South Florida Criminal Attorneys Blog

Charges dropped in 14-year old Lakeland Girl’s Cyberbullying Suicide

April 15, 2015 | Michael B. Cohen, P.A.

Modern technology in its union with computers and the Internet is responsible for many changes in existing laws, both federal and local. A prime example of this is the crime of wire fraud which was previously defined as criminalities which were committed crossing state lines, mostly associated by telephone, telegraph, radio, and television. But in our current day environment, many types of crimes have been expanded to include new devices associated with computers as well as cell phones which didn’t exist when these laws were first placed on the books.

In addition to laws being lengthened to cover the new devices; which in many cases are used to commit crimes, innovative and new types of crimes have been devised through the use of these devices in the new digital world where we all can be affected.

Phishing scams, online sales scams and cyberbullying are just a few new crimes that didn’t exist before computers became popular and were ultimately coupled to the Internet.

An example of one of these modern crimes leads to the story of the suicide of a young girl who lived in Lakeland, Florida.

From all outward appearances, Rebecca Sedwick was an average 12-year-old, with all the challenges that young girls of that pre-teen age group face every day. But the investigation into her suicide revealed a troubling collection of tactics by her peers that by all appearances caused her to choose to end her life.

The story became a case of National prominence when two of Rebecca’s schoolmates from Crystal Lake Middle School were charged with a crime related to cyberbullying and intimidation by means of cellphone texts, social media and in-person verbal assaults.

Guadalupe Shaw and Katelyn Roman, were ages 14 and 12 respectively at the time they were charged with aggravated stalking in the death of Rebecca. The crime is a third-degree felony in the State of Florida. Both girls were eventually released into the custody of their parents although Shaw was first processed and spent a short time at a juvenile detention facility.

The findings of the investigation suggested that the older girl was the main culprit in the events that led up to the suicide. The investigation was launched soon after the suicide but the bullying began in 2012 and it was discovered that Rebecca was allegedly tormented by as many as fifteen girls, instigated by Shaw who was dating a boy that was previously Rebecca’s boyfriend. It may have been this element that caused Shaw to start turning classmates against her.

When the younger Katelyn Roman was interviewed by investigators, she told them that when the in-person taunting began at school, she was still friends with Rebecca. But Shaw “had so many people on her side.” She went on to tell investigators that around that time, she told Rebecca she didn’t think it was a good idea for them to remain friends. Rebecca didn’t take that news well and replied “it didn’t matter, because I (she) wasn’t a good friend anyway.” Roman continued by saying that “everyone was telling me she was a liar. I’d hear it all around school… Every day, I’d hear stuff about her… I didn’t want to believe what everyone was saying, but I didn’t know what to do.”

Shortly after the taunting began Katelyn and Rebecca got into a physical altercation between classes at school which was broken up by a teacher.

But it was the online taunting and bullying followed by a seemingly never-ending horde of text messages that caused the Polk County Sheriff to bring formal charges against the two girls despite their ages.

The hateful texts started in 2012 via cellphone and messaging applications including ask.fm, an anonymous question and answer platform website, Kik, an instant messaging application for mobile devices, and Voxer, a “Walkie Talkie app” and voice messaging system for smartphones.

Some of the texts that were discovered through the investigation said “You’re ugly”, “Why are you still alive?”, and “Can u die please?”

It was around that time that Rebecca started cutting herself with razor blades. Some of the images which were posted by Rebecca herself, on some of the aforementioned messaging sites as well as Facebook showed her cutting herself in the upper thigh, displaying her arms and body covered in cuts, showing a razor placed on the inside of her arm, as well as a picture showing her lying with her head on railroad tracks.

In early 2013, Tricia Norman, Sedwick’s mother, filed a complaint with the Polk County Sheriff’s office reporting that her daughter was the target of physical threats, also stating that she had an “ongoing feud” with another student. The student, who was unnamed in the report but implied to be Shaw, claimed that she never touched Sedwick when questioned by police. When Norman realized the abuse her daughter was facing she closed her daughter’s Facebook page, took away her cell phone, and ultimately had her transferred to a new school in August 2013 after first attempting to home school her beforehand in January of that year.

