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Allegations of White-collar Crime

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What You Need to Know About Allegations of White-collar Crime

Although violent crimes and felonies will typically carry significant consequences for a person convicted, white-collar crime is a serious issue as well. Far too many people downplay the potential implications of white-collar crime, and therefore, do not retain an experienced criminal defense attorney immediately.

However, white-collar crime can do damage to your reputation as well as to your record. If you are convicted of a white-collar crime, you can anticipate criminal penalties to apply as well as the potential for this criminal record to follow you around for years to come, making it difficult for you to get a new job or even to rent an apartment. Most people are not familiar with the many different kinds of crimes that fall under the umbrella of a white-collar crime classification. Most white-collar crimes fall under these various categories:

  • Fraud
  • Embezzlement
  • Tax evasion
  • Money laundering
  • Fraud

Many white-collar crimes include some type of allegation of fraud, such as taking money or property from another person for the purpose of financial gain. One of the most commonly referenced types of fraud has to do with securities.

Embezzlement

Embezzlement may include taking money illegally, usually from an employer. These cases may involve:

  • An employee who is secretly diverting money from an organizational account or the company into personal bank accounts.
  • An accountant who is accused of stealing from the company.
  • An investment advisor who is accused of misusing client money.

Tax Evasion

Illegal avoidance of taxes and any behaviors that are associated with it under federal or state tax laws are referred to as tax evasion. Tax evasion can even include filling out a tax form inappropriately. Both businesses and individuals can be accused of tax evasion. You can expect that if the government is pursuing tax evasion charges against you that they have already gathered evidence and therefore you need to respond swiftly and with the proper documentation.

Money Laundering

Money laundering encompasses a broad range of different types of activities that can all land an accused person in hot water. In general, it refers to;

  • The process of hiding illegally obtained money.
  • Transactions that make it look like the money was illegally obtained.

Other Types of White-Collar Crimes

These are just a couple of examples of the most commonly charged white-collar crimes. There are many different criminal acts that can fall under this umbrella and many of them are not properly understood by a person who is accused.

Often when prosecutors move forward with allegations of white-collar crime, they have already been studying the person for a long period of time and may have already developed a compelling case against you.

This is why it is so important to hire an experienced criminal defense attorney to represent you, because the other side has a leg up as they may have known about these issues for some time and are prepared to move forward with a trial immediately. Your lawyer usually plays multiple roles in these scenarios, all working towards the best outcome for you whenever that is possible. This includes:

Reviewing the evidence used to charge you

  • Evaluating whether or not your rights were violated
  • Communicating with prosecutors and working towards a plea deal
  • Gathering all the evidence and witnesses that could be used to illustrate your innocence in court
  • Making sure that if bail is assessed in your case, that it’s a reasonable amount given the circumstances.

You deserve to have someone in your corner who will do everything possible to protect your best interests, so do not hesitate to get help from an experienced lawyer immediately.

Contact the Law Office of John E. Kusturiss, Jr.

At the Law Office of John E. Kusturiss, Jr., we have more than 30 years of practice experience. We handle the defense of all types of criminal charges. Contact us online or call us at 610-565-0240 to arrange an appointment.

There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Avoiding Mistakes When Pulled Over for DUI

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Avoid These Pennsylvania DUI Mistakes When Pulled Over

If you have recently been accused of a DUI, the moments immediately after the officer pulls you over and accuses you of drinking and driving are important. This is because many people make the mistakes in their DUI case immediately after being accused, and don’t realize the administrative or the criminal penalties that may apply.

You should always speak with a lawyer to get more clarification on how you intend to proceed with a DUI case so that you have the facts fresh in your mind. This is one of the best ways to avoid a problem and to ensure that you take your case seriously.

