Author Archives: Caroline Anderson - Senior Support Specialist

Las Vegas couple pleads guilty to fake insurance scam

Posted on by

Michael and Melissa Woodward pleaded guilty Wednesday to state tax fraud and other charges. The Woodwards were charged with 11 counts each, including grand theft, tax fraud, residential burglary, theft from an elder and selling insurance without authorization.

The couple are alleged to have scammed 240 to 250 elderly people in San Diego County and 150 to 200 more people in the rest of California with fake insurance plans. In total, the victims lost about $3.6 million to the Woodwards. Other victims have been identified in Washington, Oregon, Minnesota, and Texas. Their crimes span 10 years.

Michael faces 11 years in jail, followed by parole and pay restitution. Melissa is looking at a year in jail and five years of probation, as well as payment of restitution.

Peugh vs. United States

Posted on by

On June 10, 2013, the U.S. Supreme Court in the case of PEUGH vs. UNITED STATES, Case # 12-62, in a 5-4 opinion, ruled the Ex Post Facto Clause of the U.S Constitution was violated when the newer 2009 version of the Federal Sentencing Guidelines was applied because it provides (an increased risk of) a much greater punishment when the defendant was sentenced, rather than using the 1988 guidelines that were promulgated prior to the time he was alleged to have committed the crimes in question. The defendant was convicted of five counts of bank fraud relating to criminal acts in 1999 and 2000 and, therefore, the range of sentences was 30 to 37 months in prison under the 1998 guidelines.

Notwithstanding the Constitution forbids the passage of ex post facto laws and after characterizing the case with far more severe consequences under the 2009 Guidelines that set forth a range of 70 to 87 months, the defendant received a sentence of 70 months in prison. The Supreme Court reversed the Court Of Appeals for the Seventh Circuit that previously affirmed the Federal District Court.

It is an elementary principle of law and integral to due process that a defendant should be prosecuted based upon the law at the time he is alleged to be in violation.

Read more here.

 

Evidence from hidden camera was properly authenticated, court ruled

Posted on by

An Ohio doctor was charged with sexual misconduct after his inappropriate sexual comments were secretly taped by one of his patients. Larry Lee Smith argued before the Court of Appeals that the hidden camera violated his due process rights, but the court found that the secret tape was proper and did not violate any of his rights.

When a female patient of Smiths complained to the local police that he had given her drugs so he could make sexual advances toward her, they gave her a secret camera to try and capture some evidence. She visited him three more times, managing to capture inappropriate and suggestive sexual language.

 

Ex-CIA Edward Snowden is source of leaked NSA reports

Posted on by

29-year-old Edward Snowden, a former technical assistant for the Central Intelligence Agency, provided information to journalists about the secret U.S. electronic surveillance program.

He revealed his identity voluntarily in a video interview on the U.K. Guardian‘s website. Snowden is currently residing in a hotel in Hong Kong. It remains to be seen whether or not he will be sent back to the U.S. Though Hong Kong and the U.S.  have an extradition treaty, which states that each will surrender people wanted for prosecution or imposition of a sentence, it may be up to China whether or not that treaty is honored in that case. Since China has sovereignty over Hong Kong, they have the power to refuse the transfer if it relates to their defense and foreign affairs. Even if the extradition happens, it could take months or years to go through all the necessary legal processes. It is incomprehensible that basic Constitutional guarantees and elementary civil rights are being violated on an unheard of and unrestricted basis in the name of curbing terrorism.

 

Auto theft sting operation results in 64 arrests

Posted on by

After eight months of investigation, 64 people were arrested on Tuesday in connection with a network of North County auto theft rings.

“Operation Perfect Storm” had undercover detectives begin to infiltrate multiple unrelated operations starting in August, California Highway Patrol Commander Scott Parker said. The officers then proceeded to set up a storefront to buy stolen property.

92 stolen vehicles were seized during the operation, as well as 10,000 rounds of ammunition, nine guns, and drugs. Some stolen military gear was also recovered.

