To illustrate, immigration recently came to the forefront a few weeks ago when the House State Affairs Committee was called upon to consider House Bill 3738, a measure that would prohibit state law enforcement officials from making any inquiries about immigration status to either the victims or witnesses of crimes.
The bill, sponsored by Rep. Lon Burnam (D-Fort Worth), passed the committee by an 8-4 vote with the support of five Democrats and three Republicans.
"This session's tone is completely different from last session's tone," said Burnam. "People are recognizing that there are fundamental questions and problems in our community that need to be addressed, and this bill is one of those issues."
]]> It should be noted that while HB 3738 expressly prohibits law enforcement from asking about "the national or immigration status" of victims/witnesses, they may still do so if it is germane to the investigation. Furthermore, the bill is only applicable in the reporting of a specific crime and doesn't grant any sort of immunity from prosecution.HB 3738 has gained the support of both immigrant advocacy groups and law enforcement officials, both of whom say the measure is necessary as it will help curb the inherent distrust/fear that many immigrants have of the police and encourage them to come forward if they need assistance.
"It is critically important for law enforcement to gain the trust of all segments of our population," said Austin Police Chief Art Acevedo, one of the bills primary supporters. "It is simply a bill that will assure the immigrant population that police officers are there to investigate crimes and not to be an ICE agent."
It remains to be seen whether HB 3738 will pass the full House with such ease, but supporters remain optimistic that lawmakers will look beyond any controversy and see the bill for its merits.
Stay tuned for updates from our San Antonio criminal defense blog ...
This post was provided for informational purposes only and is not to be construed as legal advice.
Source: The Fort Worth Star-Telegram, "Bill would bar Texas law officers from asking crime victims about immigration status," Dave Montgomery, May 2, 2013
]]>This might soon change, however, as researchers in Sweden recently completed a study in which they were able to detect the presence of 12 different controlled substances with an accuracy rate of 87 percent using a roadside sobriety testing device.
]]> In the study -- published in the latest edition of the Journal of Breath Research -- the researchers used a commercially available breath test called a SensAbues to test the breath of roughly 40 patients who had consumed various drugs in the previous 24-hour timeframe and who were recovering at an addiction clinic.The breath test was able to detect cocaine, heroin, marijuana, morphine, diazepam (i.e., Valium), aiprazolam (an active ingredient in Xanax) and methamphetamine, to name only a few.
"Considering the samples were taken 24 hours after the intake of drugs, we were surprised to find that there was still high detectability for most drugs," said Prof. Olof Beck, one of the primary authors of the study.
How exactly does the test work?
The SensAbues device consists primarily of a mouthpiece and a micro-particle filter that is designed to separate saliva and large particles from micro-particles in the breath. These micro-particles -- which contain traces of illegal narcotics -- are then deposited onto the filter during the breath test. The filter can then simply be sealed, stored and submitted to a lab for testing, theoretically eliminating the need for a blood or urine test.
It's safe to say that this drug detection roadside test is still a long way from becoming standard equipment in squad cars across the U.S. However, it's highly likely that states like Colorado and Washington, which have legalized possession of small amounts of marijuana, will pay close attention to the development of the technology.
Remember, a DUI arrest leaves you with a criminal record that could affect your job prospects, ability to obtain loans or future opportunities. You may also face serious fines, the loss of your driver's license and jail time.
If you have been charged with drunk driving, be certain to contact an experienced legal professional who will know what questions need to be answered. Did the police have probable cause to stop your car? Were you read your Miranda rights? When was your blood alcohol content measured?
Source: WebMD, "Swedish researchers detected signs of recent cocaine, marijuana, narcotic and other substance use," Robert Preidt, April 26, 2013; The Inquisitr, "New breathalyzer test detects drugs too," Melissa Stusinski, April 28, 2013
]]>According to reports, Joseph Lombardo, the founder and managing director of Ohio-based Prim Capital Corporation was arrested last Thursday, and charged with a multitude of white collar crimes, including attempted mail fraud, attempted wire fraud and obstruction of justice.
