Posted On: April 23, 2009

Fulton County jailers charged with federal civil rights violations in Atlanta

Two Fulton County sheriff’s deputies were arrested today for allegedly beating an inmate and lying to FBI agents who conducted an investigation into the beating.

The Atlanta Journal Constitution has the story.

The jailers, Robert Hill and Early Glenn, were arrested at the Fulton County Jail. They have been charged with violating the inmate’s civil rights, obstructing justice, filing a false report, and making false statements to federal agents.

The two deputies are scheduled to make an appearance before a federal magistrate judge later today.

Our firm has represented several law enforcement officers charged with similar crimes in the past. These cases can be very difficult to prosecute and prove. The credibility of the witnesses becomes the most critical issue.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.

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Posted On: April 23, 2009

Dekalb County District Attorney to open investigation into child's school related suicide

A fifth grader at Dunaire Elementary School in DeKalb County committed suicide last Thursday. Family members say it was because he was being bullied at school, and the DeKalb District Attorney’s Office has stated that it will look into the matter.

The Atlanta Journal Constitution has the story.

The 11 year old, Jaheem Herrera, apparently hung himself in his families home. His mother claims that she had complained to school officials about her son being bullied and taunted on previous occasions.

District Attorney Gwendolyn Keyes Fleming will speak with Jaheem’s parents and school officials before deciding if any criminal charges should be brought. If charges are brought, it would be the first case of its kind while Fleming has been the DA.

Charging school officials will be difficult considering the facts of this case, but there are several theories of possibile criminal and/or civil liability that could be explored.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

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Posted On: April 23, 2009

Georgia criminal lawyer wins bank robbery trial in Floyd County

A Georgia criminal defense lawyer recently won a bank robbery trial in Floyd County for a Texas man accused of armed robbery and aggravated assault charges.

The Rome News Tribune has the story.

John Edinbyrd was accused by prosecutors of being the getaway driver in the robbery of a Citizens First Bank in Rome. Edinbyrd pleaded not guilty to the charges while his codefendant, Shawn Colson, pleaded guilty last week. Edinbyrd testified that he was the unwitting participant in the bank robbery, and that it was only after they had left the scene did he realize what the Colson had done.

Colson testified that Edinbyrd was the mastermind behind that robbery and that Edinbyrd forced him into committing the act. Edinbyrd claims that the two were in Rome looking at used cars, and while in Rome, Colson decided spontaneously to rob the bank.

The defense argued that Edinbyrd never once stepped inside the bank, and that the only thing linking him to the crime was Colson’s statements. The jury deliberated for three hours before returning the not guilty verdict.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

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Posted On: April 23, 2009

U.S. Supreme Court curtails warrantless searches of vehicles incident to arrest

In a landmark 5-4 decision, the Supreme Court of the United States determined that police may not conduct a warrantless search of a car after its occupant has been arrested unless he poses a threat to officer safety, or there is a need to seize evidence of the crime for which the arrest was made. The decision is a radical departure from the longstanding rule that police may search a vehicle after arresting its occupant.

In Arizona v. Gant, the defendant, Gant, was arrested for driving with a suspended license and having a warrant for failing to appear in court on a prior charge of driving without a license. The arrest stemmed from an anonymous tip that an address Gant was staying at was being used to sell drugs. When police knocked on the front door, Gant answered and told the police that the owner was out. Police later discovered Gant had a warrant out for his arrest and returned to the scene. When police returned, they arrested two other people who were placed in the back of police cars. They then saw Gant drive into the parking lot. Gant parked his car about 30 feet away from the officers. He then got out of the car and began walking towards the officers. Gant and the officers met about 10-12 feet from the vehicle. Gant was immediately arrested and placed in the backseat of a patrol car. In total, there were five officers and three arrested individuals. The officers then conducted a search incident to the arrest and discovered cocaine in the pocket of a jacket on the backseat of Gant’s car. As a result, Gant was also charged with possession of a narcotic drug for sale and possession of drug paraphernalia.

Grant moved to suppress the evidence found in the jacket on the grounds that the search violated his Fourth Amendment rights. The trial court upheld the search, since the Supreme Court decided in New York v. Belton that officers may search the compartments in a vehicle after the occupant’s arrest. Gant was convicted and sentenced to three years in prison. The decision was then appealed.

The Arizona Supreme Court found the search unreasonable despite Belton. That Court relied on the logic of an earlier Supreme Court case, Chimel v. California, which suggested that a search incident to an arrest is unreasonable when officer safety and preservation of evidence is no longer an issue. The court reasoned that since Gant was in the back of a police car he posed no threat to safety or evidence. The case was then appealed to the Supreme Court of the United States.

