Michigan Criminal Lawyers Blog

April 9, 2015

Former Troy Resident Convicted by Federal Jury of Structuring Financial Transactions

Recently, it was announced by U.S. Attorney Barbara L. McQuade and Special Agent in Charge Jarod J. Koopman of the IRS – Criminal Investigation unit that former Troy, Michigan resident Irvin Flemming had been convicted of structuring financial transactions by a federal jury. Flemming was involved in a drug trafficking organization orchestrated by Carlos Powell, an organization which was investigated over a period of several years.

According to the press release, Flemming’s role in the drug operation was to make financial transactions in a way that would prevent law enforcement from detecting the true source of the funds and Powell’s illegal drug activities.

The investigation, which was conducted by agents and officers from various organizations and county, city, and state law enforcement agencies including the DEA, Homeland Security, Michigan State Police, officers from Detroit, Plymouth, Warren, Redford, Northville, and others, led to the discovery that Flemming was structuring, or causing to be structured, nearly $240,000 in cash that belonged to Powell in September and October of 2010. Flemming was structuring deposits into bank accounts he controlled, depositing amounts of $10,000 or less with each deposit so that the banks/financial institutions would not report the transactions. Financial institutions are required under law to file a report regarding deposits of more than $10,000.

April 7, 2015

Iowa Traffic Stop Results in Marijuana Possession Charges

by Scott Grabel

In the early morning hours of Tuesday, April 7, a traffic stop in Red Oak resulted in two individuals’ arrests for possession of marijuana and drug paraphernalia. According to a news report at Kmaland.com, the stop was conducted just north of Villisca near the intersection of Highways 71 and 34 at about 2 a.m.

One of the men, 19-year-old Alex Kristofer Tucker, is a resident of Cherokee, IA. The driver of the vehicle stopped by deputies is 21-year-old Kevin Eduardo Salinas of San Antonio, TX. Both men were arrested and taken to the Montgomery County Jail in Red Oak, where they are held on $1,000 bond each. Deputies were assisted in the investigation by the county K-9 officer.

Possession of marijuana is a serious drug offense in many states, although some have made the use of marijuana for recreational purposes legal. In Iowa, it is still illegal to possess marijuana. Penalties for first-time offenders include fines of up to $1,000 and a maximum of six months in jail.

April 6, 2015

Seattle High Speed Chase Ends in Crash, DUI Charges

by Scott Grabel

At approximately 1 a.m. on April 5, a high-speed chase resulted in a two car crash on the 520 Bridge in Seattle, according to news reports at the Seattle Times. One person is in custody after being arrested on charges of DUI with assault; that individual is also likely to face charges of eluding police, according to the report.

Washington State Trooper Chris Webb said that the person who was arrested was driving his BMW at speeds of up to 100 miles per hour in an effort to flee from police. The BMW eventually crashed into another car, with both vehicles being totaled. The crash occurred in the eastbound lanes of the 520 Bridge, causing those lanes to be closed for several hours.

Reports claim the driver of the BMW and an occupant of the vehicle that was struck during the chase sustained minor injuries, and were treated at Harborview Medical Center.

April 3, 2015

Mississippi Man Convicted of 2009 Murder Loses Appeal

by Scott Grabel

Recently, Darrell Brooks, a Gulfport, MS resident, lost his appeal of his murder conviction for the fatal shooting of 29-year-old David Shivers Jr. in December of 2009. Brooks was convicted in 2011 for the shooting of Shivers, who died in his home. He was sentenced to life in prison without parole.

Brooks appealed his conviction and requested a new trial based on the argument that in his initial trial, there were no eyewitnesses that could link him to the fatal shooting, and no physical evidence supporting the allegations against him. At the time of Shivers’ murder, his mother, brother, and brother’s girlfriend were in the home, but none of the three actually saw the shooting although they did hear a gunshot. The presence of glass from a kitchen window led investigators to believe that Shivers was shot through the window.