After weeks of investigation and scrutiny of thousands of Facebook messages the charges were ultimately dropped by the Polk County state attorney’s office. It was decided that there wasn’t enough concrete evidence to succeed with a prosecution against the girls even though an apparent admission by Shaw was plainly damaging, and the main reason that the Sheriff decided to pursue charges in the first place. Below is the Facebook post made by Shaw after the Sedwick suicide:
“Yes ik [I know] I bullied Rebecca nd [and] she killed her self [sic] but IDGAF [I don’t give a F…]

Presently, there are no federal laws that address the issue of cyberbullying but Tricia Norman, along with her attorney are aggressively pressing for a federal anti-bullying law. And in the State of Florida, Norman is fighting for the legislation of “Rebecca’s Law”, which would define statutory penalties for in-person bullying as well as this type of intimidation via the Internet and by use of other communication devices.

To find out more about Cyberbullying, its penalties in the State of Florida, and other crimes related to it, follow this link found on my Website.

Broward County Resident Accepts 70 Month Prison Sentence for Identity Theft

March 30, 2015 | Michael B. Cohen, P.A.

With less than a week to go, many are looking forward to opening of the 2015 baseball season. And only ten days after that event begins the deadline for filing your tax return reaches its deadline. Spring always brings about the beginning of one and cutoff date of the other season.

And just as the first pitch is being thrown in all major baseball stadiums across the country, cases of tax fraud and identity theft will be highlighted in the headlines.

Many of us use tax preparers to fill out and submit our returns with a belief that these professionals are doing so to our benefit, more qualified to take the information we give them and bring us back the highest monetary return or lowest tax liability possible.

In Broward County, Julio Lugo was the proprietor of multiple agencies of this type, including #1 Tax Specialist LLC, the Number One Tax Specialist LLC, and Number Two Tax Specialist Inc., all based in Miramar. He also had control over Light House Refund of Miami from which he obtained an EFIN (Electronic Filing Identification Number) from the Internal Revenue Service which allowed him to electronically file customer’s income tax returns, supposedly on their behalf.

Lugo and his associate Jamar James who registered Light House Refund both faced charges relating to improperly filing returns on their customer’s behalf for their own personal gain. Lugo was also listed as the registrant of Facerick Entertainment LLC, Chairman/CEO of Top Line Music Group, LLC and the Managing Member of Auto by Vision, LLC.

But for all his business interests, Lugo was apprehended by federal law enforcement for a scheme that found that he was using the EFIN acquired by Light House Refund to file close to fifty false tax returns using stolen identities. According to the Indictment he was paid several hundreds of thousands of dollars for the fraudulent tax refunds provided by the IRS during the timeframe of Oct. 2010 through Sept. 2012.

In a deal with the government, Lugo pleaded guilty to one count of conspiracy to defraud in relation to aggravated identity theft. He accepted a sentence of close to six years in a federal prison and more than a quarter million dollars in restitution. Upon his release, Lugo will complete his sentence with three years of probation.

His codefendant Jamar James received a sentence of two years of probation for his role in the scheme. His probationary sentence was for accepting a guilty plea for one count of making a false statement to a federal agency.

The press release for the case was announced by Wifredo A. Ferrer, the United States Attorney for the Southern District of Florida, along with Kelly R. Jackson, the Special Agent in Charge for IRS Criminal Investigations (IRS-CI).
George L. Piro, Special Agent in Charge for the FBI’s Miami Field Office was also named in the press release.

Florida Connection to Silk Road Case, Bitcoin, Money Laundering and More

March 3, 2015 | Michael B. Cohen, P.A.

In late January, a U.S. District Judge sentenced a Cape Coral, Florida man to four years in federal prison and the forfeiture of almost $1 million after he pleaded guilty to the charge of tax evasion.

Robert Faiella accepted the plea which was the lesser of the allegations charged against him for his role in a case that has direct ties to the headline grabbing “Silk Road” case that came to a conclusion in early February. Faiella’s codefendant, Charlie Shrem was sentenced to two years behind bars for the same crime just one month before this latest plea deal was accepted.

Faiella, a/k/a “BTCKing” was originally arrested and charged last year with operating the unlicensed money transferring business and conspiracy to commit money laundering. He was well-known as a Bitcoin entrepreneur who allowed those who used the Silk Road Website unfettered access to his monetary exchange. Bitcoin is digital currency that has been in use since 2009 for purchasing all types of items on or through the Internet. It cuts out banks as middle men avoiding transaction fees such as percentages charged by credit cards and can be utilized without giving a person’s actual name. Faiella operated his Bitcoin exchange and purchased the digital currency through “BitInstant” within the Silk Road’s confines on the “Dark Web”.

It was suspected that buyers and sellers who used Faiella’s services were able to exchange cash for Bitcoins anonymously which made it possible for them to buy illegal drugs as well as other illegal articles on the Dark Net market site. Shrem and Faiella made profits on the transactions through a handling fee. Allegations of the sale of illegal firearms and even murder for hire were also raised as prospects of the Silk Road’s merchant’s commodities.