The 64 defendants were accused  in 30 separate cases back in May, with over 90 witnesses testifying in front of the grand jury. Over 50 arrests were made this past Tuesday, with 14 people remaining at large. Among those arrested were seven Marines and a sailor.

 

Supreme Court Ruling Allows DNA Samples After Arrest

Posted on by

The US Supreme Court ruled on Monday that it is legal for the police to take a DNA sample at the time of an arrest for a serious crime.

The ruling came about after a court in Maryland said it was illegal for a police to take Alonzo King’s DNA. King was arrested for felony second-degree assault. When his DNA was checked, it matched the DNA connected to a rape and robbery case from 2003. King was then convicted of rape and received a life sentence.

As well as setting the policy for DNA swabs, the Supreme Court’s ruling reinstates King’s rape conviction, which was overturned when the Maryland court said that his DNA should not have been taken in the first place, since he was arrested for unrelated reasons.

The court was nowhere near unanimous on the issue, with five judges in favor and four dissenting.

 

20-year-old Wrongfully Fired

Posted on by

It’s important to know your rights as an employee.

20-year-old Anthony worked as a cook and dishwasher at a Mountain Mike Pizza franchise near Antelope, CA, for six months. Anthony also suffers from bipolar disorder. During the time he was employed at the pizza place, his disorder did not affect his work performance. On one of his days off, Anthony had a breakdown and had to be hospitalized overnight, causing him to miss his shift the next day. His boss asked him to bring in a doctor’s note, which said “Crestwood Psychiatric Clinic” at the top.

As soon as Anthony’s employer found out about his bipolar disorder, she allegedly cut his hours to zero, while still keeping him on as a technical employee. She told him that she had no hours for him. This went on for about three weeks, until Anthony sat down with her. Then, he said, she accused him of threatening her, the company, and another employee.

Anthony had the presence of mind to contact the California Labor Board after he got fired, since he felt that his former employer was violating California labor laws. If you or someone you know has been discriminated against in the workplace, make sure to use the proper legal channels to report the incident and take action.

 

Teachers challenge the New York City Board of Education

Posted on by

Minority teacher plaintiffs have challenged the New York City Board of Education, saying that they violated Title VII of the Civil Rights Act by requiring teachers to take a licensing exam.
The teachers argued that the test impacted minority test-takers. Caucasian test-takers passed at a higher rate, and in addition, that the test did not measure whether experienced teachers were qualified.

 

Four IRS employees will be interviewed in a Congress probe

Posted on by

IRS employees John Shafer, Gary Muthert, Liz Hofacre and Joseph Herr will all be interviewed by Congressional investigators as a part of the probe. One employee, Holly Paz, has already been questioned.

It has not yet been determined who, exactly, was targeting groups with “Tea Party” or “patriot” in their names. This is what the investigators are hoping to uncover.

Truckers treated unfairly

Posted on by

A plaintiff said that he and other truckers were misclassified as independent contractors and thus treated unfairly.

Plaintiffs and brothers Jose A. and Jose I. Estrada launched a civil suit against Harbor Express Inc., saying that the truckers who were classified as independent contractors did not receive the benefits of being an employee, such as rest breaks, paid overtime, and meal times. However, they were treated like direct employees in many ways. They drove company-owned trucks exclusively for the company, and were not allowed to go drive for other companies while working for Harbor Express Inc.

It’s illegal to deny workers these rights if you are treating them as direct employees of the company.

 

Ratings and Reviews

BBB 10.0Samuel Eugene Spital
Samuel E. SpitalClients’ ChoiceAward 2021 Samuel Eugene SpitalClients’ ChoiceAward 2020
avvo rated 10/10 in Criminal Defense avvo rated 10/10 in Juvenile Law avvo rated 10/10 in Licensing
avvo rated 10/10 in Personal Injury Top ContributorAward 2012Samuel Eugene Spital Samuel Eugene SpitalReviewsout of 207 reviews