Michigan Criminal Lawyers Blog

In a recent weapons possession case, the 6th Circuit Court of Appeals considered what type of objects may be considered "dangerous weapons" pursuant to federal law. In United States v. Tolbert, Jr., John Tolbert Jr. had just finished his trial for intentional possession of a firearm. When he was told to place his hands behind his back so that law enforcement could cuff them, he grabbed and plastic water pitcher and hit a deputy in the head with it. Although the officer wasn't seriously hurt and didn't need medical attention, the district court determined that the pitcher constituted a "dangerous weapon." Based on the court's characterization of this as a dangerous weapon, the court then increased Tolbert's sentence, applying a "4-level enhancement" stating that any object used "with the intent to commit bodily injury" may be considered a dangerous weapon.

Michigan weapons charges are serious. If you are found to have used a dangerous weapon in connection with committing a crime, the penalties for the underlying charge may increase. It is important to consult with an aggressive Michigan weapons charge attorney immediately to begin preparing your defense. As this case illustrates, courts may find nearly any object is a "dangerous object" depending on how it is used and the person's intent in using it.

Here the both the lower court and the Sixth Circuit Court of Appeals, which includes Michigan, determined that even a plastic water pitcher placed on the courtroom table can be a "dangerous weapon" under certain circumstances. The pitcher was a standard water pitcher, about 10 inches tall, with a 6-inch handle and a 12-inch circumference. It weighed a mere ½ pound to 1 pound when empty. The appellate court stated, "It is reasonable to infer...that such a water pitcher swung with sufficient force and proper aim, was capable of inflicting serious harm." The court cited additional dangerous weapons case law that supports the notion that "Almost any object can be a dangerous weapon depending on how it is wielded in the circumstances." Other items found to be dangerous include "walking sticks, leather straps, rakes, tennis shoes, rubber boots, dogs, rings, concrete curbs, clothes irons, and stink bombs."

Continue reading "Court Determines Plastic Pitcher Is A Dangerous Weapon In United State v. Tolbert, Jr. " »

White-collar crimes can be some of the most complex and technical cases. In a recent Sixth Circuit case, United States v. Parkes, a businessman - Timothy Parkes - was convicted of 10 counts of bank fraud concerning the making of alleged fraudulent entries in the books of a small bank. However on appeal, the 6th circuit - which includes Michigan - reversed this white-collar crime jury verdict based on a lack of evidence.

If you have are under investigation for or have been charged with a white-collar crime such as fraud or embezzlement, it is important to speak with an experienced fraud lawyer in Michigan to immediately begin preparing your defense. Fraud charges often require in-depth knowledge of complex financial matters in order to investigate and defend. Consulting with a knowledgeable Michigan white-collar crimes defense attorney is important to ensure you get the best defense possible.

In Parkes, the prosecution claimed that the businessman had worked together with the bank president to create fraudulent entries meant to disguise troubled loans. Parkes was indicted for and convicted of ten counts of bank fraud pursuant to 18 U.S.C. Sec. 1344. At trial, in order to prove a violation of bank fraud the prosecution must show beyond a reasonable doubt that (1) the defendant knowingly executed or attempted to execute a scheme to defraud a financial institution; (2) that the defendant did so with the intent to defraud; and (3) that the financial institution was insured by the FDIC.

Parkes alleged on appeal that the no evidence existed at trial that he knowingly executed a scheme to defraud, intended to defraud the bank or even participated in the creation of the bank entries. The Sixth Circuit agreed. The appellate court determined that the lower court improperly excluded a number of key pieces of defense evidence, including the fact that the bank president on his own had made identical fraudulent entries.

Continue reading "Bank Fraud Jury Verdict Overturned Based On A Lack Of Evidence" »

According to a press release from the Department of Justice, a Detroit area man has been charged and arrested for masterminding an alleged Medicare fraud scheme worth $30 million. Reports claim that the man devised a scheme involving the submission of fraudulent claims for Medicare services that were either medically unnecessary or never performed involving at least four different home health agencies. The health agencies named in the complaint were located in Ypsilanti and Detroit.

Many times, white-collar crimes such as fraud or embezzlement charges are based allegations requiring complex accounting knowledge and investigation. If you are being investigated by a federal grand jury or are facing federal charges, it is imperative to speak to a Michigan criminal defense lawyer who understands the federal justice system immediately.

White-collar criminal charges can be serious and include several different types of alleged activity including:

• Fraud and embezzlement
• Medicare fraud
• Bank fraud
• Identity theft
• Bad check writing
• Credit card theft
• Sarbanes-Oxley violations
• RICO charges

The potential penalties vary on the type of fraud alleged, the amount of money involved and whether a crime is charged under federal or state law. Although consequences may be harsh if convicted, and may include potential jail time and substantial fines and penalties, in many cases an experienced Michigan fraud defense attorney can help you avoid jail or be able to get felony charges reduced with thorough investigation and aggressive defense.

Continue reading "Detroit Area Man Charged With Masterminding $30 Million Fraud Scheme in United States v. Mehmood " »