The Indictment, unsealed in late January, alleged that Shrem and Faiella colluded to launder in excess of $1 million of Bitcoin transactions that poured over the Silk Road between the years of 2011 through 2013. Shrem was named the CEO and chief compliance officer while Faiella was charged as being the owner/operator mastermind of the monetary exchange.

The Silk Road case itself came to a conclusion early last month when its alleged mastermind Ross Ulbricht was found guilty on all counts charged against him. The feds seized the site in Oct. 2013 and arrested him in San Francisco. Ulbricht’s pseudonym was “Dread Pirate Roberts” and was convicted by a federal jury after a few short hours of deliberations. He was charged with drug trafficking and money laundering among the seven counts brought against him. He faces a minimum of twenty years in prison which can be upped to life in prison upon sentencing. His legal team plans to appeal the verdict.

Almost one year ago to the day, another Florida man was charged with selling Bitcoins for the purpose of money laundering to undercover federal agents. Michell Abner Espinoza was charged with one count of operating an unlicensed money service business, laundering up to twenty thousand dollars, and laundering currency valued at more than twenty thousand dollars. His co-defendant Pascal Reid, a citizen of Canada was also charged as co-defendant in the case. Both men were arrested in Miramar, Florida.

A journalist and security researcher who first broke that story said that the “arrests may be the first state prosecutions involving the use of Bitcoins in money laundering operations,” according to Miami-Dade State Attorney Katherine Fernandez Rundle’s office.

In March, 2013 Florida Regulators issued a warning relating to Bitcoin that can be read at this link.

Eight Arrested in Offshore Gambling Ring with Connection to Organized Crime

February 16, 2015 | Michael B. Cohen, P.A.

After an investigation that went on for over half a year, eight South Florida men were taken into custody as the result of a sting that covered territory along the East Coast in an offshore online sports gambling ring that was operated out of the suspect’s homes as well as local businesses. The online bookmaking ring took bets on professional and college sports including football, baseball, and basketball.

Related suspects were also arrested in New York City, Upstate New York’s Rockland County as well as Bergen County, New Jersey, with a grand total of over $4 million seized by federal agents between all locations. More than sixty search warrants were executed by multi-state agencies made up of the Organized crime unit in Florida as well as the FBI’s criminal division in the New York Metropolitan area and the Rockland County District Attorney’s Organized Crime Unit with assistance from the New York State Police Special Investigative Unit, Queens District Attorney’s Organized Crime Division, the NYPD Asset Forfeiture Unit, the Clarkstown and Ramapo police, the Bergen County, New Jersey Prosecutor’s Office, and the Department of Homeland Security.

In New York, the biggest catch found in the net was Daniel Pagano, now 61, the son of former Genovese crime family boss Joseph Luco Pagano. The younger Pagano is alleged to be a Captain in the continuing criminal enterprise.

Also picked up in the operation and accused of being linked to the infamous crime family was Pasquale Capolongo who was taken into custody in West Palm Beach, Florida. Capolongo had moved from White Plains, NY to West Palm Beach. He has a history of convictions for illegal gambling charges during the time he lived in Rockland County which has apparently followed him to South Florida.

The South Florida portion of the booty amounted to over $1.2 million and was snatched from the suspect’s homes, safety deposit boxes and personal bank accounts. According to papers released by the Broward County Sheriff’s Office, in this new age of digital crime; in addition to conducting their illicit business from their homes it is also alleged that they worked out of local casinos and a dog track, an Italian market in Coral Springs, a scrap metal business in Pompano, and even a Whole Foods market and CVS Pharmacy.

Arrests were initiated last year in Rockland County in early December with the conclusion of their own separate investigation which separately went on for over a year. At the time, District Attorney Thomas Zugibe said that they were “taking in millions of dollars a month” and continued by saying that “the investigation uncovered evidence that the enterprise had links to organized crime.”

In the South Florida connection all the men are charged with racketeering, conspiracy to commit racketeering, money laundering, conspiracy to commit money laundering, varying counts of bookmaking, conspiracy to commit bookmaking, and the unlawful use of two-way communication devices to facilitate a felony. All have been saddled with bond in excess of one hundred thousand dollars with Capolongo’s topping off at $1 million. Coming in second in the high-bond lottery was Michael Dangelo of Pompano Beach who had additional charges of drug trafficking and possession of cocaine and oxycodone which raised the amount of his bond to $777,000.

