Greetings!

 

Welcome to our monthly E-newsletter.  We hope that the stories and information you receive here will heighten your interest and awareness in criminal defense law and the issues surrounding the cases we come across.   

 

We like to keep life balanced and all of us can use a laugh now and then - so be sure to check out the new "Crazy Laws and Lawsuits" section each month for some levity.  Also browse the "News You Can Use" Section for Stories currently in the media revolving around Criminal Law. 

 

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Jeff Hammerschmidt and Mark Broughton 

Hammerschmidt Broughton Law Corporation

Phone: 559-772-4614

Jeff@hbcriminaldefense.com    

Mark@hbcriminaldefense.com

www.hbcriminaldefense.com

The Rising Tide of Financial Fraud

   

In November 2009 President Obama created the Financial Fraud Enforcement Task Force as a response to the rise in financial crimes following the financial crisis that struck the nation in 2007.  

 

In the Task Force's 2010 First Year Report, it states that the mission of the Task Force is to address "an exceptionally wide array of fraudulent activities: bank, mortgage, and lending fraud; securities and commodities fraud; retirement plan fraud; mail and wire fraud; tax crimes; money laundering... and other financial crimes and violations."

 

Some of the highest incidences of financial fraud are found in the mortgage industry. According to a June 2011 report from the
Financial Crimes Enforcement Network (FinCEN), a Treasury Department bureau that tracks illegal financial activity, reports of mortgage fraud increased 31 percent in the first quarter of 2011.  

 

This doesn't mean, though, that there were more occurrences of mortgage fraud in that period. The majority of the reports coming in to FinCEN were related to what the report refers to as "increasingly dated activities," meaning alleged mortgage fraud incidents - including those within the subprime mortgage lending market - that occurred during the housing boom between 2006 and 2007, the resulting crisis of which is considered to have precipitated the national economic fallout that occurred in 2008.

 

Among the other types of financial crimes that the Financial Fraud Enforcement Task Force is charged to investigate and prosecute are workers compensation fraud. Since the economic downturn that beset the nation beginning in 2008, workers compensation fraud by employers has seen an increase. In a  2009 report on an interim fraud survey conducted by the Coalition Against Insurance Fraud (CAIF) it was concluded that: 

 

"overall, the economy in 2009 appears to have had a significant impact on the incidence of fraud.  On average, fraud bureaus reported the number of referrals received and cases opened increased in all 15 categories of fraud included in the survey."  

 

The CAIF conducted the survey in an effort to learn trends in the frequency and severity of insurance fraud, and how economic conditions were affecting the bureaus themselves.

 

Echoing the conclusions of the CAIF's report, a 2010 report from the Florida Department of Financial Services, Division of Insurance Fraud, similarly found that "the constant changes in the economic landscape of Florida... continue to catapult insurance fraud... to the forefront of vulnerabilities" in the insurance fraud spectrum.  

 

Both reports equally revealed that, while workers compensation fraud by employers showed the least amount of increase out of all the categories, it nevertheless deserved inclusion among the categories of fraud determined to be influenced by economic conditions.

 

While fraud certainly cannot be excused, it is clear that downturns in the economy will create higher levels of fraud at the very time when government resources that are available to punish those convicted of fraud are at their lowest.

Testimonials

"Mark Broughton helped me 10 months ago when [the] DMV suspended my drivers license because [of] my diabetic condition.  

 

He spent hours trying to get a hearing, he arrived on time, had all supporting documentation on hand, and demonstrated an absolute command of the hearing. All that with a pleasant manner.   In 15 minutes my license was reinstated. And his fees were reasonable!"

Crazy Laws & Lawsuits

 

Foiled Again?  

 Get Out Of Jail Free Card

Recently in North Carolina, a man walked into a bank, politely gave the teller a note that stated "This is a bank robbery. Please only give me one dollar." then promptly sat down to wait for police to arrest him.

 

Upon arrest it was found that the ailing 59 year old "bank robber" was not carrying a weapon and was intent on being arrested.   

 

Claiming to be "...sort of a logical person..." he explains that with no job, medical insurance or money and a laundry list of medical problems -- jail was his best option for housing and medical care.

  

The bandit hopes for a three year sentence which would enable him to collect Social Security after release. Unfortunately(?), police reduced the charges so he may not get as much jail time as he planned for.    

 

News You  

Can Use:

  

No Jail Time For Woman Whose Son Was Killed By Driver

  

 


In what many believe was a merciless absurdity of justice, a woman who was convicted of a misdemeanor charge in the death of her son who was killed while crossing a street will not go to jail. The case attracted ...

Continue Reading



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Bill Would Abolish Death Penalty

  

 

 

A new bill in Sacramento could put a stop to death row. If the bill is passed, anyone sentenced to the death penalty would receive life in prison. In the last 30 years... 

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About Hammerschmidt Broughton Law Corporation


The Hammerschmidt Broughton Law Corporation is dedicated to providing the highest level of legal representation to persons accused of crimes in Federal and State courts. We also represent clients in Department of Motor Vehicle driver's license revocation hearings and administrative licensure proceedings. We take on appeals, expungements and other post-conviction matters.

 

The firm is rated "AV" by Martindale Hubbell, the highest rating awarded to a law firm. The firm is also listed in the Bar Register of Preeminent Lawyers, a distinction reserved for the top five percent of law firms in the United States. The firm focuses on putting the client's needs first by keeping clients up to date on the status of the case, and by returning telephone calls quickly.

 

Contact Us to discuss your case. The sooner you call for a free consultation, the sooner we can begin working for you.

Disclaimer: The information you obtain in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.