Posted On: September 10, 2008

Athens Georgia identity theft ring investigated by federal and state authorities

Georgia and federal law enforcement agents are investigating a large identity theft ring alleged to have cloned numerous credit cards in the Athens Georgia area. Investigators allege that the ring was led by Vikas Yadav from his home in Clarke County. According to law enforcement, Yadav was able to obtain credit card numbers through his employment at a local liquor store.

The Athens Banner Herald has the story. The article also contains a link to the search warrant obtained by the Athens Georgia police and U.S. Secret Service agents involved in the investigation.

No arrests have been made in Georgia, although Yadav has been arrested and charged in federal court in Mississippi. Other arrests have been made in North Carolina and Atlanta. Considering the fact that the alleged conspiracy appears to involve multiple states, all of the people arrested will likely face federal fraud charges.

Our firm has recently handled many identity theft and fraud cases in federal court in Atlanta and other parts of Georgia. The punishment for this type of offense can be severe. The amount of time in custody usually depends on the total amount of money involved. The federal sentencing guidelines also call for significant sentencing enhancements in fraud cases when identify theft is involved.

The investigation in this case remains pending.

Posted On: September 10, 2008

Atlanta criminal defense lawyer appeals Sullivan murder conviction

The Georgia Supreme Court heard arguments yesterday in James Sullivan's appeal of his murder conviction in Fulton County. Atlanta defense lawyer Don Samuel argued before the Court and urged them to grant his client a new trial.

The Atlanta Journal Constitution has the story.

Sullivan's appeal is based primarily on his challenge to the search warrant used to seize evidence from his home. According to his defense lawyer, the search warrant contained material omissions and "half-truths" and should not have been signed by the magistrate judge. Apparently, a lot of the information in the warrant came from a confidential informant used by the FBI. According to the defense lawyer, the informant had multiple criminal convictions and had recently escaped from custody. Those facts were not presented to the judge when the warrant was signed. The defense lawyer claims that these omissions, among other things, made the warrant defective.

If the defense lawyer is right, then the magistrate judge should never have issued the warrant. The District Attorney's Office is arguing that the undisclosed facts are not material, and that there was sufficient probable cause for the warrant to issue. Of course, the DA's office is also stressing the seriousness of the crime, and the parents of the victim were in court for the arguments.

If the Court agrees with Sullivan's defense lawyer, then the case may be remanded for a new trial. It would go back to the same judge that tried the case the first time, but this time without the evidence seized pursuant to the challenged warrant.

Although murder cases are difficult to overturn on appeal, it does happen. In fact, our firm currently has a new trial motion pending in a murder case from Dekalb County. Considering the legal errors made by the trial judge in that case, we are hopeful that our client will be granted a new trial.

Considering the stakes involved (death or life with/without parole), criminal lawyers who try murder cases must be extremely vigilent to insure their clients get a fair trial. Sullivan's defense lawyer is one of Atlanta's best criminal lawyers. We'll see if he is successful in getting his client a new trial.