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Westfield NJ Criminal Defense Law Blog

Seemingly innocent activities may be treated as Internet crimes

Internet crimes were relatively rare several years ago. However, now Internet crimes can be committed from the convenience of a person's home and can happen at the international or interstate levels. Even activities that seem innocent in New Jersey may bring serious penalties from various jurisdictions, including multiple states along with the federal government.

If you have been charged with an Internet crime, it is wise to seek legal advice whether you are an individual or a business. Our attorneys can represent not just individuals but also businesses of all sizes. These include from small shops to Fortune 100 companies.

NJ State Police Crime Lab Chemist's False Drug Test Jeopardizes Nearly 10,000 Criminal Drug Convictions

false-drug-tests.pngOn April 25, 2016, in the wake of startling revelations that a laboratory technician at the New Jersey State Police Laboratory in Little Falls had been falsifying test results, the Supreme Court of New Jersey issued an order centralizing the litigation of all post-conviction challenges in the State before a single judge.  The order appointed Bergen County Superior Court Judge Edward A. Jerejian to handle all post-conviction litigation in which Kamalkant Shah, the laboratory technician found to have faked results, was either the primary laboratory examiner, conducted peer review, or conducted administrative review of purported drug evidence.  Pending cases predicated upon Shah's laboratory work are to remain with the judges presently assigned under the order.

Defending Mortgage Fraud Criminal Charges

mortgage-fraud-financial-crisis-2008.pngGoldman Sachs (NYSE: GE) recently agreed to a $5.6 billion dollar settlement for its role in bundling subprime mortgages for sale to investors without disclosing that the mortgages had an unusually high percentage of credit and compliance issues.  In doing so, it joins a number of other high profile banks who have admitted wrongdoing with regard to their roles in the mortgage frenzy that led up to the financial crisis in 2008. 

2 business owners sentenced for tax fraud

Two people who owned a business that prepared taxes were recently accused of filing fake tax returns for New Jersey prison inmates. They have since been sentenced for the tax fraud crimes. The inmates for whom they filed were incarcerated in various prisons throughout the state of New Jersey.

Authorities said the two business owners, who operated the now-defunct tax preparation company, were charged with conspiracy and other crimes in 2015. One of the business owners received a prison sentence of eight years in mid-April. Meanwhile, the other business owner received a sentence of four years behind bars.

Steps in a Criminal Case

Stages of a Criminal CaseThe stages of a criminal case as it proceeds through the legal system can be confusing for individuals who find themselves on the wrong end of legal charges for the first time. Though popular media has no shortage of stories set within the criminal justice system, these fictional depictions often leave out important details. When a substantial portion of your personal and professional future hangs in the balance, it's critical to have a complete and accurate understanding of the steps through which your criminal case will proceed.

Most Common Federal Business Frauds

Federal-Business-Frauds.pngViolations of any number of federal statutes have the potential to jeopardize a business and can, in many cases, result in individuals going to prison. In addition, restitution and forfeiture may be applicable. Below, we delve into some of the most commonly encountered federal business fraud statutes.

Communicating Miranda Rights to Non-native English Speakers

Our firm represented Dias Kadyrbayev, the young college student charged with obstruction of justice in the Boston Marathon bombing case. The Government sought to introduce statements Kadyrbayev made to law enforcement after allegedly being Mirandized.  In the motion to suppress and evidentiary hearing, attorneys Robert G. Stahl and Laura K. Gasiorowski argued that as a non-native speaker of English with no prior experience with the American justice system, Dias did not comprehend his rights under Miranda.  Those rights were provided to Kadrybayev only in English, with no Kazakh or Russian translation or interpreter, despite the fact that his limited English proficiency was insufficient to understand the complicated language and syntax of the Miranda rights.  

Fighting tax fraud charges in New Jersey

Those charged with tax crimes in New Jersey may worry about spending time in prison and/or being ordered to pay substantial fines or other penalties if convicted. Anyone charged with tax fraud should remember that merely being accused of criminal wrongdoing does not mean a conviction will be handed down. Often, the key to obtaining a positive outcome lies in securing experienced legal representation as early in the process as is feasible.

The Law Offices of Robert G. Stahl, LLC provides sound legal counsel and effective representation to anyone facing federal fraud charges in New Jersey. Based on past experience as a federal prosecutor, our lead attorney has a clear understanding of both sides of the law, which aids in building a strong and aggressive defense on behalf of any client charged with tax fraud, money laundering  or other felonies. The sooner you retain criminal defense assistance, the sooner an attorney can launch an investigation into the events leading up to and following your arrest to determine whether any of your personal rights have been violated in the process.

Man convicted on charges relating to child pornography

It was recently determined that one man in New Jersey will have to spend five years behind prison bars after sharing child pornography. Authorities said the man shared the pornography by using a network utilized for sharing files. The man convicted on charges relating to child pornography is 35 years old.

The man was one of 27 people who were swept up during a crackdown in 2012. This crackdown, dubbed Operation Watchdog, targeted individuals who were sharing child pornography. The man who was caught ended up being indicted back in 2013 and pleaded guilty this February to distributing child pornography, a second-degree charge.

Woman accused of fraud must spend 5 years in prison

A woman who owned a home health agency in New Jersey was recently sentenced to five years behind prison bars in a fraud case. The woman is said to have played a part in a $7 million Medicaid fraud scheme. She pleaded guilty in 2015 to charges of conspiring to commit money laundering, tax evasion, bribery and conspiring to commit medical fraud.

The woman owned a business that provided health care services as well as home health aides to residents in New Jersey. The aides helped patients with grooming, eating and dressing. All services that the home health aides completed were paid for through Medicaid.