victim of or accused of a violent crime. For over 40 years, the law offices of Lawrence Wolf have been practicing criminal law while serving the needs of the Los Angeles community. Speak to an experienced criminal attorney in Los Angeles, California at the Law Offices of Lawrence Wolf. Call now at [number type=”1″], or go to our website: http://www.youareinnocent.com.

Mandatory Minimums for Campus Rape Could Come to California

According to Reason.com, California state legislators are considering a new bill which would impose a two-year mandatory school suspension for any student convicted of a sexual assault by a campus disciplinary hearing. Das Williams (D) introduced the first-of-its-kind bill to address concerns that the state’s academic institutions are not taking on-campus sexually-based assault seriously enough. Currently, 11 universities and colleges in California are under federal Title IX investigations for the way they have handed previous sexual misconduct cases. The proposed bill would affect all of California’s private and public institutes of higher learning accepting government-funded financial assistance for their students.

William’s bill comes on the heels of the “only ‘yes’ means ‘yes’” affirmative response sexual consent legislation passed in 2014. The 2014 law requires “ongoing, enthusiastic, affirmative consent” throughout a sexual encounter, without the need of accuser to outright verbally refuse sexual activity. The affirmative response sexual consent law has been highly criticized for being impractical, and for switching the burden of proof from the accuser, to the accused.

While a school suspension may seem to be an inadequate punishment for a sexual crime, the proposed bill, combined with the affirmative response sexual consent legislation, may lead to punishment for activities which are considered legal outside of an academic setting. Opponents of the bill claim imposing mandatory minimums for all cases is inappropriate, and suggest any accusation of a sexual assault should be handled by the police and the court system, instead of campus security and the institution’s disciplinary board.

Even supporters of stricter on-campus sexual assault guidelines have their own doubts about the proposed bill.

Daniel Carter, who works with victims of sexual crime through the VTV Family Outreach Foundation, thinks passing the bill may reduce the number of reported sex crimes on campus. Carter feels William’s bill is well-intended, but fails to take into consideration the complexities of campus sexual assault, along with the mindset of many rape victims. He believes the first concern of lawmakers and educational institutions needs to be the welfare of the victims.

The slippery slope of defining a sex crime can affect even well-intended individuals. If you find yourself accused of sexual misconduct, you need to speak with a California criminal defense lawyer as soon as possible. The Law Offices of Lawrence Wolf has been defending the rights of the accused for over 40 years. Call now at [number type=”1″], or go to our website.

Changes to California’s 3 Strikes Law and What they Mean for Repeat Offenders

Thrown in jail for life over a pair of stolen socks — or a pilfered slice of pizza? That’s what happened to at least two men in California, thanks to the state’s tough 3 Strikes Law. According to the Stanford Law Review, California’s Three Strikes Law came about partly in response to the horrific murders of young Polly Klass and Kimberly Reynolds in the early nineties. While well intentioned, the law has had devastating circumstances for those whose third strike was a petty crime – in some cases imprisoning people over a minor theft of a $5.00 item. This one size fits all approach was reviewed and changed as lawmakers realized the devastating consequences the law could have to petty and non-violent offenders who faced life in prison over a relatively minor offense.

In response to this growing problem, voters in California chose to give judges more leeway and discretion and the ability to weigh the crimes – and punishment in question. While some groups protested that this decision would cause an increase in criminal acts and the release of major offenders who were a threat to others, recent statistics reveal that the reform is working.

Prisoners released in response to this new law show a much lower recidivism rate than those in the general population. Intensive exit counseling may contribute to the lower rate, according to representatives of the Amity Foundation, speaking to the New York Times. The new, more balanced approach to repeated criminal activity is designed to make sure the punishment truly suits the crime; even if it is a third strike; it also helps reduce the burden on an already crowded and increasingly violent prison system.

Concerns about overcrowding and increased violence within California’s penitentiary system and reports of outrageous sentencing based on the original, inflexible 3 Strikes Law, led to the changes. Petty theft, lower lever drug crimes and other “victimless” non-violent crimes are most likely to be impacted by the revised bill, while judges still can and do throw the book at hardened, violent offenders who are a risk to the general populace.

Changes in this law have already taken effect, so if you have been sentenced harshly under the original terms or have concerns about an upcoming case, an expert California criminal defense lawyer can help. The legal experts at the Law Offices of Lawrence Wolf can help if you have been charged with a crime and need expert legal representation. It has never been more critical to get a good outcome in your criminal case, since a conviction would count as one of your “3 Strikes” and could still potentially lead to overly harsh penalties. Contact us today at [number type=”1″] for a free consultation.