July 2010 :: Georgia Criminal Defense Lawyer Blog

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Posted On: July 18, 2010

Alleged gambling operations raided in Athens

Athens police conducted five raids in Athens-Clarke County and Madison County on Wednesday morning including three Athens businesses. The raids were conducted after police suspected the business owners of running an illegal gambling operation. Authorities seized a total of 36 gambling machines although no arrests have been made.

The Athens Banner-Herald has the story.

Police searched the Quick Pantry on Jefferson Road, Chavita Produce on Oneta Street, and Dona Rosa Bakery on Commerce Road at about 9:45 a.m. A home near the Georgia Square Mall and a home in Colbert were also searched. Authorities seized six machines from the produce store, five machines from the convenient store and 25 from the bakery. Five vehicles, marijuana, handguns, a rifle and financial documents were also seized.

Police believe that the owners of the businesses made cash pay-outs to customers who played the machines. Police also believe the three businesses entered into some form of agreement in regards to the alleged illegal gambling operation. Under Georgia law, individuals may operate gambling machines; however, they may not give out money, lottery tickets or alcohol to winners.

While no charges have been filed as of yet, arrests are expected to follow in the coming days. If arrests are made, prosecutors could file charges under various different Georgia laws. For instance, under Georgia’s commercial gambling law, a person can be sentenced to one to five years in prison and receive a $20,000 fine. Prosecutors may also choose to charge those involved under Georgia’s RICO statute for racketeering. A conviction for racketeering in Georgia carries a five to 20 years prison sentence.

Our Georgia criminal attorneys have handled many gambling and racketeering investigations. In these types of investigations, police will typically review all of the seized evidence before deciding whether to file charges and seek an indictment. This period of time creates an opportunity for a criminal defense lawyer to work with law enforcement in an effort to avoid an indictment and to prepare for trial if necessary. Many gambling cases can be resolved without prosecution, but it depends on the type of gambling activity and the actual knowledge of the store owners involved.

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Posted In: Georgia Criminal Law , Northeast Georgia

Posted On: July 18, 2010

Medicare fraud indictments in Baton Rouge

On Friday, federal authorities indicted 29 people in Baton Rouge, Louisiana suspected of defrauding Medicare out of $32 million. Four of the individuals are physicians.

The Baton Rouge Advocate has the story.

The federal government set up the nation’s eighth Medicare Strike Force in Baton Rouge in February. The 29 indictments announced on Friday constitute the force’s first wave of prosecutions and is also the largest crack down on Medicare fraud in the Middle District of Louisiana. Agents targeted patient recruiters, doctors, medical professionals and employees of healthcare businesses.

Two of the individuals, Dr. Dahlia Kirkpatrick of LaPlace and Emmanuel Komandu of Prairieville, allegedly defrauded Medicare out of $775,000. Specifically, the government alleges that Kirkpatrick gave prescriptions to Alpha Medical Solutions Inc., which is owned by Komandu, that lacked medical necessity.

In addition to the 29 indictments in Baton Rouge, federal agents arrested 63 individuals in Brooklyn, Miami, Houston and Detroit. Government officials estimate that the total dollar value of the fraud is approximately $219 million.

One of our federal criminal attorneys was recently retained in another federal case in Baton Rouge, involving allegations of public corruption. It appears that the U.S. Attorney's office for the Middle District of Louisiana has been very busy lately. This district seems to prosecute more medicare fraud cases than most other districts, even districts with much larger populations.

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Posted In: Federal Criminal Law , Theft and Fraud

Posted On: July 5, 2010

Page Pate is retained to represent Louisiana mayor in federal public corruption investigation

Atlanta criminal defense lawyer Page Pate and the law firm of Pate & Brody were retained last week to represent New Roads, Louisiana Mayor Tommy Nelson after FBI agents searched New Roads City Hall.

FBI agents have refused to provide details or say whether Mayor Nelson is a target in the investigation. In an interview with The Advocate, Page Pate stated that Mayor Nelson has not been charged with any crimes and that any future prosecution would be "misguided". Pate maintained that, "I don't believe Mayor Nelson has violated any criminal law."

The Baton Rouge, La. newspaper The Advocate has the story.

