Archives : 2008 : December

Mother Accused of Murder Released from Jail

Donna Prentice, 61, has recently been released from the Orange County Jail after her second mistrial caused the presiding judge to dismiss her case. Prentice, who has spent four years in jail, had been charged with second-degree murder and involuntary manslaughter for allegedly murdering her 3-year old daughter, Michelle Pulsifer, nearly 40 years ago.

While the jury in her first trial deadlocked 10 to 2 (in favor of conviction) back in 2007, Prentice’s most recent trial, which culminated two weeks ago, again ended in mistrial, with 11 to 1 jurors in favor of acquittal on the indictment of second-degree murder.

On the lesser count of involuntary manslaughter, the second jury deadlocked 7 to 5 in favor of convicting Prentice.

Details of Michelle’s Disappearance, Prentice’s Alleged Crimes

In 1969, Michelle vanished after Richard Jr., one of Prentice’s sons, witnessed his mother taking Michelle out of his room. According to Richard Jr., who was 6-years old at the time, Michelle appeared to be scared and had come into his room to hide.

Sometime between this incident and the following morning Michelle vanished.

Two days after Michelle’s disappearance, Prentice and her boyfriend at the time, James Kent, moved with their two sons to Illinois. Richard Jr. has stated that Prentice told the boys that they were leaving Michelle behind because there wasn’t enough room in the car to take her. However, the family’s pet cats and dogs were taken in the move.

No Criminal Investigation for Decades

Prentice, who had sole custody of Michelle, never filed a missing person’s report with authorities. Consequently, no investigation was conducted immediately after Michelle’s disappearance.

During the next few decades, Michelle’s father, Richard Pulsifer Sr., tried incessantly to get Prentice to disclose the location of his daughter. Eventually, in 2001, Richard Sr.’s sister hired a private detective to locate Michelle.

When the investigator failed to find any evidence of Michelle past 1969, he turned the case over to authorities.

Prentice’s Defense

Prentice has contended that she:

• Gave Michelle to Kent’s mother in 1969
• Never tried to locate Michelle when Kent’s mother died in 1972
• Had been afraid to look for Michelle after divorcing Kent, as he was abusive and she feared for her life if she tried to locate her daughter

While Kent, who was also brought up on charges of killing Michelle, died in custody in 2005, Prentice will not face another trial for her alleged crimes, as the judge ruled that there wasn’t enough evidence to support the charges against Prentice.

(Source: LA Times)

Are you in need of a criminal defense attorney? If so, contact us today to schedule a private consultation with an experienced criminal law lawyer who will fight to protect your legal rights.

Bernard Madoff Arrested for $50 Billion Fraud

Last week Bernard Madoff, former NASDAQ chairman, was arrested and charged with carrying out what may be the largest case of financial fraud in history.

$50 Billion Ponzi Scheme

For decades, Madoff maintained a reputation of reliability on Wall Street. In 1960 he founded Bernard L. Madoff Investment Securities LLC and had since earned the trust of the global financial community.

His good reputation made it all the more shocking when it was discovered that Madoff had been arrested and charged with allegedly running a “Ponzi scheme” disguised as a legitimate hedge fund.

Investors from around the globe who were caught up in the scam suddenly had to cope with the realization that they had lost millions and in some cases billions of dollars. The combined losses to investors are approximated to be about $50 billion.

What is a “Ponzi Scheme”?

A Ponzi scheme is a fraudulent investment operation that involves paying disproportionately high returns to investors out of money paid in by subsequent investors, rather than from the profit made from real business dealings.

With the promise of large returns as bait:

• The fraudster recruits an initial group of investors who are conned into thinking they are putting their money into a real business or investment.
• The fraudster creates and maintains an artificial cycle of returns by recruiting new investors and using their money  to pay off the earlier investors
• The cycle continues until no more new recruits can be found and the whole scheme collapses, with the newest investors losing everything.

Criminal and Civil Charges filed against Madoff

When FBI agents arrived at Madoff’s $7 million Manhattan apartment to arrest him for fraud, he admitted to agents that, “There is no innocent explanation,” and that he, “paid investors with money that wasn’t there.”

U.S. prosecutors have charged Madoff with a single count of securities fraud.  He faces up to:

• 20 years in prison
• A fine of up to $5 million

The Securities and Exchange Commission filed separate civil charges against Madoff.