The Court rejected the idea that an officer may search a vehicle under any circumstances so long as the occupant has been arrested. Instead, the Court agreed with the Arizona Supreme Court and adopted the Chimel rationale which authorizes police to search a vehicle incident to arrest only when the arrested individual is unsecured and within reaching distance of the vehicle’s passenger compartments at the time of the search. However, the Court went further to say that a search incident to arrest is also valid when it is reasonable to believe that evidence relevant to the crime for which the arrest was made may be in the vehicle. Since Gant and the other arrested individuals were of no threat to officer safety or the preservation of evidence and police could not expect to find evidence of driving with a suspended license in Gant’s vehicle, the search was held to be unreasonable.

The decision fractured the Court in a way which defied ideology. The majority opinion was written by Stevens and joined by Thomas, Ginsburg, Souter, and Scalia (who also wrote a concurring opinion). Alito, Breyer, Roberts, and Kennedy dissented.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

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Posted On: April 23, 2009

Rome Georgia criminal lawyers win appeal in burglary case based on circumstantial evidence

The Georgia Court of Appeals recently had to determine if circumstantial evidence which was consistent with both the prosecution’s story and the defendant’s story was enough to convict a defendant of burglary and criminal trespass. The court ruled that the evidence was insufficient to find the defendant guilty, since there was a reasonable alternative to the prosecution’s story.

In Parker v. State, the defendant, Parker, was convicted by a jury after he was accused of stealing a generator and a guitar from the victim’s barn. Parker argued he was simply dropping off a saw. Parker knew the victim through a friend which he stayed with. Five days before the incident Parker tried to sell a saw to the victim, but the victim did not want it. The victim then went out of town for a few days. When the victim returned, there was an answering machine message by Parker stating that he had left the saw in the victim’s barn; however, the victim never gave Parker permission to enter the barn. It was also then that the victim realized the generator and guitar were missing.

Parker then called the victim to ask if he could come by and talk about selling him the saw. The victim agreed and notified police that Parker would be coming. Soon after Parker arrived, officers arrested him. Three months later a friend of Parker’s told the victim that Parker had brought over a machine that was either a generator or an air compressor two weeks prior to the arrest, but that he never saw a guitar. Additionally, the friend Parker was staying with testified that she saw Parker at the victim’s house while the victim was out of town. Parker told her that he was dropping off a saw, and she never saw Parker take anything. Furthermore, the victim stated on cross that a friend of his entered his barn while he was away to retrieve a four-wheeler. This friend also saw Parker at the barn and described him as fidgety.

On appeal, Parker argued the circumstantial evidence was not enough for a conviction. The general rule is that for there to be a conviction based solely on circumstantial evidence, the facts must only be consistent with guilt and must exclude every other reasonable possibility. The state contended the evidence was direct, since witnesses saw Parker at the scene. However, the court disagreed by reasoning that the witnesses never saw Parker take anything. Furthermore, the court noted that proximity without additional evidence of participation in a crime cannot support a conviction. The only additional evidence offered was that the defendant was fidgety which the court dismissed as hearsay and of no value. Since there was another reasonable possibility aside from the state’s burglary story, a conviction of Parker was improper and the court reversed his convictions.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

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Posted On: April 23, 2009

Marietta Georgia lawyer pleads guilty in Ponzi scheme in federal court

On Monday, Robert Price Copeland, a Marietta Georgia lawyer, pleaded guilty to federal wire fraud charges in connection with a $28 million Ponzi scheme. The government alleges that the scheme defrauded over 125 people.

The Atlanta Journal Constitution has the story.

The 48 year old was accused of scamming victims across the nation from 2004 to 2009. In some cases, the victims were senior citizens who lost their life savings. Investigators say that Copeland promised some victims up to 15 percent on their investments in under a year. It is believed that Copeland solicited his victims through seminars and financial planners.

Copeland could face 20 years in prison, a $25,000 fine, restitution, and forfeiture of all proceeds gained from his fraudulent schemes when he is sentenced. The Security Exchange Commission has also brought a civil case against Copeland.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

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Posted On: April 23, 2009

Newnan Georgia defense lawyers win murder trial in Coweta County

A Coweta jury found Jason Veitch of Newman not guilty of felony murder, aggravated assault, and possession of a firearm while in the commission of a felony. The charges stem from an incident in June of last year in which Veitch shot a man to death near a house Veitch was building. Veitch was represented by Newnan attorneys Mike Kam and Ron Harwell.

The Newnan, Georgia Times-Herald has the story.