The search of New Roads City Hall comes on the heels of four other raids. On June 21, federal agents raided the offices of St. Gabriel Mayor George Grace, White Castle Mayor Maurice Brown, and Port Allen Mayor Derek Lewis. The office of Police Chief Fred Smith of Port Allen was also searched. Agents left Mayor Lewis' office with a computer hard drive, letters and the mayor's weekly planners.

Federal agents have been unwilling to release any details of the investigations causing much speculation in New Roads and surrounding areas. Pate has cautioned against such rumors and advised Mayor Nelson not to make any comments on the investigation until all of the facts are known.

Pate also expressed the Mayor's willingness to aid law enforcement: "The mayor is willing to cooperate if investigators request any documents or other evidence we need to provide." Authorities, however, have not subpoenaed Mayor Nelson for any documents or told Pate what they are looking for.

Mayor Nelson is currently seeking re-election and is expected to qualify this week. The election is scheduled to take place on October 2.

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Posted In: Federal Criminal Law , Public Corruption

Posted On: July 2, 2010

Albany Stop-N-Shop owners indicted on racketeering charges

Law enforcement agents in Dougherty County have arrested three owners of the Stop-N-Shop gas station in Albany, Georgia. The Dougherty County District Attorney’s Office has announced that the owners have been indicted on charges of racketeering and money laundering.

WALB has the story.

Authorities arrested George Bagain and Melanie Bagain at their Albany home while Ayaz Ahmed was arrested inside the Stop-N-Shop. Police also searched two Lee County homes as well as the convenience store and seized boxes of documents along with several computers.

Police believe that the three individuals operated illegal gambling machines inside the store, and that they made more than $100,000 from the illegal machines which they then laundered. The store had been previously raided in April by the Sheriff’s Department which confiscated the gambling machines.

According to the indictment, the three laundered the illegal proceeds through the Sahi Corporation and used the proceeds to buy homes, cars and land in Lee, Dougherty, Henry and Calhoun County. The D.A., Gregory Edwards, suggested that some proceeds may have gone to crime organizations abroad.

The state has also filed a civil suit to seize bank accounts, properties, and vehicles that were allegedly purchased with the tainted funds.

If convicted under Georgia’s racketeering statute, commonly referred to as RICO, the three individuals would face five to 20 years in prison.

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Posted In: Southwest Georgia , Theft and Fraud

Posted On: July 2, 2010

Albany, Georgia convenience store and other businesses raided in money laundering investigation

Georgia law enforcement agents conducted three raids in Dougherty and Lee Counties on Friday including a convenient store in Albany, Georgia. The raids were conducted as part of an ongoing money laundering and racketeering investigation involving gambling machines.

WALB has the story.

One of the raids took place at the Stop and Shop located at 2201 South Liberty Expressway in Albany. During the raid, agents from the Dougherty County District Attorney’s Office seized numerous documents. Authorities say they are looking for evidence of money laundering.

The raids come on the heels of an investigation involving the illegal use of gambling machines. District Attorney Greg Edwards believes that money is being illegally transferred out of the state, and he further implied that the money may be used to fund terrorism.

If charges are filed, the parties involved will likely be charged under Georgia’s RICO statute for racketeering. Under Georgia law, a person convicted under the RICO statute would face a five to 20 year prison sentence. Our Georgia criminal attorneys have successfully represented numerous clients charged with RICO violations. In our experience, law enforcement will typically arrest and charge anyone who is remotely connected to any alleged RICO activity. This often results in innocent people being charged and prosecuted alongside the people who are directly responsible. In many cases, however, a good criminal defense attorney can get the charges dismissed or reduced by showing prosecutors that his client had no knowledge of any criminal activity.

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Posted In: Southwest Georgia , Theft and Fraud

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Contributors

Page Pate
Page Pate is an accomplished trial lawyer and founding partner of Pate & Brody. Page was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association, and is a frequent commentator on Georgia and federal criminal procedure for the local media...

Bernard Brody
Bernard Brody is an experienced trial and appellate criminal defense lawyer and founding partner of Pate & Brody...

Jess Johnson
Jess Johnson graduated first in his class from the University of Georgia in 2006, where he attained degrees in political science and sociology...