A Large and Growing List of Fraud Victims

The list of those affected by Madoff’s $50 billion con-job is rapidly growing.  Every day since his arrest a new investment firm, bank, charity, or celebrity add themselves to the list of those who’ve been deceived.  Some of the more notable fraud victims include:

• Mortimer Zuckerman—Real estate magnate
• Sen. Frank Lautenberg—Politician
• Steven Spielberg—Hollywood producer
• The JEHT Foundation—Charity
• Royal Bank of Scotland Group PLC—Scottish bank
• Nomura Holdings—International investment bank
• Chais Family Foundation—Charity
• Grupo Santander SA—Spain’s largest bank
• Ascot Partners LLC—Private equity investor
• Eric Roth—Film writer who wrote Forest Gump
• Jeffrey Katzenberg—Hollywood producer

(Source: Yahoo News, Reuters)

Have you been charged with a crime? If so, contact us today to talk to an experienced criminal law attorney who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.

Illinois Teen Charged with Aggravated DUI

Kevin Schuh, 17, has just been charged with aggravated drunk driving resulting in death, reckless homicide and leaving the scene of an accident after running over and killing Monika Skrzypkowski, 15.

Defendant Admits to Drunk Driving Hours Later

On Dec. 6, 2008, Schuh had been at a gathering where, as he admits, he drank eight alcoholic beverages. At about 11 p.m. that evening, Schuh was headed home in his minivan when he hit and killed Skrzypkowski, who was walking across the street at the time of the accident.

After hitting Skrzypkowski, Schuh continued home and then called the police, claiming that someone had vandalized his car. Shortly after, however, Schuh admitted to hitting Skrzypkowski.

When Schuh was taken into custody four hours later, his blood alcohol content (BAC) was 0.063, which is below the legal limit of 0.08. If convicted of all counts, Schuh could face up to a 9-year prison sentence and over $7,000 in restitution fees.

A DUI Charge Despite a BAC Lower than the Legal Limit

In most cases of DUI, a person has to have a BAC of at least 0.08 to be charged and convicted of driving under the influence. However, Illinois prosecutors are able to charge Schuh with aggravated DUI for a few reasons:

• Prosecutors can legally charge someone with a DUI, regardless of their age, if an injury (or death) occurred and they can prove, in some way, that the individual driving had been drinking prior to operating his vehicle.
• Individuals at the party Schuh attended have stated that Schuh was too drunk to be driving that night.
• Schuh admitted to drinking eight alcoholic drinks before driving home that night.
• Schuh is under the legal drinking age and, therefore, is subject to Illinois’ “zero tolerance” law, which allows authorities to bring DUI charges on any underage individual who has alcohol in his system when driving.

A trial date has yet to be set for this case.

(Source: Chicago Tribune)

Have you been charged with a crime? If so, contact us today to talk to an experienced criminal defense attorney who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.

Three Charged with Kidnapping, Torture

Two women and one man in Tracy, California face criminal charges for allegedly kidnapping and keeping a 17-year old young man chained within their home.

The young man, only identified as “Kyle,” had been in the custody of his aunt, Caren Ramirez, for over the past year. Ramirez—along with Michael Schumacher and Kelly Lau—are the three adults that face criminal charges in this case.

The three defendants face criminal charges including:

• Torture
• Kidnapping
• False imprisonment

If convicted, each of these defendants faces over 15 years in jail.

History of Kyle’s Imprisonment

According to authorities, Kyle’s recent imprisonment was only the latest incident in a string of abusive situations Kyle has escaped. After taking him away from his abusive father a few years ago, Sacramento County Child Protective Services (SCCPS) had placed Kyle in a foster home, which he ran away from due to abuse.

Defendants Have History of Child Abuse

In an effort to keep him with family, SCCPS then placed Kyle with Ramirez. However, in 2007, Ramirez was arrested for child abuse after she was caught beating Kyle with:

• Sticks
• Brooms
• Kitchen utensils

In the incident report, authorities found serious bruises all over Kyle’s body. While Ramirez received probation for this abuse, she was eventually arrested when she failed to appear in court.

At this point, SCCPS placed Kyle with another family in the Sacramento area—from which he also ran away. Since this 2007 disappearance, no one—except Ramirez, Schumacher and Lau—knew where Kyle was.