What follows are several of the most common mistakes made at the scene of a DUI arrest:

  • Assuming that the case is impossible to win. If you speak to a criminal defender who starts to tell you immediately about your options for pleading guilty, it’s a good idea to get a second opinion. This can be a big mistake to assume that the case it over with before it even begins
  • Not visiting the scene. Make sure that you ask your criminal defense lawyer if they are comfortable or familiar with the area where the accident or the stop occurred. This is because you will want to conduct a comprehensive investigation and identify whether or not there are any challenges that can be used to threaten the government’s case.
  • Stipulating to the BAC presented by the authorities. You should never allege that the BAC is perfectly accurate until you have had an opportunity to identify whether or not this is true. In some cases, the machines used to identify blood alcohol content have not been properly calibrated or the person conducting the test did not know how to do it appropriately. You should always question whether or not this information is accurate rather than simply assuming that what the police officer says is automatically true.
  • Failing to put together a pre-trial motion. In practically every case of DUI in Pennsylvania, a pre-trial motion should be argued and filed. This is true even when no preliminary hearing was held.
  • Not questioning the validity of roadside tests. Roadside tests can be wildly subjective and may not actually identify whether or not a person is guilty of DUI. This is what makes it so important to retain an attorney who is knowledgeable about this field of the law and who will fight back.
  • Not using expert witnesses. Expert witnesses can make a big difference in winning and losing a trial. You may need to engage expert witnesses if there are extenuating circumstances in your case. This is particularly true as it relates to the reliability of breath or blood testing results. Expert testimony can be used to show that the officer in question was not handling the case appropriately. You need to talk to an experienced criminal defense attorney who is knowledgeable about DUI and one who regularly utilizes expert services. These are often an invaluable part of the equation.
  • Waiving a preliminary hearing. If you plan on contesting the charges against you, you should be prepared to head into the preliminary hearing. Just as if you pleaded guilty, you will be found 100% of the time by waiving a preliminary hearing because this means that you are not contesting the charges.

It is far better to schedule a consultation with an experienced criminal defense attorney who will walk you through every phase of your case and help you feel more prepared about what to expect. There are so many different circumstances that can affect the outcome of your DUI case but all of them can benefit from talking to a lawyer.

 

Contact The Law Office of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr., we have more than 30 years of practice experience. We handle the defense of all types of criminal charges. Contact us online or call us at 610-565-0240 to arrange an appointment.

There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Update: Lancaster Jury Delivers $8.5M Verdict to Disabled Boy

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Our client was born premature at 26 weeks. The first 10 days of his life he developed a grade four periventricular bleed on the left and a grade 3 periventricular bleed on the right. It goes without saying that he suffered a lot of brain damage as a result of these bleeds which had him developmentally delayed. The first seven months of his life he spent in AI DuPont Children’s Hospital dealing with these issues. Once he was stabilized he was transferred to defendant’s pediatric nursing home as he had a trach and was vent dependent. It was our expert’s opinion that he would’ve been trach free in five years but probably closer to two. At that point in time he would’ve been able to go home. Our expert opined that as a result of his brain injury from his prematurity he would’ve suffered mild to moderate permanent neurologic damage. While in the pediatric nursing home he was also on a feeding tube. Once again it was our experts opinion that he would’ve been able to be weaned off of the feeding tube within a couple years.

At eight months of age (5 months corrected age) he was found in cardiac arrest as a result of the trach being dislodged and his pulse oximeter not being attached to him in addition to being turned off. Our theory of the case was that if the pulse oximeter had been attached per the physician’s orders as his oxygen saturation went down the alarms would’ve gone off the problem found, corrected and he would’ve suffered no further injury. This was born out as he had had prior desaturations from plugs and other complications with the trach. It was defendant’s position that while they were negligent there negligence did not cause any further injury. Accordingly they stipulated to negligence but went to trial on causation. At the end of the trial we moved for a directed verdict on causation as we got the defendant experts to agree that the anoxic event did cause further brain injury. They still held to the position that he would’ve needed the total care he gets today as opposed to being able to go home as our expert testified to. Our life care plan totaled $19 million.

The verdict was for $8,490,000.00

The jury ended up splitting the difference between our projected lifespan and the defendant’s highest projected lifespan.

Now the rest of the story, we have just prepared a delay damages petition requesting another 1.7 million in delay damages.

Pennsylvania Court Awards $4.2 Million in Fracking Case

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Two families in northern Pennsylvania won a jury verdict against a local oil and gas company, after they alleged contamination of their groundwater as a result of fracking by the company. Scott and Monica Ely, and their neighbors, Ray and Victoria Hubert, were originally among 44 plaintiffs in legal action filed against Cabot Oil & Gas in 2009. The lawsuit contended that Cabot’s use of fracking to obtain oil and gas had rendered the groundwater in Dimock Township, northwest of Scranton, unfit for human consumption.

