Las Vegas couple pleads guilty to fake insurance scam

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

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

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

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

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

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.

 

Four IRS employees will be interviewed in a Congress probe

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.

The California Supreme Court deals with insulin-administration case

The California Supreme Court will be hearing a case that will determine whether school employees can administer insulin to diabetic students, rather than only licensed nurses. This case will set a precedent for protecting the rights of schoolchildren with diabetes or other medical conditions.

The problem here is that insulin is a tricky thing. The wrong dose can be fatal. Have an untrained, overworked school employee administering insulin to diabetic children could be disastrous. Procedures like this should be left to trained professionals so children in school can remain safe and healthy.

Fundraiser for shooting victim

A fundraiser was held for Will Barton, a courageous young man who survived being shot in the head during a violent crime spree during October of 2012. He was one of two people who were shot, and his condition was considered by doctors to be “unsurvivable” Miraculously, he is alive and doing much better than anticipated.

Barton, who graduated from Point Loma high school, has come a long way since the shooting last years. His loved ones gathered in Mission Hills to show their support for him and raise money for him.

 

Body Found in Missing Woman’s Car in Kearny Mesa

Homicide detectives were called to an area of Kearny Mesa south of State Route 52 for the report of a suspicious death on Thursday.

San Diego police officers were in the 7700-block of Convoy Court on official business when they discovered a person dead inside a vehicle.

According to the Department of Motor Vehicles, the car found at the scene is registered to Grace Ann Hall, 23. Police have not yet confirmed if the body found inside the vehicle was the person who the car is registered to.

A bulletin recently issued by the San Diego Police Department identifies Hall as a missing person. It describes her as a white female, 5-foot-7, 150 pounds with blond hair and hazel eyes.

According to the SDPD bulletin, Hall was last seen around 8 p.m. on Mar. 20 driving a grey Toyota Camry in the 9100 block of Rebecca Avenue in Serra Mesa.

The police bulletin says Hall was supposed to travel to Sherman Oaks in Los Angeles for a job interview at an unknown home. At the time the bulletin was issued, investigators did not know if Hall had ever arrived in the Sherman Oaks area.

Police say Hall’s credit card had been used in Mira Mesa since her disappearance, but hadn’t been used since Mar. 27.

As for the body discovered by police on Thursday, investigators do not yet know if the person died from natural causes or if a crime has been committed.

The deceased person has not been yet been identified.

Officers have cordoned off a section of the street and are awaiting the arrival of the personnel from the county medical examiner’s office.

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