Kansas Lawyer Steals $52.5 million gets three years in Prision

I saw this just come across the web on CBS Money Watch.  Looks like a Lawyer in  Leawood Kansas is looking at doing 3 years for conspiracy to commit wire and mail fraud.  After reading a few comment in the article I kind of have to agree with some of the statements.  I am usually one for being a little easier on people that have been convicted of a crime, but this seems like a light sentence in my opinion. (and that's coming from a criminal defense lawyer)

Someone pointed out that you get a far worse punishment for armed robbery than this person is going to get for stealing over $50 million dollars.  That doesn't seem to make much since to me, but it also doesn't make much sense how you can expunge a armed robbery after five years but you have to wait for 10 years to expunge a simple DUI charge.

Many things don't particularly make since in the law until you look at it from a political stance.  No one is in the legislature championing the idea we need to be easier on criminals, but its always a sure fire way to get votes to say lets be tougher on criminals.

Just a little food for thought.

Here is the article.

Kansas Lawyer Sentenced to 3 years for Ponzi Scheme
By AP

KANSAS CITY, Mo. — A Kansas attorney faces three years in prison for his role in a scheme that bilked investors out of about $52 million.

James Scott Brown of Leawood, Kan. pleaded guilty earlier to participating in a conspiracy to commit wire and mail fraud. He was sentenced Tuesday to three years in prison without parole and ordered to pay $34 million in restitution.

The U.S. Attorney's Office in Kansas City says investors loaned about $52.5 million through the scheme known as the British Lending Program. Victims thought they were loaning money for real estate projects, but Brown and two other men kept most of the money.

Martin Sigillito of Webster Groves, Mo., is awaiting sentencing after being convicted of leading the conspiracy. Derek Smith, of Oxfordshire, England, pleaded guilty and awaits sentencing.

Poker Runs, and Charity Raffles are illegal in Kansas

It's a game of chance.  That's that the law says, so it's illegal.  No more charity poker runs or raffles for a good cause.  Seems pretty silly to me.  Here is the article.

This should be the type of thing that is allowed...I wonder if one of the casinos could sponsor the thing.

Poker Runs, Charity Raffles Banned In Kansas 08/12/2012

Poker runs have become very popular fundraisers, but they are also technically illegal in the state of Kansas. They are considered gambling under state law. Organizers of many such events say this is news to them. According to Kansas gaming law, any activity that involves consideration, chance and prize is gambling. The Kansas Lottery and state-owned casinos are exempt, but charities are not. Kansas is one of just four states without a charity exemption in gambling statutes. "We're a nonprofit organization," said Shane Toney, President of Fire and Iron Station 54, which organizes an annual poker run. "We're trying to help as many people as we can. Toney and other organizers are now scrambling to change the event to it is legal. "We're doing a lot of charity work and we didn't mean to step on gaming laws, but it seems like we are now," he said.  "Maybe there's a loophole that needs to be sown up in the Kansas gaming laws to help out charities." According to those state gaming laws, poker runs -- fundraisers where motorcycle riders draw a card at five stops and the best poker hand wins -- are illegal. Raffle drawings can be illegal, too. Kansas gaming law has prompted the organizers of the Thunder on the Plains motorcycle rally in Dodge City to cancel this year's event, which was scheduled for next weekend. "We give away a bike every year and we sell chances for the bike giveaway," said Mel Watson, director of the rally. "This year, the gaming commission came down and said, 'It's illegal in Kansas, it is gambling, it is a game of chance.'" Watson said Thunder on the Plains has raised more than $60,000 for the families of southwest Kansas military members over the last six years. "It's for good causes and they're putting the stop to us," Watson said. "This law has been on the books for, I guess, a few years and they haven't enforced it."  Organizers of Thunder on the Plains learned about the law too late to make any changes for this year's event, but Watson promised the rally will be back in 2013. "We are planning on having a rally next year, in the later part of August and, one way or another, we're going to do it," he said. "We're bound and determined to do it." As for the Fire and Iron poker run, this year's event will happen as scheduled Sept. 8. "Our event is still planned and we're working to make it a game of skill and stay compliant within the Kansas gaming laws," Toney said. The state says the best way to keep a poker run within the law is to remove the element of chance by having participants throw a dart at cards on a board. Many charity organizers say they will be pushing for a change in Kansas law.

© KAKE News

Shaddy Funeral home Director is facing 10 Felony Counts

In probably one of the downright dastardly set of circumstances I can remember, a funeral home director is facing some very serious criminal charges.  From giving people the wrong ashes, to storing bodies at room temperature, to just straight up robbing money from the elderly who are pre-paying for their funeral, this guy is accused of doing it all.