Federal prosecutors are accusing Lombardo of attempting to defraud the New York-based National Basketball Players Association -- the union for professional basketball players -- out of $3 million.
]]> Specifically, the complaint states that Prim Capital served as the main investment firm for the NBPA for over a decade, managing $250 million in assets and providing financial services for players.Prim Capital was asked to provide the U.S. Department of Labor with copies of agreements made with the NBPA as part of an ongoing investigation into the union last year. The firm complied by submitting an agreement indicating that it earned a $350,000 yearly fee from the NBPA, but produced another agreement several months later indicating that it actually earned a $602,000 yearly fee.
Federal prosecutors are now alleging that the signatures on this contract were forged, bearing the name of the NBPA general counsel who had died several months earlier.
"As alleged, Joseph Lombardo faked the signature of a dead man as part of manufacturing a multi-million dollar contract out of whole cloth that, had it been enforced, would have caused significant losses for basketball players who entrusted him with their savings," said U.S. attorney Preet Bharara.
If convicted, Lombardo faces up to 20 years on prison on each of the fraud charges.
It's important to note that white collar crimes are an altogether different kind of case, with law enforcement typically having a difficult time finding hard evidence or a smoking gun. Consequently, it's extremely important to make sure that investigators don't trample on a person's rights during the course of their investigation.
Accordingly, if you have been charged or are currently under investigation for any white collar crime, you should strongly consider contacting an experienced legal professional.
Source: The Chicago Tribune, "Investment firm founder charged with trying to defraud NBA union," Jessica Dye, April 25, 2013
]]>In fact, one form of transportation that has become significantly more popular over the years is the golf cart. No longer confined to the rolling greens of the 18-hole course, golf carts are a favorite of suburban dwellers looking to tool around their neighborhoods to event staff working major sporting events.
As it turns out, those who operate golf carts in any location here in Texas may want to think long and hard about their alcohol intake before getting behind the wheel as law enforcement officials can actually charge you with driving while intoxicated.
]]> Consider a recent case out of Fort Worth, where two off-duty police officers were directing traffic following a race at the Texas Motor Speedway back in April 2011.Here, one of the officers noted a golf cart carrying three adult men was being driven on the grass and weaving between automobiles waiting to exit the parking lot. After it nearly struck a pedestrian, one of the officers attempted to stop the golf cart only to be ignored by its driver.
The other officer attempted to stop the golf cart by running alongside it and steering it into a fence, before finally jumping on the back and ordering the driver to stop. The driver, however, proceeded to ignore this second order and was later stopped due to the intervention of a track employee riding an ATV.
The golf cart driver ultimately failed multiple field sobriety tests and his blood alcohol content was measured at .16, double the legal limit. He was arrested and later convicted of driving while intoxicated.
Interestingly, the golf cart driver appealed his conviction arguing that the definition of "vehicle" under Texas' drunk driving laws was overly broad. For those unfamiliar with the law, it defines vehicle as any "device in, on, or by which a person or property is or may be transported or drawn on a highway." This includes everything from a car and golf cart to a bike and skateboard.
In a decision issued just last week, the three-member appellate panel upheld the golf cart driver's DWI conviction. Here, the court declined to address his argument concerning the overly broad definition of vehicle on purely procedural grounds -- he failed to raise any objections during the course of his trial.
This, of course, means that golf cart drivers throughout the Lone Star state will likely want to line up a designated driver for the foreseeable future if they plan to drink.
Stay tuned for more from our San Antonio criminal defense blog ...
A DUI arrest leaves you with a criminal record that could affect your job prospects, ability to obtain loans or future opportunities. You may also face serious fines, the loss of your driver's license and jail time.
If you have been charged with drunk driving, be certain to contact an experienced legal professional.
This post is provided for informational purposes only and is not to be confused as legal advice.
Source:
The Dallas Observer, "Yes, you can get thrown in jail for drunk driving a golf cart at Texas Motor Speedway," Eric Nicholson, April 22, 2013
]]>Senate Bill 612, sponsored by Senator Eddie Lucio (D-Brownsville), would mandate that anyone who either files an application to have their name put on a ballot for public office or who makes a declaration of write-in candidacy to submit to mandatory drug screening and testing.