In fracking, a recently developed process in oil and gas exploration, oil companies drill deep into the earth and then inject a mixture of water, sand and chemical to force oil and gas to the surface. Though the procedure has only been in use for about a decade, lawsuits have been filed around the country, all claiming some loss. A Texas jury returned a $3 million verdict in 2014 under similar circumstances and the Oklahoma courts are currently considering claims that the controversial process has caused a substantial increase in earthquake activity in the state.

The jury in the Pennsylvania case awarded $2.75 million to the Elys and $1.45 million to the Huberts. Both families had refused to join a proposed settlement offer by Cabot. In pre-trial reports, it was learned that Cabot had been tagged with more than 130 violations at the Dimock drilling site, causing the contamination of approximately 20 drinking wells. The company is now legally prohibited from drilling in or around Dimock Township.

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr., we have more than 30 years of practice experience, including representing those with personal injury matters. Contact us online or call us at 610-565-0240 to set up an appointment. There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

New Law Gives Some a Second Chance

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The state of Pennsylvania, according to Lieutenant Governor Mike Stack, believes in punishment for wrongdoing, but also believes in giving people a second chance. A new law, signed by Governor Tom Wolf, targets people who have made a mistake, but attempts to return them to being productive members of society.

Under the new law, sponsored by Republican Senator Stewart Greenleaf, but supported from both sides of the political aisle, people with certain misdemeanors may petition the court to have records of a conviction sealed, contingent upon meeting certain conditions:

  • The misdemeanors that can be sealed are generally 2nd and 3rd degree misdemeanors, and ungraded crimes carrying a sentence of two years or less
  • To qualify to have those records sealed, applicants must have been free of arrest and conviction for at least 10 years; must have never been convicted of a felony, first-degree misdemeanor or second-degree simple assault; and must have a total of fewer than four misdemeanors.
  • Applicants must have paid all fines and costs assessed for any conviction
  • Applicants must also pay a processing fee of $132, though the court has discretion to waive that fee

There is substantial benefit to having such records sealed. They would no longer be available to the public, including employers conducting background checks on a job applicant. The records, would, though, still be accessible by state licensing agencies and law enforcement officials.

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr., we have more than 30 years of practice experience. Contact us online or call us at 610-565-0240 to set up an appointment. There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Three Retired Pennsylvania Priests Charged in Sex Abuse Cover-Up

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Three retired Franciscan priests were charged in mid-March by Pennsylvania Attorney General Kathleen Kane, related to what the state says was a cover-up of sexual abuse by a friar in the Catholic Church. The three—Giles Schinelli, Robert D’Aversa and Anthony Criscitelli, were the provincial ministers of the Franciscan religious order in western Pennsylvania during the friar’s tenure, from 1986 until 2010. Officials say that the friar, Stephen Baker, may have molested more than 100 children while under their administration. Baker committed suicide in 2013.

According to the Attorney General’s office, over 100 sexual abuse claims have been filed by individuals who attended Bishop McCort High School, in Johnstown, where Baker was employed between 1992 and 2000. Attorneys for some of the victims say, however, that it’s likely that the actual number of victims was substantially higher.

Alleging that the three retired priests were “more concerned about the protecting the image of the order…than in protecting the flock they served,” Kane charged all three with conspiracy and child endangerment. Kane said that all three knew that Baker had been accused of molestation by many students, but neglected to notify police, and continued to allow Baker access to children.

According to court documents, Baker served as a football coach and religion teacher, and apparently fondled or molested many students who came to him for treatment for sports-related injuries. He was removed from McCort by D’Aversa in 2000 based on what D’Aversa believed to be a credible allegation of sexual abuse, but was then reassigned to a position as vocations director for the order, where he was allowed to lead youth retreats in a number of states.

The charges come after a two-year investigation into alleged sexual abuse within the Catholic Church. During the course of the grand jury investigation, prosecutors say, they found evidence linking at least eight other Franciscan friars to acts of sexual abuse.

Contact Our Office

At the Law Offices of John E. Kusturiss, Jr., we have more than 30 years of practice experience. Contact us online or call us at 610-565-0240 to schedule a private meeting. There is no charge for your first consultation. We will meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Court to Hear Motion to Dismiss in Cosby Criminal Case

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Comedian Bill Cosby’s criminal trial in a Pennsylvania court is currently on hold, as an appeals court hears arguments on whether the case against him should be dismissed before trial. Cosby faces criminal charges in Montgomery County tied to allegations that he drugged and molested a Temple University employee in his home in Philadelphia in 2004.