The Broward Sherriff’s Office said that the operation was foiled by texts and phone wiretaps, surveillance, along with cooperating witnesses and defendants as well as videotaped recordings of live transactions, and the hard work of their undercover deputies.

Sheriff’s spokesperson Gina Carter mentioned that “this is an ongoing investigation and we anticipate several more key players will be arrested in coming weeks.”

Four of the men who were arrested in Palm Beach County including Capolongo had hearings before a Broward Circuit Court Judge to account for the sources of their bond funds which must have been obtained from legitimate sources. The other three men were Devon Alexander Shalmi, 30, Joseph Petrolino, 47, and Thomas Cuce, 32. But for now the four remain in custody. All the men arrested live in the immediate neighborhoods of West Palm Beach, Boca Raton, Parkland, Margate and Coral Springs in Broward and Palm Beach Counties. The others arrested were Allan Klein, and his son Darren, Michael Dangelo, and Erik Bishop.

Broward County Sheriff Scott Israel commented on the workings of the criminal enterprise by saying “Criminal networks like these may not seem dangerous to the public… but it is activity such as this that leads to violence and fuels organized crime throughout the country.”

South Florida Ex-Convict Faces Federal Weapons Charges

January 24, 2015 | Michael B. Cohen, P.A.

Michael Paul Watkins of Inverness had successfully escaped from custody previously on two separate occasions after being convicted for the crime of fondling and handling a minor under the age of sixteen years in Florida State Court. He was arrested in October 2011 on a charge of domestic battery. Details of that arrest record are exempt from public information as per Florida statute.

Late last year, the Citrus County Sheriff’s Office received information from local Wal-Mart employees that an individual who was later identified as an employee of Cool Aid Heating and Air Conditioning was purchasing a questionably large amount of firearms from the outlet during the course of a short period of time. The air conditioning company was one of two businesses owned by Watkins. The purchases included various types of guns including AR-15 rifles. The law enforcement agency also received an anonymous tip that Watkins was obtaining and stockpiling firearms, grenades (explosive devices), and ammunition from a third party. As a convicted felon, Watkins is prohibited from manufacturing, possessing, or purchasing any type of weapons under the National Firearms Act.

The Sheriff’s Office contacted the Bureau of Alcohol, Tobacco and Firearms (ATF), a federal law enforcement agency and together they executed three warrants based on probable cause, searching Watkins home and the two businesses he owned.

Through their search efforts at Watkins home, close to 150 firearms as well as 17 explosive devices were uncovered. The investigators’ assigned to the search the premises commented that Watkins house was “built like a bunker”. There was a concrete gated wall surrounding the home entrance as well as rolling steel shutters guarding the front door and all windows.

In addition to the air conditioning and heating company, Watkins is also the owner of Ridin’ Dirty Motor Sports, a retailer of ATV’s, go carts and motorcycles. He was arrested at that location and charged with illegal possession of a firearm by a convicted felon as well as illegal possession of a destructive device. If convicted, each of the crimes carries a maximum sentence of 10 years in a federal prison.

When Watkins’ employee was questioned by federal investigators he told them that the acquisition of the firearms began in September 2013 in gun shops where they were legally sold, including Wal-Mart stores in Inverness, Inglis, and Ocala, Florida. The money was provided by his employer and on some occasions he waited in the store’s parking lot for the transaction to be completed. He also bought conversion kits for Watson by way of the Internet, using a pre-paid card provided by his boss. These supplies are specifically used in the conversion of semi-automatic weapons into automatic firearms.

He also admitted to investigators that he assisted his boss construct and set off pipe bombs which were made from PVC pipes that contained explosive substances on a vacant lot which Watkins owned in Dunnellon, FL. The Citrus County Property Appraiser confirmed that the property was owned by Watkins’s company (Watkins Inc.).

In further response to investigator’s questions regarding why his employer had accumulated the equivalence of a small armory, he told them that Watkins feared the foreseeable collapse of the United States economy and planned to eventually become a supplier for the firearms industry. Telephone records and text messages corresponding to the purchase dates between Watkins and his worker were also accumulated by investigating agents.

Although Watkins was convicted of his prior crimes in the state criminal justice system, these new charges will be tried in federal court. The employee continues to work and cooperate with federal authorities.

Miami Woman Sentenced to Life in Prison for Revenge Killing

December 10, 2014 | Michael B. Cohen, P.A.