The screening/testing would be performed at the expense of the candidate and carried out by the authority with whom they filed their ballot application or write-in declaration.
]]> Once the test is completed, the prospective candidate would have to sign a waiver of confidentiality and the results would then be forwarded to the Texas Ethics Commission. Here, the commission would release the results of the drug screening/test a minimum of 45 days before the primary election or the general election (if no primary is held).Under SB 612, the failure to submit to the drug screening/test or sign the waiver of confidentiality would result in the prospective candidate's name being withheld from the ballot.
Those opposed to the bill have already raised multiple concerns including its costs and, more significantly, whether it is even necessary given the laws already in place.
"Of course there are a number of laws about drug use and if a public official was to violate those laws, we'd go before the court and if there was a conviction that would be public record. So I think there already are things to help with that," said Amarillo Mayor Paul Harpole.
SB 612 is currently before the Senate Committee on State Affairs. If passed, it would go into effect next September.
What are your thoughts on the bill?
Stay tuned for further updates from our San Antonio criminal defense blog ...
If you have been charged or are currently under investigation for any type of drug crime, be certain to contact an experienced legal professional.
This post was provided for informational purposes only and is not to be construed as legal advice.
Sources:
KVIH-TV, "Texas public elective office candidates could face drug testing," Andrea Flores, April 16, 2013
Texas Legislature Online, "History: Senate Bill 612"
]]>Part of the problem in Texas, experts argue, is that there are currently no uniform discovery requirements in criminal cases. Instead, state law dictates that prosecutors are only obligated to provide criminal defense lawyers with basic information about the crime and even then, this only happens if it's ordered by the presiding judge.
Experts indicate that this absence of uniform discovery requirements puts Texas in the minority of states and actually serves to encourage prosecutorial misconduct, including the deliberate withholding of potentially exculpatory evidence.
]]> Last month, two state senators introduced a bill that they say would not only introduce uniform discovery requirements in all criminal cases, but also reduce the number of wrongful convictions in the Lone Star State.Specifically, Sens. Robert Duncan (R-Lubbock) and Rodney Ellis (D-Houston) have sponsored Senate Bill 1611, which would mandate that prosecutors provide criminal defense lawyers with all available evidence and materials in their possession with the exception of notes relating to strategy.
It would also mandate that criminal defense lawyers provide prosecutors with all available evidence and materials in their possession with the exception of notes relating to strategy or materials that would violate a client's right against self-incrimination.
"In the name of fairness and justice this legislation is a step in the right direction," said Duncan. "Reasonable discovery reform is necessary to keep our criminal justice system efficient and effective."
Senate Bill 1611 would also set forth that both sides have a duty throughout the duration of a criminal case to disclose evidence and/or information, and allow for sanctions if any violation of these requirements occurs.
What are your thoughts on this proposed legislation?
Stay tuned for updates from our San Antonio criminal defense blog ...
Please visit our website to learn more about criminal defense issues.
This post was provided for informational purposes only and is not to be construed as legal advice.
Sources:
The Texas Tribune, "Ellis, Duncan file compromise criminal discovery bill," Brandi Grissom, March 8, 2013
The Star-Telegram, "Texas' chief justice wants investigation of all wrongful convictions," Will Weissert, March 7, 2013
]]>In fact, acting Defense Department General Counsel Robert Taylor, the Pentagon's head attorney, appeared before the Senate Armed Services Subcommittee on Personnel just last month to discuss whether enough was being done to keep our men and women in uniform safe.
Here, he testified that the DOD is determined to end sexual assault in the military, and that it is currently taking steps toward introducing significant change in the administration of military justice.
Specifically, Taylor indicated that the DOD's General Counsel Office has convened an independent panel to conduct a comprehensive review to determine whether there is a need for real reform in the investigation, prosecution and adjudication of sexual assault cases in the military.