What was a civil case has evolved into another case this time with criminal charges pending.  Here is the article on Fox 4's website.  If this is true it is just plain messed up.


Funeral Home Director now Faces Criminal Charges
By: Tess Koppelman

KANSAS CITY, Mo. — The Missouri Attorney General is filing criminal charges against a former funeral home director in a story that FOX 4 news first started investigating two years ago.  Ron Marts is now facing ten felony charges including theft, deceptive business practices, and violating state laws about pre-need contracts. Pre-need contracts are for people who want to pre-pay for a funeral. People do it for peace of mind, but according to the Attorney General’s investigation, Marts wasn’t even licensed to sell pre-need contracts and now it appears that the money is gone.

Back in July 2010, FOX 4 first told you about Hadley Cutburth, who was certain that funeral director Ron Marts gave him the wrong ashes at his wife’s funeral. After his wife’s funeral, he got a call from the funeral home saying that they had his wife’s ashes ready for him to pick up, so he knew something was wrong. The Attorney General investigation confirmed that at the time of his wife’s funeral, she hadn’t even been cremated yet.

After Cutburth came to FOX 4 with his story, we investigated and found Marts Funeral Home was already on probation for things like shoddy record keeping and not storing bodies in proper temperatures. The state revoked Ron Marts funeral directors license and the funeral home was forced to close last spring. Just before closing, investigators came to the funeral home, taking pictures and collecting bags of evidence.  Friday, the Attorney General’s office issued the warrant for Marts arrest and a judge set a 20-thousand dollar bond. In a news release, the Attorney General’s office says that Marts is accused of giving the wrong remains to two different people, and selling pre-need contracts without a license. The court records also say Marts never set up a proper trust account for the pre-need money.

Cutburth has also filed a civil suit against Marts. Cutburth’s attorney Andy Smith says his civil case was set to go to trial in October, but it’s not clear how the civil case will be impacted now that Marts faces criminal charges. Smith says that these criminal charges confirm what he and his client have been saying all along, “that there was something terribly wrong going on there” at Marts funeral home.  The Attorney General’s office says Marts faces 15 years in prison for the charge of stealing over $25,000, seven years in prison for selling pre-need contracts without a license, and four years for the charge of “Unlawful Merchandising Practices.”
The Attorney General says people who paid for funeral services that were not provided should contact the Attorney General’s Consumer Hotline at 1-800-392-8222 or online at ago.mo.gov to file a consumer complaint.

Question: I got a speeding ticket and the officer told me I had a warrant out. What do I do?

This was a question submitted through my sister site.  Newspaperattorney.com

Newspaperattorney.com is a site that I created and where I allow people to write in and I will answer questions for them about legal issues.  Currently we have about 17 newspapers publishing the article in their print or on their website.  This was a recent question that I thought may be relevant for the this blog.

Q:  I live in Kansas and I was pulled over for speeding in Kansas.  When I got pulled over the officer told me I had a warrant out for my arrest.  The officer didn't arrest me but told me to clear it up.  He also told me my license was suspended.  I don't know why the warrant was issued or where the warrant is from.  What should I do?
A:  I would start in Kansas, and I would start with the Kansas Department of Revenue.  Most of the time people have a warrant out for not showing up to court.  Many times this is because a person has a traffic ticket they didn't take care of.  When you get a ticket and don't go to court then the judge will often do two things: 1) Suspend your driver's license 2) issue a warrant for your arrest.  This may be what happened.  To find out where the ticket was issued you can go to the Kansas Department of Revenue's website and check why your license is suspended.  This video will explain how to do it.



Once you have found out where your license is suspended then you can begin the process of taking care of the warrant and addressing the suspension.   If this doesn't provide you with the answer you need (no warrants are present) then you may have a warrant out for a criminal case. If the warrant is because of a criminal case you may want to contact a criminal defense lawyer so that he/she can surrender you to the court and get a bond set for your release.  This may save you money on a bond, and will give you an opportunity to talk with a criminal defense lawyer.  To determine if you have a warrant on a criminal case you can go to the jail in your county and ask, or you can have a lawyer send in a written request to the sheriff's office.  Beware if you go in to the jail they may arrest you if you have a warrant out.  Depending on what state you are in this process will obviously differ.  Spend a little time researching on google and call a local criminal defense lawyer if you need additional help. Good Luck!

KC Chief's defensive back arrested for DUI and more.

