Articles Posted in Theft

When attempting to demonstrate a defendant’s guilt in a theft crime case, the State will often rely on both direct and circumstantial evidence. In some instances, the State may attempt to introduce evidence of collateral crimes as well. Such evidence is only admissible in certain circumstances, though, as discussed in a recent Florida ruling. If you are charged with depriving another person of their property, it is smart to confer with a Tampa theft crime defense attorney regarding what defenses may be available.

History of the Case

It is reported that a jury convicted the defendant of first-degree grand theft and second-degree grand theft. During the trial, the prosecution introduced evidence of the defendant’s alleged fraudulent actions during her bankruptcy case, arguing that this evidence was relevant to the theft charges. Specifically, the prosecution presented a recording of a meeting between the defendant and the Chapter 7 bankruptcy trustee, in which the defendant was confronted about not disclosing a property transfer in her bankruptcy documents.

In Florida, people charged with crimes have numerous rights. For example, they have the right to be tried for their alleged crimes within a reasonable time; if they are not, they may be able to assert that the State violated their right to a speedy trial, and, therefore, the charges against them should be dismissed. In a recent Florida opinion issued in a case in which the defendant was charged with identity theft, the court discussed what a defendant making a speedy trial argument must prove to prevail. If you are accused of a theft crime, it is wise to speak with a Tampa theft crime defense attorney about your rights as soon as possible.

History of the Case

It is reported that the defendant was charged with identity theft and wire fraud. During his trial, the government alleged that the defendant, who was an attorney, obtained litigation advances from financing companies in the names of his clients without their knowledge and used the fraudulently obtained funds to pay his law firm’s expenses. The jury convicted the defendant of the charged offenses. He subsequently appealed on several grounds, including a violation of the Speedy Trial Act, insufficient evidence to support his convictions and an error in the jury instruction regarding deliberate ignorance.

The Speedy Trial Act

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During a criminal trial, the jury or judge will typically assess whether the evidence, when assessed in conjunction with current statutory and case law, is sufficient to establish the defendant’s guilt. If, after a defendant is convicted, it becomes evident that there is new evidence or an intervening change in law, the defendant may be eligible for a new trial. In a recent opinion delivered in a fraud case, a Florida court discussed what evidence is needed to demonstrate that a new trial is warranted. If you are charged with a fraud offense, it is wise to speak to a Tampa fraud defense attorney to determine your options for seeking a favorable outcome.

Factual and Procedural Setting

It is reported that the defendant stood trial for six charges related to a fraud scheme involving clearing vehicle titles of liens from financial institutions and other lienholders. The scheme included false and fraudulent towing and storage liens, false claims of vehicle sales at public auctions, and the submission of fabricated documents to Florida tax collector offices.

Allegedly, after a four-day trial, the jury found the defendant guilty on four of the counts against him, one of which was aggravated identity theft. The jury instruction for this count, which both the defendant and the government proposed and to which the defendant did not object, required the government to prove that the means of identification was possessed “during and in relation to” the crime alleged in the indictment. The defendant subsequently sought a new trial on the aggravated identity theft count. Continue Reading ›

Under Florida law, people can be charged with multiple distinct crimes stemming from a single criminal incident. They cannot be convicted of the same offense more than once, however, as it violates double jeopardy. While in some cases, it is clear that a conviction violates a defendant’s double jeopardy rights, in others, it is less evident. Recently, a Florida court issued an opinion in a car theft case in which it discussed the process of determining whether a conviction violates double jeopardy. If you are accused of a theft offense, it is smart to consult a Tampa theft crime defense attorney to discuss your possible defenses.

Facts of the Case

It is alleged that the defendant agreed to repair a car for his friend and subsequently borrowed tools from his friend’s sister. He drove off with the car and the tools and did not return the car for a week; he never returned the tools. The state charged him with grand theft of a car and theft of tools. He was found guilty of both crimes, after which he appealed.

Determining if a Conviction Violates Double Jeopardy

On appeal, the defendant argued that his convictions violated double jeopardy. The court disagreed and denied his appeal. In doing so, it explained that double jeopardy bars a person from being prosecuted, convicted, or punished for the same crime more than once. In cases of theft convictions where the crimes are merely different degrees of the core offense of theft, multiple convictions arising out of the same core offense violate double jeopardy.

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In addition to issuing prison sentences, federal courts have the right to order people convicted of certain crimes to pay restitution. Such amounts generally must reflect the actual damages caused, however; otherwise, defendants may be able to argue that they are unconstitutional. Recently, a Florida court examined what constitutes appropriate restitution in an identity theft case in which it ultimately rejected the defendant’s argument that the amount imposed was excessive. If you are accused of committing a theft crime, it is important to understand your rights, and you should speak to a Tampa theft crime defense attorney as soon as possible.

Procedural History of the Case

It is alleged that the federal government indicted the defendant with aggravated identity theft, mail fraud, and other offenses. He entered into a written plea agreement, agreeing to plead guilty to two of the counts and to make full restitution to the victims of his crimes. Further, he acknowledged that the restitution amount determined by the court would be in excess of $260,000 and that he waived the right to appeal the sentence imposed unless it exceeded the sentencing guideline range or statutory maximum or violated his Eighth Amendment rights.

It is reported that the court accepted the defendant’s guilty plea and the plea agreement, sentenced him to approximately 250 months in prison, and ordered him to pay restitution in excess of $440,000. He appealed, arguing that the government failed to offer evidence of loss sufficient to support the restitution amount. Continue Reading ›