Federal Crimes

Shoplifting: A Not-So-Innocent Crime

January 6, 2021 | Michael B. Cohen, P.A.

From the moment you awake in the morning to the second you lay your head down to go to bed, there will have been 550,000 shoplifting incidents in the U.S.

Although most think of shoplifting as one of the more “harmless” crimes, it is considered “retail theft” in the state of Florida. According to the Florida Senate, a person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to either temporarily or permanently:

(a) Deprive the other person of a right to the property or a benefit from the property.

SFBJ: Trump commutes prison sentence of Esformes, convicted of $1B Medicare fraud

December 23, 2020 | Michael B. Cohen, P.A.

By Brian Bandell – Senior Reporter, South Florida Business Journal

December 23, 2020

Philip Esformes will be released from federal prison after President Donald

The Insanity Defense in a Criminal Case

December 9, 2020 | Michael B. Cohen, P.A.

If you’ve watched enough law movies and drama shows, chances are you have at some point seen a character plead insanity as a defense. According to a PBS article, less than 1 percent of county court cases involve the insanity defense, and that of those, only around one in four were successful. Despite this statistic, there are instances when this defense is successful. The first successful attempt at this defense was in 1843 when an Englishman shot and killed the secretary of the British Prime Minister, believing that the Prime Minister was conspiring against him. More recently, a teenager in Iowa was found not guilty of murder by reason of insanity in the death of his 5-year-old foster brother. So what exactly determines “insanity”?

First, the defendant must prove that he did not have control over his conduct similar to sleepwalking or being in a state of hypnosis. Secondly, the defendant does not have the ability to form criminal intent. They have no understanding of conduct that is “evil” or considered wrong by society’s standards. For example, if someone commits a crime and then tries to purposely mislead officers, they demonstrate an awareness that they did something wrong even if their behavior was mentally imbalanced. Due to these two factors in play, a defendant’s behavior is likely to be repeated again and again. As a result, there is no punishment or sentence that would rehabilitate the person. The only appropriate remedy is to treat their mental condition.

It is important to note that just with other areas of law, the insanity defense varies from state to state. Below are rules states use to define “insanity”:

* Special (Compassionate Release) * COVID-19 Coronavirus Attorney

April 4, 2020 | Michael B. Cohen, P.A.

As the Coronavirus spreads exponentially across the United States many local and states have been releasing thousands of low-risk inmates who could be at risk, particularly the elderly and those with underlying medical conditions. Additionally, many criminal-justice reform advocates have urged the president to use his power of clemency to commute the sentences of numerous inmates who may be eligible for “compassionate release”.

In the opinion of many experts it has been said that each Governor should name a high-level health coordinator to address the growing problem faced by low-risk state prisoners.

The federal prison system is coming under intense pressure to take similar action, however, as is the case, especially with those who have been sentenced to prison terms and are currently incarcerated already know that the needs of those in federal custody usually face a long drawn out process.

South Florida Woman Receives Sentence of Probation for Guilty Plea on Embezzlement Charges

February 29, 2020 | Michael B. Cohen, P.A.

“A gambling problem can negatively affect an individual’s home life, financial status, career, education, social relationships, and physical and emotional health.”

These words can be found on the helpline page of The Florida Council on Compulsive Gambling’s website.

Their mission statement demonstrates that they’re “committed to increasing public awareness about problem and compulsive gambling.”

Florida Man Tricked Teen Girls into Prostitution by Offering Help for Victims, Conclusion

January 26, 2020 | Michael B. Cohen, P.A.

Last month’s blog post settled with the FBI’s arrests of William Foster, Ashleigh Holloway and Hanah Chan.

Foster had been charged with an array of sex trafficking charges while Holloway and Chan had soon after surrendered to federal authorities and now face similar charges.

Foster’s complete indictment which was unsealed on December 9 of this past year charge him with sex trafficking of a minor, conspiracy to sex traffic a minor and transporting with the intent to engage in prostitution. Holloway and Chan who were alleged to be Foster’s two main recruiters were charged under the same indictment with sex trafficking by fraud, coercion or force. Additionally Chan was charged with transporting an individual for prostitution.

Florida Man Tricked Teen Girls into Prostitution by Offering Help for Victims

December 27, 2019 | Michael B. Cohen, P.A.

Florida has local human trafficking task forces in each of its sixty-seven counties.

The crime’s statistics have been precipitous; having a very steep ascent year after year.

Over the past seven years total cases have risen from a reported 931 contacts in 2012 to 1885 ending 2018; more than double.

21-Year-Old Involved in Two Broward County Bank Robberies Surrenders

August 25, 2019 | Michael B. Cohen, P.A.

Bank robbery has been a federal crime in the United States since 1934. This includes National banks, state member banks, savings and loans, credit unions, armored cars and related institutions that are insured by the Federal Deposit Insurance Company (FDIC).

It was in the 1930’s when the John Dillinger gang also known as The Terror Gang caught the country’s attention wreaking havoc with their daring robberies of twenty-four banks. Since that era the FBI has become the leader of all investigations relating to any assault on the Federal Reserve System.

Dillinger became a folk hero to some when the press ran embellished accounts of his swagger and flamboyant personality, equating him to a then day Tony Soprano figure.

Threatening Political Voicemails Leads to Arrests

April 21, 2019 | Michael B. Cohen, P.A.

Our country is divided; with our politics reaching a level of intense polarization which most likely hasn’t been seen since the American Civil War.

One day after the release of the Mueller report, that’s primary focus was to deliberate on Russia’s seemingly successful interference of the 2016 presidential election; and if any American persons aided and abetted in the process, a South Florida man was arrested for leaving threatening voicemails on multiple Congresspersons’ voicemails.

This article is not political, but will point out how the apparent impenetrable divide in our country has caused certain people to become overly-passionate when it comes to their personal opinions about their political leanings. So much so, they arrive at a point where they believe they need to take action personal action.

Prominent Hillsboro Beach Attorney Convicted on Federal Securities Charges

December 23, 2018 | Michael B. Cohen, P.A.

After a two-week trial in federal court in the Southern District of Florida a well-known and highly respected South Florida attorney faces decades in prison after being convicted of multiple counts of federal crimes.

James M. Schneider, who is 77 years old, is now awaiting sentencing for the crimes he was convicted of earlier this month which could easily amount to a lifetime in prison due to his age. A U.S. District Judge is set to sentence Schneider on Feb. 14, 2019.

In October, 2017, Schneider was charged with multiple counts of securities fraud, conspiracy to commit securities fraud, and conspiracy to commit money laundering and wire fraud. At sentencing, he now faces a maximum statutory sentence of twenty-five years for each count of the securities fraud and conspiracy counts, and ten years each for money laundering and the conspiracy to commit money laundering counts, as well as a fine up to $250,000 or double the proceeds of the scheme as to each.