The state Court of Appeals said on Tuesday, March 31, that there was evidence that Brooks, whose estranged wife was dating Shivers at the time, followed her; the appeals court also said evidence existed that Brooks had threatened to kill Shivers. In addition, Brooks attempted to secure a gun from two people according to the appeals court, and two witnesses testified at trial that Brooks had requested of them to use them as an alibi for the night in question when Shivers was fatally shot in his Gulfport home. The Court of Appeals denied Brooks’ request for a new trial.

April 2, 2015

Sexual Assault & Campus Safety – April is Sexual Assault Awareness Month

by Scott Grabel

April is Sexual Assault Awareness Month, an effort that began in the 1970’s and progressed over the decades after women in England protested the violence they encountered as they walked the streets after dark. These marches were known as “Take Back the Night,” and as word spread, the protests against violence against women grew. The first SAAM, or Sexual Assault Awareness Month, was observed across the U.S. in April of 2001.

Sexual assault on college campuses has become a growing concern in recent years, as more and more students are sexually assaulted both on and off campus. At Michigan State University, a program has been developed to both create a community that is free of violence and oppression, and respond to the students/families who have been impacted by sexual violence. Unfortunately, rape and sexual assault occur far more often than most people realize. MSU has numerous upcoming events in April addressing these issues, including Healing Through Movement on April 7 and 21, Greater Lansing Take Back the Night on April 8, Race for the Place on April 12, and Lavendar Reception & Mosaic Awards on April 19.

In April of 2014, the White House released “Not Alone, The First Report of the White House Task Force to Protect Students from Sexual Assault.” This report addresses identifying the problem with college campuses and sexual assault, preventing sexual assault on campus, responding by others when sexual assault occurs on a student, and improving the enforcement efforts of the federal government, making these efforts more transparent. The report can be found here.

March 30, 2015

Indiana Man Faces DUI, Child Endangerment Charges in Michigan

by Scott Grabel

On Friday, March 27, 34-year-old Mitchell Majewski of Mishawaka, IN was arrested on DUI and child endangerment charges in Decatur Township after sheriff’s deputies with the Van Buren County Sheriff’s Department witnessed a vehicle weaving in a traffic lane at about 7:30 p.m. The sheriff’s deputies noticed the vehicle drifting in the area of M-51 and 45th Street, according to a news report at Mlive.com.

According to police, Majewski had an open container of beer inside the vehicle, and appeared to be under the influence of alcohol. Upon checking his license, police found that it had been suspended in both Indiana and Michigan. It was also revealed there was a misdemeanor warrant out for Majewski’s arrest issued by the 5th District Court in Niles. Majewski was apparently driving while under the influence with his children, a 5-year-old boy and 9-year-old girl, in the vehicle. The children were turned over to family members.

The article made no mention of whether it was Majewski’s first DUI arrest, however charges of child endangerment and driving on a suspended license are also serious matters. In Michigan, a child endangerment DUI conviction may result in fines of up to $1,000, up to one year in jail, vehicle immobilization, and more for a first offense. Criminal penalties for a first DUI include fines, possible jail time, license suspension, community service, and additional sanctions. Penalties become more severe for repeat offenders, charged with DUI a second, third, or even fourth time. However, when children’s lives are put in danger, the criminal penalties are extremely harsh.

March 27, 2015

Bloomfield Hills Doctor Pleads Guilty to Conspiracy to Commit Health Care Fraud

by Scott Grabel

On Monday, March 23, 64-year-old Kutub Mesiwala of Bloomfield Hills pleaded guilty to conspiracy to commit health care fraud, according to a recent news article at Mlive.com. Mesiwala was allegedly involved in a scheme in which he exploited Medicare by referring patients to a home health agency located in Detroit who paid him kickbacks, according to the U.S. Attorney’s office.

Mesiwala and owner of Advance Home Health Care Services Amer Ehsan were both involved in the scheme in which Medicare was billed for services to patients that were either never provided to those patients, or unnecessary. In all, the referrals by Mesiwala to the Advance Home Health Care Service resulted in billings paid to the home health care agency in an amount exceeding $770,000. Investigators also found that other agencies had received more than $118,000 from the fraudulent Medicare billings.