]]> "[The goal of the review] to make our judicial, investigative and support structures more efficient, effective and responsive to the rights and needs of victims, while preserving the rights of the accused," he said.One of the issues that the panel is sure to examine, and provide feedback on to both Congress and the Secretary of Defense is the role played by commanders in the administration of justice among the ranks.
Specifically, under Article 60 of the Uniform Code of Military Justice, commanders can dismiss jury verdicts without challenge. Most recently, the issue came up in the case of an Air Force lieutenant colonel whose conviction for sexual assault was thrown out by his commanding officer, a lieutenant general. This action caused outrage among victims' advocates and major concerns on Capitol Hill.
Taylor indicated in his testimony before the subcommittee that while Congress has taken steps to ensure that military commanders play a vital role in the military justice system, this does not mean that this role cannot be narrowed or redefined if necessary.
Above all else, Taylor indicated that the DOD-convened panel will proceed both cautiously and thoughtfully in its examination, and that the necessary steps will be taken to make the military safer.
"Our men and women in uniform serve to protect us every day," he said. "They put their lives on the line for us, for this great country of ours. We owe them a military in which sexual predators have no part and sexual assault has no place."
Whether you have been charged or are currently under investigation for a sex crime, be certain to contact an experienced legal professional to help protect your rights.
Stay tuned for more from our San Antonio criminal defense blog ...
This post was provided for informational purposes only and is not to be construed as legal advice.
Source:
U.S. Department of Defense, "DOD examines UCMJ changes to combat sexual assaults," Jim Garamone, March 14, 2013
]]>Believe it or not, the IRS mandates that all income derived through illegal activity must be reported and is subject to taxation.
Consider a section from the agency's official instructions: "Income from illegal activities, such as money from dealing illegal drugs, must be included in your income on Form 1040, line 21, or on Schedule C or Schedule C-EZ (Form 1040) if from your self-employment activity."
Here, the taxpayer only needs to provide the IRS with an estimate of their illegal income and no accompanying paperwork. However, in the event the taxpayer is audited, IRS agents will come looking for a paper trail and, in the event it cannot be produced (which is often the case), they will ask for the contact information of associates who can verify the estimated income.
]]> This idea of reporting income from white collar crimes, drug crimes or other criminal offenses naturally raises a host of questions.Why would anyone ever consider reporting illegal income?
While most offenders choose to skip this step, experts indicate that those who have been arrested and charged with a crime, or who are on the brink of apprehension often choose to do so. The reason? They can avoid two set of criminal charges, including one for the underlying offense and one for tax evasion.
"I knew the money was taxable, there was no doubt about that," said one former accountant who faced embezzlement charges on three separate occasions. "I had already been caught, and I didn't want to face federal tax charges."
Can the IRS provide the information on illegal income to law enforcement officials?
According to legal experts, the IRS is legally prohibited from sharing information on taxpayers' returns with any law enforcement agency that does not have a court order granting it access. (The only exception being terrorism.)
However, they also point out that the law in this area is littered with loopholes. For example, while information from a tax return may not be shared without a warrant, supplemental information gleaned by the IRS from outside sources (i.e., witnesses) during an audit investigation is not subject to this restriction.
"Do they report you to other agencies?" asked one criminal defense attorney. "Absolutely."
Stay tuned for more from our San Antonio criminal defense blog ...
If you have been charged or are currently under investigation for any white collar crime, be certain to contact an experienced legal professional.
This post was provided for informational purposes only and is not to be construed as legal advice.
Source:
Fox-43, "The IRS wants to tax your illegal income," Steve Hargreaves, Feb. 28, 2013
]]>Interestingly, officials here in Texas are growing increasingly concerned not only about the possibility of people under the age of 21 driving under the influence, but also about them failing to call 911 out of fear if they believe someone is stricken with alcohol poisoning.
"There could be some situations this week and St. Patrick's Day ... where some bad set of circumstances could happen and if a kid knew, they would use that 911 lifeline and save a life," said Sen. Kirk Watson (D-Austin). "And I fear that some won't know and we may lose some kid ..."