In the weeks leading up to the shooting, Veitch had reported theft of copper wire and pipe from homes he was building. The day before the shooting he realized four more homes had been hit with losses of up to $6,000 per house. He met with a Coweta deputy who told him he needed to catch the thieves in the act. Veitch claims the deputy told him to make a citizen’s arrest and hold the thieves until law enforcement could arrive. The deputy also allegedly told Veitch that he should not shoot or injure the thieves. That night Veitch waited in the woods next to his job site with a 12 gauge shotgun and .22 caliber pistol.

In the early morning, Veitch saw an unfamiliar van park in front of a house under construction. Three drywall workers that had been assigned to work on Veitch’s homes by a drywall company were inside the van. The workers claim that they were going to sleep in the van and start work in the morning instead of driving back to their home in Norcross. Veitch called 911 and reported a robbery. He then called his father-in-law who came to the scene before the police could arrive. Upon arriving, his father-in-law ordered the men to exit the van.

Veitch, fearing for his father-in-law’s safety, came out of the woods and fired a shot from the shotgun in the air. Two of the men got on the ground and put their hands behind their heads. The third man, Gaston Gonzalez, got on the ground but kept trying to get back up. Veitch claims he began poking Gonzalez with the shotgun to keep him down. Veitch says that the shotgun went off on the second poke which resulted in a wound to the back of the neck. Veitch then called 911 and asked for an ambulance; however, his father-in-law drove Gonzalez to Piedmont Newnan Hospital where he was pronounced dead.

Veitch claimed that he had never seen the van before and that he did not recognize the three men. Veitch also argued that workers never sleep on a job-site. The overall theme of the defense was that Veitch was acting within the law, since he feared there was a threat to himself and his father-in-law. The prosecution contended that Veitch was responsible for what happened, because he was the one who initiated the confrontation and the actions which led to the death of Gonzalez.

The owner of the drywall company that employed the three men felt the jury outcome would have been different if Gonzalez had been white or black.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

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Posted On: April 23, 2009

Georgia child pornography and sexual exploitation investigations on the rise

A program known as Internet Crimes Against Children leads to hundreds of arrests for online solicitation and child pornography in Georgia every year. A recent three-month sweep led to 23 arrests across the state.

The Savannah Morning News has the story.

The Georgia Bureau of Investigation heads up the federal program in Georgia which began in 2002. Across the state, there are nearly 100 affiliate police agencies involved in the program. In many cases, police use tactics similar to those seen on the popular television show “To Catch a Predator.” Agents pretending to be underage girls will engage in conversation with men in online chat rooms. Sometimes these conversations will turn sexual in nature and the men may ask to meet the underage girl for sex. When the men show up at the meeting spot, police will make the arrest.

There are about 700 such arrests every year in Georgia. Police maintain that there is no entrapment, since the officers only respond to whatever the men in the chat room initiate. Additionally, officers claim that it is always the men who urge a meeting.

Some of our clients, however, were entrapped and falsely charged. That's why it is vital to have retain a criminal defense lawyer with experience in this area if you are charged with this type of offense.

The GBI program also attempts to target anyone who possesses, distributes, or manufactures child pornography, and agents here are interconnected with law enforcement all over the nation. Tips flow into the GBI’s Atlanta office from all over the nation which are then forwarded to local police. Many times child pornography will be found on a computer in another state which came from Georgia. In some cases, they are able to trace where the pornography came from by using IP addresses to track down those who share child pornography online. When child pornography is suspected, officers will seize hard drives and search for any trace of illegal pornography.

Our firm has been extraordinarily successful in resolving these cases prior to trial so that our clients avoid prison time and, in some cases, even avoid prosecution. Our best results occur when we can get involved in the case early and review the computer forensics and alleged probable cause that led to the search.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

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Posted On: April 19, 2009

Criminal defense attorney wins appeal suppressing drug evidence found in an illegal search

The Georgia Court of Appeals recently held that marijuana found in a vehicle after a citation was issued should be suppressed as the result of an illegal search. The court based this ruling on the conclusion that the encounter was not consensual, and there was no reasonable suspicion of criminal activity.

In State v. Felton, the defendant, Felton, was in the passenger seat of a vehicle which was pulled over because the driver was not wearing a seatbelt. The officer noticed that the driver’s hands were shaky and that he had eye tremors. The officer took the driver’s license and returned to his police cruiser where he filled out a citation. The officer noticed that the driver and Felton were turning around to look at the officer while he was issuing the citation. When the officer returned, he asked the driver to step out of the car. The officer handed the driver the citation, and then asked for consent to search the driver’s car. The driver agreed and the officer told Felton to exit the car. During the search of the vehicle, the officer found a potato chip bag which contained marijuana. Felton admitted that it was his and was then arrested for possession.