In July of last year, Amer Ehsan pleaded guilty to charges of conspiracy to commit fraud after collecting more than $3.5 million in Medicare billings. He is scheduled for sentencing on June 16. Mesiwala is scheduled to be sentenced October 5.

March 27, 2015

New Jersey Police Officer Involved in Deadly Wrong Way Crash Had Prior DUI Arrests

by Scott Grabel

Last week, two men were killed in a crash involving Pedro Abad Jr., a six-year veteran police officer with the Linden Police Department in New Jersey. Abad was allegedly driving the wrong way on the West Shore Expressway in Staten Island when he caused an accident that left Frank Viggiano, a Linden police officer, and civilian Joseph Rodriguez dead. Another fellow officer was also critically injured in the accident. There was no mention as to whether Abad was under the influence of alcohol at the time the crash occurred, although he did have two DUI arrests since 2011, according to an ABC News report.

The two men killed in the crash, which involved Abad hitting a tractor-trailer rig head-on, were passengers in Abad’s Honda. The men had been at a strip club in Staten Island prior to the crash; investigators were continuing to probe whether Abad had been drinking alcohol at the club prior to the deadly crash.

In 2011, Abad was arrested on DUI charges after crashing through the wall of a supermarket in Roselle. Just over a year later, he was again charged with DUI after he failed to pass a field sobriety test in Rahway. His driver’s license was suspended for approximately 8 months beginning in October of 2013, and his vehicle fitted with an ignition interlock device, which was removed in September of 2014. Linden police refused to comment regarding whether Abad had faced restrictions or sanctions as a result of his prior DUI arrests under department guidelines.

March 24, 2015

Drug Dealer ‘Flips’ on Customers, Helps FBI Bring Down Nine Customers in Baltimore Area

by Scott Grabel

Recently, a man who was using a motor home to transport and sell cocaine and heroin “flipped” on his customers after he was caught by authorities transporting the drugs. While the drug dealer’s name was not revealed in an article at the Baltimore Sun, nine men were charged in the case after the dealer began working with law enforcement and setting up transactions with buyers.

A tipster allegedly alerted the FBI to a drug shipment that initiated in California and was on its way to Aberdeen in the motor home, which had Louisiana plates. The driver of the motor home was taken into custody after he arrived in the Baltimore area in early August of last year.

Five of the men had previously pleaded guilty in the case. On Friday, March 20, four of the men were convicted by a federal jury. Those found guilty include 35-year-old Ronald Sampson, 30-year-old Dominic Parker, 39-year-old Jermaine Cannady, and 29-year-old Cornell Brown. Brown and one of the men who had pleaded guilty, Tavon Hopkins, had more than $155,000 cash in a bag when they arrived to purchase four kilograms of cocaine from the informant, according to prosecutors.

March 23, 2015

Crash Involving Two Drunk Drivers in Rockville Centre Results in DWI Charges

by Scott Grabel

On Saturday, March 21, two motorists in Rockville Centre near Long Island crashed into each other on Merrick Boulevard, according to a recent news article at Newsday. The two drivers were 38-year-old Melody Thompson of Valley Stream, and 34-year-old Peter Serra of Oceanside. Both were charged with driving while intoxicated following the collision early Saturday morning.

While neither of the drivers were injured, two passengers in Thompson’s vehicle did sustain serious injuries. The accident occurred just before 5 a.m. according to a police report, when Serra’s vehicle struck Thompson’s as she was traveling in an eastbound direction. Serra was driving his SUV in a westward direction in the eastbound lane. In addition to driving while intoxicated, Serra was charged with reckless driving and first-degree vehicular assault.

A woman who was riding in the front passenger seat of Thompson’s vehicle suffered head trauma and multiple leg fractures. In addition, a woman riding in the back of Thompson’s vehicle suffered head trauma and a fracture to her left arm. She was listed in serious condition, while the woman riding in the front passenger seat was listed in critical condition.