]]> Back in 2011, Watson successfully sponsored a "911 lifeline law," which holds that those young people under the age of 21 who call 911 to report possible cases of alcohol poisoning will face neither alcohol possession nor underage consumption charges provided that they are the first person to call for assistance, remain at the scene until help arrives and assist emergency services personnel.The law was inspired in large part by the efforts of Scott and Julia S., whose 18-year-old son Carson -- a close friend of Sen. Watson's own son -- died of alcohol poisoning during a fraternity hazing ritual at a California university. Here, the fraternity members realized something was wrong with Carson and loaded him into a van to take him to the hospital, but later changed their minds and turned around in route due to fear of getting into trouble.
"We don't want any other families to suffer the tragedy that we have," said Julia S, who founded the nonprofit group Aware Awake Alive with her husband to raise awareness and advocate for 911 immunity laws. "We don't want anyone to lose their son or daughter to alcohol poisoning. It's preventable, it just doesn't need to happen anymore."
According to Aware, Awake, Alive, young people should be on the lookout for some of the following signs, which can be indicative of alcohol poisoning: paleness/blueness, labored/erratic breathing, vomiting, unresponsiveness and confusion to name a few.
Stay tuned for more from our San Antonio criminal defense blog ...
A DUI arrest leaves you with a criminal record that could affect your job prospects, ability to obtain loans or future opportunities. You may also face serious fines, the loss of your driver's license and jail time.
If you have been charged with drunk driving, be certain to contact an experienced legal professional.
Source:
The Dallas Morning News, "For young revelers who get alcohol poisoning a lifeline in emergencies," Scott Goldstein, March 13, 2013
]]>Furthermore, they may have to deal with state laws or local ordinances that make large swaths of residential areas entirely off limits, severely restricting their housing options.
Interestingly, it appears that those communities where housing remains an option for many convicted sex offenders are now actively developing plans to change this.
How exactly?
Local officials and residents in communities from California to Florida are building so-called micro parks. These tiny playgrounds, often consisting of no more than a slide of swing set on a tiny strip of land, take advantage of state laws/local ordinances that expressly prohibit convicted sex offenders from living near places where children congregate.
]]> "Regardless of whether it's the largest park or the smallest, we're putting in a park to send a message that we don't want a high concentration of sex offenders in this community," said one Los Angeles City Council member.While advocates of these micro parks argue that they serve to make communities safer, opponents argue that they actually achieve the opposite effect. Namely, that they leave convicted sex offenders -- regardless of the nature of their crime -- with absolutely nowhere to go, forcing them out onto the street, which in turn makes them harder to monitor and more likely to reoffend.
"Putting in parks doesn't just break up clusters -- it makes it impossible for sex offenders to find housing in the whole city," said a member of the California Sex Offender Management Board. "It's counterproductive to public safety, because when you have nothing to lose, you are much more likely to commit a crime than when you are rebuilding your life."
What are your thoughts on these micro parks? Are they a good idea or are they too restrictive? Should states have to offset them with some type of available housing option?
Whether you have been charged or are currently under investigation for a sex crime or cyber crime, be certain to contact an experienced legal professional to help protect your rights.
Stay tuned for more from our San Antonio criminal defense blog ...
This post was provided for informational purposes only and is not to be construed as legal advice.
Source:
The New York Times, "Neighborhoods seek to banish sex offenders by building parks," Ian Lovett, March 9, 2013
]]>Specifically, the groups want to see the state's FSRA laws amended such that the punishment for leaving the scene of an accident that results in a fatality is increased from a third-degree felony to a second-degree felony. This would mean that offenders would no longer face a maximum prison sentence of ten years, but rather a maximum prison sentence of 20 years.
Such a move, they argue would put leaving the scene of a fatal accident on equal footing with intoxication manslaughter, which is a second-degree felony. In other words, it fixes a legal loophole in state law, whereby a drunk driver who causes a fatal car accident would actually face a lesser offense by leaving the scene.
