Criminal Defense & Money Laundering
In today’s world more things than ever are criminally prosecuted by government. Did you know that there are more than 127 federally specified money laundering activities? Did you know that today, many actions that were traditionally litigated as civil actions are often prosecuted criminally?
At Stanley I. Foodman, P.A. we have a unique way of viewing the world of criminal defense “outside of the box.” We are regularly retained by both criminal defense and other counsel firms to assist them with defending their clients or preventing potential unknowing criminal actions by their clients. We have assisted criminal defense counsel in almost every area of “economic crime” defense imaginable from embezzlement, tax evasion, money laundering, medicare and other frauds against governmental bodies, post conviction relief proceedings involving actual costs of environmental contamination clean ups, the examination of trial records for previously undisclosed material errors in sentencing reports and arguing the accuracy of reports prepared by the Government for sentencing purposes.
Because criminal prosecution can lead to incarceration and the shortening of life, we at Stanley I. Foodman, P.A. take a special interest and pride in assisting legal counsel with its very important defense responsibilities.
Case Study 1
One day a couple of years ago, a fifty year old South Florida business man walked into a federal court room in West Palm Beach, Florida expecting a five year person sentence from a Medicare fraud conviction. Two hours later, he walked out a free man, his conviction overturned by his trial judge. What happened? What happened was forensic accounting.
Through intensive examination of the trial testimony and other documents, we were able to show that the conviction was based on erroneous information presented by the Government’s testifying expert. It was designed to inflame both the federal grand jury and the trial jury by attributing a false profit to the defendants and therefore a false loss to the Government.
Case Study 2
Using the testimony of a confidential informant who happens to be bargaining for a sentencing reduction, the Government indicts an individual for allegedly laundering the proceeds of illegal activities through cash purchasing winning lottery ticket(s) and using the lottery proceeds to pay for a second residence. A conviction means a fifteen year federal sentence. The jury acquits the indicted individual. What happened? What happened was “thinking outside of the box.” Our client kept extensive meticulous financial records. So, we suggested rebuilding them for the three year period of the indictment and several prior years. Why? First, the Government was not using the defendant’s financial records. Second, to substantiate the defendant’s claim that the source of funds for the purchase of the second residence was the proceeds of two home equity loans; one from his mother and one from his sister and that all of his cash flow came from legal activities. Third, since Stanley Foodman would be offering testimony as a summary witness as to the defendant’s financial records his findings would constitute defense Jencks material and would only be presented during his testimony at trial. “Thinking outside of the box” led to an acquittal.
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