Felton argued that the marijuana should be suppressed, since the initial stop was unjustified and the officer exceeded the scope of the initial stop. The trial judge found that the stop had ended when the license and citation were given to the driver. The judge also found that there was not sufficient evidence to expand the stop at that time to request a search. The state appealed.

The Georgia Court of Appeals noted the general rule that an officer exceeds the scope of a traffic stop when he continues to detain the person after the conclusion of the stop and then interrogates or seeks to search without reasonable suspicion of criminal activity. The evidence showed no reasonable suspicion to search. It is also illegal to search at the end of a traffic stop when an encounter with a police officer is not consensual in the absence of reasonable suspicion. The court found that at no time did the encounter between the officer and the men become consensual, since it was not apparent that the men were free to leave. This is partially because the officer made the driver exit the vehicle before giving the citation and then the officer asked to search. Thus, the search was illegal, since it was not a consensual encounter nor did the officer have any reasonable suspicion to believe that criminal activity was afoot. As a result, evidence of the marijuana was suppressed.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

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Posted On: April 19, 2009

Georgia Court of Appeals reverses criminal conviction and clarifies rule on eyewitness identification

The Georgia Court of Appeals recently had to determine if a jury instruction which allowed a jury to use a witness’ level of certainty as a factor in determining the reliability of an identification of a defendant was harmless error. The court ruled that such an instruction was not harmless under the facts of the case.

In Robinson v. State, the defendant, Robinson, was accused of committing two separate robberies. On October 14, 1999, a victim walked from his home to his car to retrieve his cell phone. He was approached by Robinson and another man. Robinson put a gun to the man’s head while the accomplice searched the man. They then walked the man back into his home where his wife and son were. The wife was on a telephone in her bedroom telling someone what was happening. The man gave the accomplice keys to a safe and retrieved money from the safe. Robinson then took the bedroom phone along with a kitchen phone and left with the money. The accomplice allegedly had a shirt over his head the whole time.

On October 20,1999, a man was approached by two men as he neared his home. The men pointed guns at the victim and took $286 from him. The victim reported to police that prior to the robbery he had noticed two men on bicycles. A nearby officer saw two men on bicycles and searched them. The officer discovered $286 but no weapons. One of the men was Robinson who admitted to the October 20 robbery.

A week after the October 20 robbery, the victims of the first robbery recognized Robinson in a newspaper story about the second robbery. They told the police and Robinson was charged with the first robbery as a result. At trial for the first robbery, the wife identified Robinson. In addition, fingerprints that were lifted from the phones had not been fully processed, but police testified they were not Robinson’s. Nonetheless, Robinson was found guilty and sentenced to 20 years for burglary and kidnapping and life for the three robberies.

Robinson moved for a new trial based on improper jury charge on identity and newly discovered evidence. The trial judge had told that jury that in assessing the reliability of the witnesses’ identification they could consider the witness’ level of certainty. It was also discovered after trial that the finger prints on the phones were of another man already in jail for another armed robbery. That man claimed that it was not Robinson who robbed the couple, but that it was in fact he and another man.

The Court of Appeals recognized that the Georgia Supreme Court ruled that “level of certainty” instructions were not allowed in assessing the reliability of the identification. In determining if the error was harmless, the appellate court reasoned that the couple picked Robinson out of a newspaper one week after the crime had occurred. In addition, the couple did not provide police with a description of the assailant on the night of the robbery, and they did not pick Robinson out of any kind of lineup or photo array. The court concluded that they could not find such an instruction to be harmless, and thus, the conviction was reversed and a new trial was set.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

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Posted On: April 14, 2009

U.S. Homeland Security employee convicted on federal bribery charges in Atlanta

Hasmukh Patel, a former immigration adjudicator with the Department of Homeland Security, has been convicted of conspiring to encourage immigrants to enter the country illegally and accepting a bribe. The 54 year old of McDonough could serve nearly 50 years in prison.

The Atlanta Journal Constitution has the story.

A federal jury found Patel guilty of helping to bring a couple from India into the U.S. with fraudulent work visas. At trial, a witness told the jury that he paid Patel $100,000 to bring his brother and sister-in-law into the U.S. In addition, witnesses from the U.S. Consulate in Mumbai testified that Patel had called the consulate to vouch for the couple’s visa application.

Patel is scheduled to be sentenced by U.S. District Judge Clarence Cooper on June 23. Patel could be sentenced to 49 years in prison and face a $1.175 million fine.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. For many years, our firm has been listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.

