Under the state penal code, making off without paying a restaurant bill can result in a charge of petty theft. That being a misdemeanor might not seem like much of a big deal to many reading this right now. But in cases where evidence suggests the alleged perpetrator engaged in the activity in a serial sort of way, felony charges of grand theft can follow. And if the government succeeds in making its case, it could mean significant incarceration time.
Suspect faces possible 13 years
One recent case in the news now serves to highlight this point. The Los Angeles District Attorney's Office states that a 45-year-old man stands accused of 10 felony counts and two misdemeanors stemming from a string of alleged instances of making off without paying.
According to authorities, the man took at least eight women he met online on dates to restaurants over a span of nearly two years, sometimes ordering massive quantities of food and beverages. He allegedly then made some excuse and left the dates holding the checks. Authorities say he defrauded the women out of more than $950 dollars - the threshold at which such a crime can trigger felony charges.
In this matter, the defendant is facing one count of grand theft, seven counts of extortion and two counts of attempted extortion. Two cases in which prosecutors say the restaurants paid the tabs, misdemeanor charges have been brought.
These are serious matters, as are any criminal allegations brought. And anyone arrested and facing charges need to appreciate the severity of the consequences. In this case, prosecutors say the defendant could receive as much as 13 years in prison if convicted on all counts.
It is crucial to remember that being charged with a crime is not a presumption of guilt. Indeed, in our system of justice, defendants are presumed innocent and it's the responsibility of the government to prove its allegations beyond a reasonable doubt.
If are suspected of a crime or been arrested, for the sake of protecting your rights, your first move should be to consult an experienced criminal attorney.
]]>One enforcement tool often seen around major holidays are DUI checkpoints. Though fairly common nowadays, many people still have questions when it comes sobriety checkpoints. Here are some answers.
Are DUI checkpoints legal?
Yes, though many still question their constitutionality. For a long time, sobriety checkpoints were considered illegal, because it was argued they violated drivers' Fourth Amendment rights to unreasonable search and seizure. In 1990, the U.S. Supreme Court ruled that DUI checkpoints did not violate citizens' rights if they were conducted appropriately. It left the definition of "appropriately" up to individual states.
The California Supreme Court adopted "functional guidelines" law enforcement agencies must abide by when conducting DUI checkpoints. According to these guidelines, officers must:
Where do checkpoints happen?
According to the LAPD's website, DUI checkpoints are often placed in areas around the metro area with high collision rates or frequent DUI arrests. Unlike some states, California requires police departments to announce when and where DUI checkpoints will occur, usually through their websites and/or local news outlets.
Can I avoid a DUI checkpoint without penalty?
Yes, but you must follow all normal traffic rules. DUI checkpoints are often clearly marked in advance, so drivers may avoid them by taking side streets or performing legal U-turns with no problem. Officers generally are not allowed to pursue or pull over someone for legally avoiding a DUI checkpoint.
What happens if I get arrested at a DUI checkpoint?
As "administrative inspections," sobriety checkpoints waive officers' responsibility to have probable cause to pull someone over. That said, officers still need probable cause to believe you are driving while impaired to arrest you. In this regard, being pulled over for DUI and being stopped at a DUI checkpoint are no different. If officers did not have reasonable suspicion to believe that you were intoxicated, improperly administered field sobriety tests or did not inform you of your rights, you could use these violations as defenses in your DUI case.
]]>What is insider trading?
Insider trading involves buying or selling a security by someone with insider or nonpublic knowledge of that security. It can also include passing along a tip to someone who then buys or sells a security. However, you must buy or sell that stock to commit insider trading. Maybe you were planning on selling your stock, and then you receive information that will likely increase the stock’s price. You decide not to sell. You are not guilty of insider trading because no securities were bought or sold.
Who is an insider?
An insider is a director, officer, or another employee of the company. If, as an insider, you have information that could affect the stock price of your company, you have an obligation to disclose it to the shareholders of your company or the public. If you do not disclose this information, then you must refrain from trading shares of the security. It would give you an unfair advantage.