]]> It appears that these law enforcement advocacy groups may soon get their wish, as there are currently three separate bills pending in the state legislature designed to amend Texas' hit-and-run laws.Identical bills, each with bipartisan support, have been filed in the House and Senate, while a third bill has been filed in the House that would also elevate hit-and-run accidents causing serious injuries to a second-degree felony.
The move toward increased penalties under FSRA laws has gained widespread support not just among law enforcement, but among those who have lost loved ones in these fatal accidents.
"A lot of people in our community are going through the same thing right now," said a man whose daughter in a hit-and-run accident back in May 2011. "Now more than ever, I am behind this legislation."
It should be interesting to see if these bills gain traction during the legislative session ...
Stay tuned for more from our San Antonio criminal defense blog ...
A DUI arrest leaves you with a criminal record that could affect your job prospects, ability to obtain loans or future opportunities. You may also face serious fines, the loss of your driver's license and jail time.
If you have been charged with drunk driving, be certain to contact an experienced legal professional.
Source:
The Austin American-Statesman, "Support growing for tougher hit-and-run laws," Ciara O'Rourke and Jazmine Ulloa, Feb. 28, 2013
]]>Back in 1984, Randolph Arledge was convicted of the fatal stabbing of a woman on a dirt road in rural Texas. Authorities processing the crime scene at the time removed several pieces of evidence from the victim's car, which was found several miles away, including a hairnet complete with hair samples. This evidence was then preserved for three decades.
In the meantime, Arledge was sent to prison based on the testimony of two men who were co-conspirators in a separate armed robbery in another state. Here, the two men testified that Arledge had admitted to stabbing someone in Texas, and that there was blood on both his clothes and knife.
One of these men would eventually reveal that he had given false testimony during the trial because of a dispute he had previously had with Arledge.
]]> Flash forward several decades to 2011, where advanced DNA testing performed on the hair sample taken from the car definitively proved that it did not belong to Arledge, but rather to another person who law enforcement officials are currently attempting to locate.Just a few weeks ago, Arledge was brought for a hearing before a state district judge, who agreed with both criminal defense attorneys and the prosecution that Arledge could no longer be viewed as having committed the murder due to the DNA evidence.
Accordingly, Arledge was released on bond while the official overturning of his conviction is processed. The Texas Criminal Court of Appeals must accept the state district judge's recommendation before the conviction can be officially overturned, a mere formality according to legal experts.
As for Arledge, he was understandably overjoyed by his freedom and spoke of the hardship that his wrongful conviction had on his two children.
"They suffered more than anybody," he said. "[My daughter's] always talking about, she wanted me to come pick her up from school. Now she's picking me up."
Fortunately, Texas law does provide those men and women who can prove that they were wrongfully convicted with some remuneration, including a lump sum of $80,000 for each year in prison, an annuity and other benefits.
Stay tuned for more from our San Antonio criminal defense blog ...
Please visit our website to learn more about criminal defense issues.
This post was provided for informational purposes only and is not to be construed as legal advice.
Source:
The New York Daily News, "Texas man convicted in 1981 stabbing death freed by DNA evidence," Feb. 12, 2013
]]>In fact, federal law enforcement officials are now warning people to be on guard against a particularly virulent strain of computer virus that they say is designed to extort money from unwitting computer users.
Once downloaded, the virus -- referred to as Reveton ransomware -- locks the screen of a computer user and displays a phony message from the FBI indicating that the IP address has been linked to federal crime, including child pornography, illegal media download or computer-use negligence.
It then goes on to instruct the computer user to pay a sizeable fine via a prepaid money card service, and that the failure to do so will result in charges being filed and the computer screen remaining frozen.
]]> What's so insidious about Reveton, say experts with the Internet Crime Complaint Center (IC3), is that it is a form of drive-by malware. This means that unlike more common computer viruses that are only activated after a computer user opens a file or attachment, Reveton can be activated just by visiting a corrupted website.Unfortunately, federal officials have indicated that Reveton is causing problems for more and more computer users.
"We are getting dozens of complaints every day," said Donna Gregory of IC3, which was established back in 2000 as a partnership between the FBI and the National White Collar Crime Center. "Unlike other viruses, Reveton freezes your computer and stops it in its tracks. And the average user will not be able to easily remove the malware."