Kyle’s Escape

The details of Kyle’s recent imprisonment have only come forth after Kyle jumped over an 8-foot fence to escape the Ramirez house. Earlier this week, Kyle—wearing only boxers and a 3-foot padlocked chain around his foot—ran into a nearby gym and begged employees to hide him from his captors.

Employees took him in, called authorities and fed Kyle while they awaited police. Despite being 17 years old, Kyle was so emaciated that he appeared to be about 5 years younger, according to the gym’s employees.

Local authorities are still investigating the details of Kyle’s past year at the Ramirez house. They haven’t specified the precise nature of his recent abuse.
A trial date has yet to be set for this case.

(Source: Los Angeles Times)

Have you been charged with a crime? If so, contact us today to talk to an experienced professional who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.

NY Restaurant Owners Face Over 400 Charges

Owners of the Saigon Grill restaurants in Manhattan, New York have just been charged with over 400 counts of criminal acts, including fraud, minimum wage violations and witness tampering. Simon and Michelle Nget, the owners of the two trendy Asian eateries, have pled not guilty to all charges.

Details of the Ngets’ Alleged Crimes

According to authorities, the Ngets have committed a series of felonies over the past few years. Among their most prevalent crimes were violating minimum wage laws and creating false business documents.

In the upcoming trial, prosecutors plan on proving that:

• Many of the restaurants’ delivery men were obligated to work over 65 hours each week for less than $2 per hour, a rate that is less than half of New York’s minimum wage, $4.60, for tip-earning food service workers.
• Employees were forced to illegal pay fines when they violated restaurant policy.

While this can be a legitimate practice in particular circumstances, according to prosecutors, the Ngets’ so-called “policies” were absurd, and the associated fees were illegal and obscenely high. Between $20 and $200 would be deducted from workers’ paychecks upon policy violations.

In one notable example, the Ngets allegedly charged a worker for letting a door slam as he left the restaurant.

Defendants Charged With Class E Felonies

Along with these minimum wage violations, each defendant has also been indicted on the following Class E felonies:

• 151 charges of falsifying business records
• 127 counts of failing to keep records
• 46 counts of intentionally filing false information with a government office
• 45 charges of tampering with physical evidence
• 16 counts of accepting bribes
• 11 counts of failure to pay wages.

Defense lawyers for the Ngets have stated that none of the alleged charges is valid and that restaurant employees are lying about such criminal acts. Currently, Simon Nget is free on a $50,000 bail bond. Michelle Nget is free on a $20,000 bail bond.

(Source: New York Times)

Have you been charged with a crime? If so, contact us today to talk to an experienced professional who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.

Maryland Men Charged with Armed Robbery

Four men from Ellicott City, Maryland have been charged with five felonies for their alleged roles in a recent robbery of a Pizza Hut in Clarksville, Maryland.

Hugo Perez, 30, Pablo Ramos, 30, Adan Ramos, 27, and Tulio Sandoval, 19, were indicted on the following criminal charges:

• Armed robbery
• Assault
• Theft
• Weapons violations
• Reckless endangerment

According to authorities, these four men all live together in eastern Maryland.

Jose Lopez, 33, a fifth man allegedly involved in the robbery, will also be charged at a later time for his role in the crimes. Lopez, who now has an arrest warrant out, is currently being treated for a gun wound at an area critical care center. Police have stated that Lopez accidentally shot himself in the leg while fleeing the scene in the getaway car.

Details of the Crimes

This pizza place robbery occurred at around 10 p.m. when masked and armed gunmen entered the eatery and corralled all five employees into a backroom freezer. No customers were in the restaurant at the time of the incident, nor was any innocent employee hurt.

While employees were locked away, the robbers proceeded to take all of the money out of the registers and the office safe. They then departed in a white SUV that had been parked outside.

Employee Alerted Police on Cell Phone

Authorities became aware of the robbery when an employee, still locked in the freezer, called 911 from his cell phone and described the robbers, as well as their getaway car, to operators.

Within minutes, a nearby patrolling officer spotted the getaway vehicle and continued to tail it until other patrols could come to backup a traffic stop.

Following the stop, police found both money and guns in the car. All men in the SUV were arrested on the spot.

(Source: The Baltimore Sun)

Have you been charged with a crime? If so, contact us today to talk to an experienced professional who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.