Multiple ways to be accused of insider trading
Being given a tip from an insider in the company can also count as insider trading. Martha Stewart was charged with insider trading based on information she was given, which caused her to sell off nearly 4,000 shares of stock. For it to be proven illegal, the prosecution must show you were given nonpublic information from an insider that knew he or she was disclosing illegally, and you also knew that sharing this information was outside the realm of legality.
Even if you receive a tip from a financial advisor, you could still be in trouble with the Securities and Exchange Commission (SEC). If you want to trade stock based on given information, but you are unsure of its origin, you may consider contacting an attorney.
Misappropriation of information
Misappropriation of information is insider trading that often involves people like journalists or analysts. To do their jobs, these people often have access to sensitive information. Maybe someone passes along information about an innovation for a news story you are working on. If you buy stock in that company before the information is available to the public, you may be accused of misappropriating information.
According to the SEC, anyone convicted of insider trading faces time in prison, as well as civil and criminal fines. The maximum sentence is 20 years, and the maximum criminal fine for an individual is $5 million. For a company facing insider trading allegations, the maximum criminal fine is $25 million. Civil penalties are determined by the money gained or lost from the insider trading deal.
If you are facing an insider trading charge, you may consider contacting an attorney experienced in handing white collar crimes. An attorney can help you navigate the law and build a case in your defense.
]]>How is this possible?
This is possible because it is based on the RCO or Responsible Corporate Officer legal doctrine. Also known as the responsible relation doctrine, this doctrine states that corporate officers are basically “responsible” for knowing (and by extension accountable for) what is going on in the corporation. In RCO cases the jury is instructed to presume that the officers are aware and, based on this presumption, the officer or officers can be held accountable.
The case history
Two U.S. Supreme Court cases bear this out: United States v. Dotterweich (1943) and United States v Park (1975).
In the Dotterweich case the president and general manager of a pharmaceuticals company was found guilty of violating the Food, Drug and Cosmetic Act by shipping pharmaceuticals that were substandard.
In the Park case Acme Markets, a large national food store chain, was charged with violating the Federal Food Drug and Cosmetic Act. The violations were based on the company’s Philadelphia warehouse being unsanitary. The warehouse, which the company owned and stored food product in, was deemed unsanitary because it was infested with rodents.
John R. Park, Acme Markets company president, was also charged. As a defendant he claimed he had delegated the responsibility of clean up of the warehouses to his subordinates. The judge however ruled that Park had “a responsible relationship to the issue” and was therefore guilty.
The court of appeals
The court of appeals reversed this finding stating that the defendant could not be found guilty in the absence of “wrongful action” on his part.
The question was asked during the appeal that if the system of sanitation did not work, then whose responsibility was it to change it. The answer was that it was Park’s responsibility to ensure the system was working and if it was not then to change it (standard of care). What helped Park’s case was that the court recognized that the instructions given to the jury in the initial trial (based on the Dotterweich case) did not conform to contemporary court standards. It was also brought up that the word “responsibility” meant whatever the jury decided it meant. Burger gave the opinion of the court Douglas, Brennan, White, Blackmun and Rehnquist joined. Steward dissented and Marshal and Powell joined.
Understanding presumption
As stated above in RCO cases there is a presumption that the company officer knows, or should know, all that is happening within the corporation as he or she is in charge of the affairs (and responsible for) the business.
However, there are two facets to the word presumption in both common law and civil law. One is that a presumption (a logical legal inference based on the evidence), is a rebuttable presumption and can be proved to be false by someone coming forward and proving it to be false. For example, there is a presumption of innocence in criminal cases. Hence the phrase, “innocent until proven guilty.”
The second type of presumption is a conclusive presumption (or an absolute or irrebuttable presumption) and must be accepted without any chance for rebuttal. For example, in the United States any child under seven years old is conclusively presumed to be unable to commit a felony.
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5 Ways to spot telemarketing fraud
While this is by no means an exhaustive list, here are five red flags that the call is not legitimate.
Know what to look for
Here are three things to know when dealing with an unfamiliar company or even a business claiming to be a charity.
What to do if you suspect a scammer
The National Consumers League (NCL) as well as FBI.gov both offer information on businesses to watch out for. If you have been a victim of a scam report it as soon as possible to your local, state or federal law enforcement agency. Remember : If you are called you can always take time to think about an offer, say no, or, if you are feeling pressured, hang up.
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