Lawrence Wolf - Part 36

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.

California Family Court Has No Duty to Warn Against Perjury

The situation often arises where an attorney has a client in a spousal or child support hearing who is called to testify as a witness regarding their ability to pay their wages in substantiation of support payments. Recent cases have shown that it is prudent to advise one’s client of his rights against compelled self-incrimination, as established by the Fifth Amendment and the ramifications of perjury because the family court has no legal obligation to issue such warnings during the proceedings.

Authority was established in People v. Berry, C.A. 4th No. D0114717 (91 Daily Journal D.A.R. 6604), where it was held that a family court does not need to inform a parent in family court of his Miranda rights before testifying.

In that case, the father, Michael Berry, was in a child support modification proceeding where his payment was reduced and set to be taken from his wages. At a later hearing, he testified under oath that the money was being taken from his pay although the County had no record of receiving it.

When testimony showed that those statements were false, he was subsequently tried and convicted for perjury. He appealed claiming that his appearance on an “Order to Show Cause” created a duty on the part of the court to advise him of his Fifth Amendment rights before he testified. He contended that since any testimony that showed noncompliance with the original order might subject him to contempt proceedings, the family court review hearing should be considered the equivalent of a criminal matter.

However, since there were no circumstances present that would have indicated to a judge that Berry was giving anything but truthful testimony, it was held that the court was under no duty to advise Berry of his Fifth Amendment rights.

Los Angeles Traffic Ticket Defense Temporarily Foolproof

Since precedent has shown that traffic court will favor radar over an alleged violator’s testimony, it is no wonder that few people even attempt to contest a radar traffic ticket.

However, there is now a new strategy for fighting these tickets – a strategy that is guaranteed, especially in some Los Angeles courts. According to Vehicle Code Section 40802, a speed trap – which is illegal – is defined as “as any section of highway where a radar device is used when there is no engineering and traffic survey conducted within five years prior to the date of the alleged violation.”

In other words, in order for a radar device to be legally used, an engineering survey of the roadway must have been conducted within the last five years. If not, then the court cannot receive any testimony regarding the violation.

The last speed survey for some Los Angeles areas was done June 1, 1986, therefore, at the present time, no testimony can be taken regarding those tickets.

Irvine Eagle Scout Sentenced in Theft Case

In a story that illustrates that even our most trusted and accomplished citizens are not exempt from committing crimes, an 18-year-old Irvine Eagle Scout arrested last month on suspicion of stealing iPods, cash and cigarettes from vehicles pleaded guilty to sevenmisdemeanor theft counts in court last week and was sentenced to 60 days in jail. Carter Andrew Sudeith will begin serving his time on Monday, July 28th and will serve 3 years probation upon his release.

Sudeith was arrested on June 18th, just hours after his high school graduation, police said. He was dressed in black and had a backpack full of stolen good that he had taken from unlocked cars in the school parking lot. He eventually pleaded guilty to six misdemeanor counts of petty theft and one misdemeanor count of possession of burglary tools.

Petty theft is a crime a crime in which an individual knowingly steals another person’s property that amounts to no more than $400. Depending on the circumstances of the theft crime, it can either be labeled a petty theft, a grand theft, or a burglary. Other serious theft related crimes include misuse of public funds, counterfeiting, first degree burglary, second degree burglary, embezzlement, bribery, receiving stolen property, and theft of artwork. Although most theft crimes have standard penalties, the jail term and/or fine may be drastically increased depending upon the situation.

Juvenile Crimes, Law and Trying a Juvenile as an Adult

When is A Juvenile Tried as an Adult?

If a minor is over 16 years old at the time of the commission of an offense, the Juvenile Court may have a hearing to decide if the minor should be prosecuted in juvenile court or adult court. In court, these five criteria determine if the juvenile will be found “unfit”:

The minor’s sophistication.
The period necessary for rehabilitation of the minor.
The previous delinquent history of the minor.
The prior attempted rehabilitative efforts made.
The seriousness of the criminal offense.