According to Cosby, he had entered into an agreement with a former district attorney, whereby he was promised that he would never be charged with any crime tied to or based on allegations by Temple employee Andrea Constand. Cosby claims that that agreement should be binding on current district attorney Kevin Steele. Cosby and prosecutors acknowledge that Constand filed a complaint in 2005, and that an investigation took place, but that no charges were filed.

Common Pleas Judge Steven O’Neill, who took testimony for two days on the issue, ruled that there was no credible evidence that Cosby had entered into a binding agreement. Bruce Castor, the former district attorney, actually testified on behalf of Cosby, but admitted that the parties did not memorialize the agreement in writing. Cosby’s attorneys say that, based on a 2005 news release from Castor, they allowed Cosby to be deposed in a civil lawsuit tied to the alleged assault. They contend that the “new evidence” cited by Steele comes from testimony given at that deposition.

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr., we have more than 30 years of practice experience. We handle the defense of all types of criminal charges. Contact us online or call us at 610-565-0240 to arrange an appointment.

There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Pennsylvania May Take Lead in “Clean Slate” Legislation

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According to an ex-offender, most people who are convicted of a crime are also sentenced to “a lifetime of poverty.” Wayne Jacobs, now 66, spent much of his younger life in and out of correctional facilities, even serving time for involuntary manslaughter. He now runs a non-profit organization that seeks to help ex-cons get a fairer shot at a second chance. His group, X-Offenders for Community Development, has lobbied Philadelphia politicians to limit the use of criminal records in hiring. The lobbying has paid off, as the city recently enacted and implemented such a law.

Now Jacobs has set his sights higher. He expects that, within the next couple months, the Pennsylvania legislature will consider what he calls a “clean slate” law, a bill that will allow certain persons convicted or pleading guilty to specific low level, nonviolent crimes to have all records of those crimes sealed upon completion of court-ordered rehabilitation and sanctions.

One of the key components of the proposed law—it will make the sealing automatic upon completion of court-specified terms of rehabilitation. Accordingly, persons with such criminal records won’t have to file petitions one at a time.

Jacobs stresses that it’s not just convictions that keep people from getting good jobs. A record of arrest without conviction may also be available to a prospective employer, and can be used as a factor in determining whether to hire that person.

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr., we have more than 30 years of criminal defense experience. Contact us online or call us at 610-565-0240 to set up an appointment. There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

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Negligence Law and Hotels in Light of Erin Andrews Verdict

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The jury in the negligence lawsuit filed by ESPN sports reporter Erin Andrews against Marriott Hotels has found that the hotel giant was partially responsible for injuries suffered by Andrews after another guest videotaped her through the hotel room’s peep hole and posted the video online. The jury awarded Andrews $55 million in damages, and found the hotel chain 49% liable for the injuries caused.

Andrews was staying at the Nashville Marriott in 2008 when Michael Barrett, another guest at the hotel, booked the room next to her, unscrewed the peep hole in the door between the rooms, and filmed her after she came out of the shower. He posted the video online and it went viral, with more than 16 million views to date. Barrett was criminally prosecuted and spent time in jail after being convicted. Andrews also filed a civil action against Barrett and the Nashville Marriott, alleging that the hotel had failed to take reasonable steps to protect her safety and privacy. In her complaint, she stated that the hotel had negligently disclosed to Barrett that Andrews was staying at the hotel, allowed him to have the room next to hers without notifying her first, and failed to maintain the peep holes to prevent tampering.

Under Tennessee law (the same as in Pennsylvania), a hotel has a duty to take reasonable measures to protect guests from harm and from invasion of privacy. As part of this obligation, a hotel must notify guests of any perceived harm or threats to their safety or privacy. Andrews’ attorneys argued that, once Barrett inquired about Andrews and asked for a room next to hers, hotel employees should have notified her, as it was an unusual request.

Contact Our Office

At the Law Offices of John E. Kusturiss, Jr., we have more than 30 years of practice experience. Contact us online or call us at 610-565-0240 to schedule a private meeting. There is no charge for your first consultation. We will meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

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