This seems to be old news by now but I  thought I would give a little insight about this case.  It looks like he was picked up during a routine traffic stop.  As of now he looks like he is charged with DUI.  DUI is usually charged when it is apparent that the person is intoxicated from alcohol.  It is a much easier case to prove because it is a measurable.  The police can measure how much alcohol is in a person's blood and the law lays out acceptable amounts.  If you are over that amount then it is presumed you are intoxicated.  With Drugs being the alleged intoxicant here it is a more difficult case to prove as it is more difficult to detect and establish that someone was impaired by. 

Now many people will say that he had drugs on him so that is evidence that he was using drugs.  That simply  is not the case.  It may have some circumstantial value but not much.  If they want to charge him with possession then it would be evidence, but not DUI.  DUI is Driving Under the Influence, not driving in possession of drugs. 

If you have been charged with a similar charge and need the help of a DUI defense lawyer feel free to contact our office for a free consult.

Here is the original article.

NFL player arrested in Effingham

Bill Grimes Effingham Daily News

EFFINGHAM — A professional football player apparently passing through the Effingham area was arrested Thursday on suspicion of driving under the influence of drugs and other charges.

    In addition to the DUI charge, Donald David Washington III, 25, was charged with unlawful possession of cannabis, speeding and driving while license suspended. Effingham County State's Attorney Ed Deters said Washington had been stopped Thursday afternoon by an Illinois state trooper for allegedly traveling 86 miles per hour in a 65-mile per hour zone on Interstate 70 about five miles west of Effingham.

    Judge Ericka Sanders set bond at $20,000. The relatively high bond was set because authorities believe more charges might be pending. Deters said police found crushed pills during a search after Washington's arrest and believe they may be a controlled substance. The pills were sent away for testing, he said.

    Sanders told Washington she would not issue an arrest warrant for any new charges related to the pills because of the high bond.  Washington posted $2,000 bail almost immediately after his court appearance.   Washington has been a backup defensive back for the Kansas City Chiefs since 2009. He grew up in Indianapolis and played football at Ohio State University.  A complete version of this story will appear in Saturday's print edition of the Effingham Daily News.

Fake Pot is more like PCP than Marijuana

Looks like a drug task force seized some Fake marijuana from some local business people this week.  The police had been buying this stuff from the the store to do some testing on it to determine its chemical composition.  They were doing this to see if it fell within the confines of the prior state ban on such substances.  It did not; however, the sought to have it outlawed under UR 144.  The new substance had been the cause of several people getting admitted to the hospital over the last few weeks.

As it turns out the "potpourri" which is marketed as fake marijuana is actually more like PCP chemically.  Users of the drug believed it to be like pot and more difficult to overdose on.  This misconception led to overuse or the drug and that ended up with several people in the hospital.  Do yourself a favor, and don't use this stuff. It seems dangerous.

If you find yourself in need of a criminal defense lawyer because of possession of this chemical or because of some action you did why under the influence of this chemical please give our office a call.

Here is the article published in the Salina Journal.

SALINA, Kan. — Kansas law enforcement officers seized herbal potpourri from three Salina businesses and one alleged supplier even as federal agents nationwide were embarking on an unrelated crackdown against manufacturers and sellers of synthetic designer drugs.  The Salina Journal (http://bit.ly/SW4gw6) reported Thursday that no arrests were made during the Salina seizures, which were conducted Wednesday by the I-135-I-70 Drug Task Force. Separately, the Drug Enforcement Administration on Wednesday seized more than $36 million in cash and arrested 91 people in the nationwide crackdown.

In Salina, the businesses voluntarily handed over their supplies after being informed of a ban on chemical substance UR 144 that went into effect in Kansas on Monday, Lt. Jim Norton, commander of the I-135-I-70 Drug Task Force, said. Police were holding the seized items as evidence.  "The owners believed they were selling legal drugs that are not controlled," Norton said. "That was true until Monday, when it became controlled."  A local business that was importing large quantities of the substance and supplying it to other stores was notified of that change Wednesday, he said.  While officers were in the stores seizing the synthetic drugs, several people came in seeking to buy herbal potpourri, he said.

Salina police started seeing cases of people overdosing on herbal potpourri, considered an alternative to marijuana, and another designer drug called bath salts in spring 2010.  Salina's police chief testified in January 2011 before a legislative committee against the synthetics, calling them mind-altering, dangerous drugs. The Legislature later passed a bill to make it illegal to manufacture, sell, distribute or possess seven classes of chemicals known to be applied to dried plant material and sold as "herbal potpourri" or "incense."  That law worked to keep local sales of the designer drugs out of Salina for about a year, Norton said. When they started emerging again several months ago, police started buying quantities of the drugs at the three stores for lab testing.