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Posted On: April 12, 2009

Marietta Georgia chiropractor charged with federal child pornography offenses

Federal agents arrested 37 year old Michael Macaluso on Thursday for allegedly enticing a minor to engage in sexually explicit conduct and receiving and distributing child pornography.

The Atlanta Journal Constitution has the story.

Authorities believe that Macaluso has been targeting teenage boys online and enticing them to send naked photos of themselves since May 2006. It is also alleged that he threatened to black mail boys if they refused.

Specifically, an affidavit claims that in one instance he pretended to be a young girl and sent pictures of a naked female to a 15 year old boy. It is alleged that he then requested pictures of the boy involved in sexual acts. However, the victim refused, and Macaluso allegedly threatened to post naked photos of the boy online as blackmail. In another instance, Macaluso allegedly threatened to “out” a 15 year old boy to his classmates when the boy attempted to end their online relationship.

In 2006, Macaluso was arrested by Cobb County authorities on three counts of sexual exploitation of children. However, Cobb authorities decided not to try that case. Instead, the case files were passed to the U.S. Attorney’s office which is reported to have a stronger case against Macaluso. A bond hearing is set for next week, and prosecutors have said they will oppose any bond at that hearing.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. For many years, our firm has been listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.

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Posted On: April 8, 2009

Mortgage modification scams lead to an increase in fraud investigations

With the downturn in the economy, there has been a drastic increase in companies involved in mortgage modification scams. Federal and state authorities are beginning to crack down on such companies.

The Atlanta Journal Constitution has the story here.

The federal government’s hope to modify or refinance up to 9 million mortgages has sparked the flurry of scams. Government officials note that the companies involved in the fraud often have official sounding names that make the borrowers think they are tied to the government. These fraudulent companies charge upfront fees of $1,000 to $3,000 for assistance with loan modifications that hardly ever pay off. Officials also note that borrowers can receive help for free from government-approved housing counselors. Consumer advocates agree that even legitimate consultants are no better than credit counselors who work with lenders at no charge.

The Federal Trade Commission has warned that these companies will use tactics such as promises to stop foreclosures, modify a loan for money upfront, or guarantees that a home will be saved. The FBI is currently investigating about 2,100 mortgage fraud cases which is a 400% increase from five years ago. The FTC has sent letters to 71 companies warning them of their suspicious advertisements and has filed complaints against others.

The response by states has been mixed. Some states have created tougher penalties for companies involved in foreclosure scams, and prosecutors in some jurisdictions have even brought criminal charges. However, many states are relying civil lawsuits.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Our firm is also listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.

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Posted On: April 6, 2009

Savannah lawyers begin jury selection in vehicular homicide case

A 19 year old Bryan County teen will stand trial for three counts of vehicular homicide. Jury selection is set to begin this morning.

The Savannah Morning News has the story.

Tam Duc Le also faces two counts of reckless driving, one count of failure to maintain lane, and one count of driving too fast for conditions. Prosecutors allege that his actions on March 12, 2007 led to the deaths of thee teenage girls. Two of the girls were sisters.

The Bryan County Sheriff’s Office reported that Le was driving his 1998 Chevrolet Cavalier on Ga. 119 when he lost control. The car crossed over the center line after going around a sharp curve and struck a Ford F-250 pickup head-on. The three teenage girls were in his car and died at the scene of the accident. The four teens were all students at Bryan County High School which was only two miles from the accident.

Le spent five weeks in a coma and was arrested in September 2007. He has since entered a not guilty plea and is set to stand trial April 23. Le faces 15 years in prison for each of the first-degree vehicular homicide charges.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Our firm is also listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.

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Posted On: April 3, 2009

Atlanta federal court issues preliminary ruling on Georgia sex offender statute

On Monday, a federal district court judge granted an injunction against a Georgia law which bans sex offenders from volunteering at churches. The injunction will prevent Georgia from enforcing the law.

The Atlanta Journal Constitution has the story.

District Judge Clarence Cooper held that allowing offenders to volunteer at churches will further public safety by providing support and stability. The plaintiffs offered testimony from several ministers who work with offenders about the healing power of volunteering at churches.

The ruling stems from a class-action suit on behalf of 16,000 sex offenders. The plaintiffs seek to overturn Georgia’s strict sex offender laws which have been described as the toughest in the country. Among the provisions, Georgia prohibits offenders from living or working within 1,000 feet of virtually anywhere children congregate. This includes schools, school bus stops, parks, pools, and churches. Plaintiffs also seek to permanently overturn the provision banning offenders from volunteering at churches. Monday’s ruling allowed this class-action suit to go forward.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Our firm is also listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.

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