Author Archives: Jay Butchko
Recent Developments in Stand Your Ground and Defenses to Weapons Charges in Florida
A new case involving the “Stand Your Ground” statutes is before the Florida Supreme Court. Love v. State of Florida, Case No. SC18-747. Interested persons and associations are paying careful attention. The issue before the Court is whether the statutory procedure in court for asserting “Stand Your Ground” is constitutional, and if the procedure… Read More »
Ice Cream Shop Visit Leads to DUI for Florida Man
DUI stops tend to occur when someone is pulled over while driving. Rarely do they result from visits to the ice cream shop, but that was what happened recently in Florida. Instead of a sweet treat, a man got a ride in a police car. The incident happened on October 8 at Royal Scoop,… Read More »
Is Florida the Worst State for Drug Rehab Crimes?
Both the beauty of Florida, and ease of entering drug rehabilitation, make the Sunshine State an alluring spot for drug users to seek treatment. With an assortment of treatment options comes an even larger assortment of drug rehab crimes, many which are federal. Florida’s perpetual rehab industry nets billions in insurance payments for owners… Read More »
When Does Predatory Mortgage Lending Become Mortgage Fraud?
The FDIC loosely defines predatory mortgage lending as an abusive and unfair extension of credit, though it’s unclear what defines “abusive and unfair”. Some industry experts believe predatory practices are those “which systematically violate loan terms and put borrowers at an unfair disadvantage when defending against those practices”. Predatory practices become mortgage fraud when… Read More »
Breaking Down the Three Stages of Money Laundering
By design, money laundering involves camouflaging profits obtained from illicit activities or exploitation into presumably “authentic” resources. Through a series of “cloaking”, or layering, individuals are able to take dirty money and turn it into legitimate earnings without drawing attention to law enforcement. Common methods of unloading surplus cash obtained illegally involves ‘rinsing’ money… Read More »
How to Defend Yourself in Securities Fraud Cases
Thousands of once aggressive stock traders who’ve spent eons allegedly making sound investment decisions suddenly find themselves dubbed as white collar frauds for poor financial choices. These are normally upstanding citizens well-known in financial circles in New York, California, and even rural USA. However, there are those who commit crimes that take investor funds… Read More »
Possible Defenses to Weapons Charges in Florida
Floridians’ rights to bear arms are supposed to be constitutionally protected, and generally they are. Exceptions to that rule include laws that prevent persons with mental incapacities from carrying firearms, felons who cannot own firearms and persons who are unlicensed yet brandish weapons in plain sight. These persons, along with crimes they may commit,… Read More »
White Collar Crime: Not What it Seems
When you think of “White Collar Crime,” what do you think of? Do you think of a person in an expensive suit sitting behind a desk skimming money off the top of an investment account? For many, this is the portrait the phrase “White Collar Crime,” paints for them. This is not necessarily a… Read More »
ASSET FORFEITURE IS REVERSIBLE
Law enforcement officials who suspect persons are operating an illegal enterprise may seize personal assets and sell personal assets. This means innocent owners of homes, vehicles, cash, bank accounts and high-end personal items may have their property seized and sold at auction. It’s embarrassing, inconvenient and may jeopardize a family’s future. In addition, Federal… Read More »
Possession of a Controlled Substance
Possession of a controlled substance in recent years seems to be as normal as getting a parking ticket. More and more people are finding themselves in situations where they are caught in the wrong place at the wrong time. Oftentimes these encounters stem from bad decision making or outside influence. Peer pressure plays a… Read More »