August 20, 2010

Khat drug arrest in North Georgia

A Stone Mountain man was arrested last week in Bartow County after a traffic stop yielded 400 bundles of a drug known as khat.

The Atlanta Journal Constitution has the story.

The Bartow-Cartersville Drug Task Force believes that the value of the drugs may exceed $250,000. Police found the drugs after pulling over Hussein Dahir Sheikaden’s vehicle on I-75 for failure to maintain lane. A K-9 unit discovered the drugs in two suitcases. Sheikaden was born in Somalia, but resides in the U.S. on a work visa.

The drug, khat, is legal in much of the world including many parts of Europe; however, it is illegal in the U.S. It is primarily found on the Arabian Peninsula and in East Africa. The drug produces a high similar to methamphetamine when chewed and is known for having an extremely short shelf-life.

This type of prosecution sounds familiar to us. Several years ago, our firm was involved in a drug case that was one of the first U.S. prosecutions involving ayahuasca, a root that was primarily used in religious ceremonies. It appears that both federal and state drug enforcement agents are continuing to expand the "drug war," and arresting people for possessing anything that might conceivably have an intoxicating effect.

Bookmark and Share

April 19, 2010

Gordon County police arrest 19 in alleged racketeering ring in Calhoun, Georgia

Gordon County Sheriff’s Deputies raided three homes early Friday morning after a nine month racketeering investigation. Police say those arrested during the raids received stolen property in exchange for methamphetamine on numerous occasions.

The Rome News-Tribune has the story.

The raids were spearheaded by Gordon County’s Major Crimes Unit and occurred around 4 a.m. on Friday morning. According to detectives, the individuals who were targeted by police received stolen property including firearms and laptop computers. In exchange for the stolen property, the individuals would then distribute methamphetamine.

Under Georgia law, individuals convicted of distributing between 28 and 200 grams of methamphetamine face a minimum of ten years in prison. Georgia also makes the manufacturing of methamphetamine illegal, and a person convicted of manufacturing under 200 grams faces a minimum sentence of ten years. Furthermore, the crime of racketeering, also known as a RICO violation, carries a five to 20 year sentence.

Unfortunately, in some racketeering cases, law enforcement will arrest and prosecute anyone they believe to be connected to the illegal activity. In our experience, this often means that innocent people are prosecuted alongside those who planned and carried out the illegal activity. There is often a risk of casting too wide a net in RICO cases, due to the type of crimes alleged in RICO indictments and the breadth of the statute.

Bookmark and Share

April 18, 2010

Federal criminal charges brought against Rome, Georgia couple for alleged Medicare and Medicaid fraud

A Rome, Georgia couple has been indicted in federal court for using approximately $30 million of Medicare and Medicaid funds for their own personal use. The couple managed two nursing homes, one in Rome and one in Brunswick, from 2004 to 2007 which cared for around 300 residents.

The Atlanta Journal Constitution has the story.

The indictment alleges that the couple, George D. Houser and Rhonda Washington Houser, billed Medicare and Medicaid for the needs of their 300 patients but then used the funds to buy real-estate and luxury cars for themselves. The indictment goes on to allege that the couple failed to provide adequate care for their patients. Specifically, prosecutors allege that they did not repair washing machines, dryers and water heaters. In addition to the fraud charges, George Houser has also been charged with failing to pay payroll taxes.

Our criminal defense attorneys have successfully handled numerous federal cases involving fraud allegations. Federal fraud cases are often complex and document intensive which require great attention to detail. In many of these cases, the most powerful defense is good faith. Good faith exists when a person truly believes that he or she was in compliance with the law. Good faith can be shown in a variety of ways including consulting with an attorney to determine if a practice is acceptable, conforming to industry standards, or taking prompt action to correct a problem.

Bookmark and Share

November 3, 2009

Rome Georgia paper mill investigation leads to federal criminal charges

On Monday, nine men were arraigned in a Rome, Georgia federal court for allegedly scamming a paper mill out of $4.8 million dollars. Federal authorities say the mill paid for timber that was never delivered.

The Atlanta Journal Constitution has the story.

The mill, Temple-Inland paper mill, was allegedly conned out of the millions of dollars from 2004 to 2006. Prosecutors believe that Aaron Freeman, who worked as a scale house operator at the mill, used the mill’s computers to create two weight readings when a truck went though the mill’s scale. One reading would be for timber that was actually delivered while the other would be for a phony shipment. Freeman would then allegedly recruit truck drivers to help in the scheme by claiming credit for the phony shipments.

The nine men were charged with conspiracy to commit wire fraud which carries a sentence of up to 20 years and a $250,000 fine per offense. The names charged in the indictment include Aaron Freeman, Kevin Fields, Curtis Hart, Jason Joseph, Roger Carthern, Andrew Carthern, David Carthern, Robert Frank Ferguson and George Tate. Freeman, Fields and Joseph were also charged with conspiracy to commit money laundering which carries a possible sentence of 20 years in prison and a $500,000 fine.

Our criminal defense attorneys have successfully defended numerous clients charged with wire fraud and money laundering. While there are many ways to defend against wire fraud allegations, one of the most powerful defenses is good faith. It is important to remember that the government carries the burden of showing that the defendant knowingly participated in the fraud. If a defendant can show that he believed his actions were made in good faith, and that there was no intent to commit any fraud or other unlawful acts, there can generally be no conviction. Good faith can be shown through industry standards, cooperating with law enforcement, promptly acting to fix complaints and consulting with an attorney.

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.

Bookmark and Share