In the event that the virus is inadvertently downloaded, the FBI advises computer users to file a complaint with IC3, avoid paying the fine, and find a qualified computer expert to help remove it from their computer.
Whether you have been charged or are currently under investigation for a sex crime, cyber crime or white collar crime, be certain to contact an experienced legal professional to help protect your rights.
Stay tuned for more from our San Antonio criminal defense blog ...
This post was provided for informational purposes only and is not to be construed as legal advice.
Source:
KRTV-3, "FBI Internet scam warning: Reveton ransomware," David Schechter, Jan. 12, 2013
]]>In fact, it purportedly takes place in a world where hardhats, pickup trucks and building materials are the norm.
The "crime" in question is none other payroll fraud -- or misclassification -- and it is apparently rampant in the state's construction industry. Here, construction companies are accused of purposely misclassify their employees as independent contractors in order to avoid paying taxes, a practice that experts say costs the state a vast sum of money.
A recent report by the worker advocacy group Workers' Defense Project found that two out of every five construction workers in the Dallas area alone are misclassified by their employers.
]]> "We estimate that there's about 300,000 construction workers out there, in Texas, that are being paid off the books," said an analyst with the WPD. "And that's a lot of tax money that Texas is losing out on."In addition to costing the state millions of dollars in tax revenue, experts say that this payroll fraud drives otherwise honest companies out of business, as they can't afford to match the bids made by their counterparts.
It should be noted those caught misclassifying employees in Texas are currently only required to pay the applicable back taxes and interest, but face no actual criminal charges or penalties for their actions.
However, the Texas Workforce Commission -- the state agency charged with administering payroll tax programs -- has recently called on the state legislature to consider enacting legislation that would impose far more stringent penalties -- including possible criminal charges -- on those businesses that intentionally misclassify employees on construction projects funded with state money.
This call to action seems to be gaining momentum as several prominent politicians are now calling on business owners throughout the state to share their stories about how misclassification has harmed their operations.
It should be interesting to see what transpires ...
If you have been charged or are currently under investigation for any other white collar crime, be certain to contact an experienced legal professional.
This post was provided for informational purposes only and is not to be construed as legal advice.
Sources:
WFAA, "Texas lawmakers urged to crack down on construction fraud," David Schechter, Jan. 28, 2013
Construction Citizen, "Looming Texas payroll fraud crackdown gets national attention," Jan. 21, 2013
]]>Experts indicate that the United States holds almost a quarter of the world's prison population and has long enjoyed the dubious distinction of being the country with the highest percentage of its population behind bars.
In 2011, the U.S. had 1.6 million state prisoners and federal prisoners. In fact, numbers from the Bureau of Justice Statistics indicated that out of every 100,000 residents of the U.S., 492 were sentenced to 12 months of prison time or longer.
]]> Interestingly, the U.S. Justice Department released a report at the end of last year indicating that prisoner levels declined from 2010 and 2011.California and 25 other states were responsible for this decline, after each state released at least 1,000 prisoners to address problems like increasing operating costs and overcrowding.
According to experts, while these numbers are somewhat encouraging, much work needs to be done. In particular, they point to the fact that drug offenses, not violent crimes, have made up the overwhelming majority of federal prisons admissions for quite some time now.
In particular, marijuana offenders make up a large portion of those jailed in federal prisons, which is curious in light of the fact that it's legal for medicinal purposes in 18 states and several other states are now considering similar legalization measures.
The relationship between non-violent drug charges and the bloated prison system is one that must be addressed by state and federal lawmakers as soon as possible.
Stay tuned for further updates from our San Antonio criminal defense blog ...
If you have been charged or are currently under investigation for any type of drug crime, be certain to contact an experienced legal professional.
This post was provided for informational purposes only and is not to be construed as legal advice.
Source:
The International Business Times, "Drug offenses, not violent crime, filling up federal prisons," Ashley Portero, Jan. 30, 2013
]]>