Norton said tests showed the substances being sold were a new class of chemical that wasn't covered by the earlier state ban. That led the police department, Johnson County crime lab and the Kansas Bureau of Investigation to seek an emergency order to take them off the streets.  The Kansas Board of Pharmacy approved a temporary ban on UR 144 a week ago; the Legislative Joint Committee on Rules and Regulations voted Monday to put it into effect immediately.  Dr. Keir Swisher, co-medical director of Salina Regional Health Center's emergency department, said large numbers of people having bad reactions to herbal potpourri and bath salts started showing up in the emergency room in September 2000.  Swisher compared patients he was seeing in Salina during the initial wave of herbal potpourri and bath salts usage to PCP and crack addicts he had regularly treated at a Chicago hospital. He said he had no doubt that long-term usage could cause permanent damage to the brain and other body systems.

The Salina hospital hadn't seen an herbal potpourri patient for four or five months before a resurgence that started about six weeks ago. In the last month-and-a-half, Swisher said, an average of two to three patients per week were being brought in, including a 15-year-old who bought the herbal potpourri locally.  Norton said herbal potpourri, with all of its chemicals, is more like PCP than marijuana. But because it's marketed as an alternative to marijuana, users don't realize they can overdose on it.  "It mimics PCP with a rapid heart rate, aggression, agitation and breathing problems," Norton said. "The issues it's causing to people's bodies are unbelievable. It has to be stopped."

Information from: The Salina Journal, http://www.salina.com

 

Read more here: http://www.kansas.com/2012/07/26/2421656/drug-task-force-seizes-herbal.html#storylink=cpy

Kansas Drug case keeps on growing...

I'll just say it right now.  College kids smoke pot.  This is not the news of the century.  Four out of every five people that come into my office with misdemeanor pot possession charges looking for a criminal defense lawyer are either in college or are college age.  It is a great privilege to be a basketball player at the University of Kansas, however, it is not completely unheard of for a college kid to act like a college kid.  Regardless of if they play basketball or not.

This is why I don't understand why the idea that some college kid may have bought pot from a drug dealer is a big deal.  I think the real story is the size of this bust.  We are talking about quite a lot of drugs and quite a lot of money.  The charges just seem to keep on coming and this case keeps growing as if to no end.  Here is the article in the Kansas City Star about the new charges and the size of the bust.


Kansas Drug Case expands to 101 counts, 35 indicted
 
The Associated Press

WICHITA -- Nearly three dozen people were indicted Thursday for what federal prosecutors say was a ring that supplied about $17 million worth of “high-grade” drugs to customers, including marijuana to members of last year's University of Kansas basketball team.

The U.S. Attorney's office for Kansas said the 101-count indictment involves 35 defendants, most of them from Kansas. The defendants supplied drugs to residents in Johnson and Douglas counties, prosecutors said.
At a hearing last month, assistant U.S. attorney Terra Moorhead said one of the defendants, a 32-year-old Overland Park man, supplied marijuana to multiple members of the Jayhawks' 2010-11 basketball squad. The university would not comment on the case then and officials with the school did not immediately return a phone message seeking comment Thursday.

The university said then that its internal drug-testing policy requires all freshman or new transfer student athletes to take a drug test “within a reasonable amount of time” after arriving on campus. All teams that qualify for postseason play also may be subject to testing.  The indictment stemmed from an original federal complaint filed in June that accused 25 people and included only one count. The new charges including conspiracy to possess and distribute more than 5 kilograms of cocaine and 1,000 kilos of marijuana, conspiracy to commit money laundering and unlawful possession of firearms.

In announcing the indictment Thursday, the U.S. Attorney's office said in a release that two Lawrence residents, Los Rovell Dahda, 30, and Chad Eugene Bauman, 33, “made millions” leading the drug ring. Lawyers listed in online court records as representing Dahda and Bauman did not immediately return phone messages left Thursday evening.  Prosecutors are seeking additional penalties for several of the defendants for distributing drugs within 1,000 feet of high schools, a middle school and Haskell Indian Nations University in Lawrence from about 2005 to 2012. They're also asking a judge to order the forfeiture of $16.9 million in cash and real estate they allege was gained from the scheme.

Read more here: http://www.kansascity.com/2012/07/12/3702997/kansas-drug-case-expands-to-101.html#storylink=cpy