When police responded to a 911 call made by an agitated North Miami woman whose husband was murdered while playing with the couple’s 20 month old son the previous month, they found the bullet riddled body of Ilam Nissim who had been shot numerous times by the 911 caller, Janepsy Mesa Carballo.

Carballo, 35, first called police emergency to report a battery, but called again a short time later telling the dispatcher that she shot an intruder.

When police arrived at the scene, she told them that she was in the process of transporting furniture out of her home located on NW 12 Avenue in North Miami, while packing to move. When she went back into the house to get more items she found Nissim suddenly appearing in a hallway. She went on to say that Nissim grabbed her by her blouse; ripping it, and demanded to know the whereabouts of a warehouse where her late husband stored his possessions. She explained to police that she then watched him turn his head and body in a threatening manner, leading her to believe that he was reaching for a gun. Believing her life to be in danger, she ran into a room of the house to retrieve a gun of her own and shot him six times. She went on to say that she feared for her safety and the welfare of her son, believing Nissim had intentions of harming them.

US District Court to Hear Convoluted Murder for Hire Case

November 26, 2014 | Michael B. Cohen, P.A.

Fred Topous Jr. is a registered sex offender who pleaded guilty in 1999 to the charge of assault with intent to penetrate a thirteen year old minor female who just happened to be his boss’s daughter. He can easily be labelled a career criminal as his records show that he’s either been imprisoned or on parole for all of but three years between the years of 1984 and 2006 for three individual criminal convictions.

But after his release from prison in 2006, Topous hit the lottery… I mean he literally hit the lottery!

In 2008, Topous picked the six winning numbers in Michigan’s $57 million State Lottery. The proceeds netted him a whopping thirty-four million dollars in a one-time lump sum payout.

In some cases, ex-convicts’ who have significant amounts of money or receive windfalls after their release have been ordered to give a substantial amount to the state to cover the expense of their upkeep for the period of time they were incarcerated. But in Topous’s case, the attorney general’s office didn’t pursue any economic payback. So to sum it up Topous got to keep the full payout, his debt to society already paid in full.

But this article isn’t about Fred Topous Jr., not directly at least. This is a story about Murder for Hire.

In late 2009, Topous began a business venture with a well-known area lawyer named Clarence K. Gomery. Together they purchased what was originally a golf course and redeveloped the property into Northern Meadows, a wedding and banquet facility by way of the newly formed company. T&G Real Estate Development LLC that Gomery setup. Before going into private practice Gomery held the positions as an Assistant County Prosecutor as well as County Prosecutor in two separate jurisdictions.

The purchase was made for $500,000 of which Gomery didn’t contribute any funds. However, Gomery had Topous sign a document which was subsequently altered (as decided in a civil suit judgment) to indicate Gomery as fifty percent partner on the property deal. Gomery’s law firm Gomery and Associates, also handed Topous a bill for legal services rendered in the amount of $25,000 which Topous paid. Topous charged that he paid approximately $500,000 and didn’t receive accounting of the purchase of the property. During the course of its operation, T&G Real Estate Development LLC only received one payment of $1500 from Northern Meadows.

Hence, Topous sued Gomery in the 13th Circuit Court on the grounds that he had made several demands requesting the operating accounting and the agreement but received no satisfaction. He hired Chris Cooke to act as his attorney in the case.
According to court documents Gomery had primarily refused to produce any books, records, or accountings. Attorney Cooke charged that Gomery “induced” his client to invest funds in the new business and then “used the business to host weddings for family members at Plaintiff’s expense.” According to court documents the attorney also accused Gomery of “fraudulently editing the operating agreement giving him fifty percent ownership and fifty percent interest in the property with no monetary investment on his own part.” He also claimed that Gomery named Topous as the responsible party for property taxes associated with the property owned by the newly formed LLC.

Last May a jury established that Gomery did indeed induce Mr. Topous into the agreement by violating ethical rules as well as committing malpractice and fraud by altering the operating documents at the same time he collected $25,000 from his new business partner under the pretext of settling a lawsuit which threatened Topous’ brother, Jeff, by making it “go away.”

The jury awarded the property to Topous in full with exception of $13,000 which went to improvements made by Gomery before the lawsuit was filed. Besides losing the property Gomery was ordered to pay Topous $314,000 to cover court costs and attorney’s fees. Additionally, Judge Thomas Power issued a sanctions order against Gomery in November. The following April, Gomery filed for bankruptcy placing his payment obligation on hold. Topous then opposed the stay of debtor payments.

It is not clear exactly when and the reasoning behind it, but at some point Gomery came to the conclusion of having Mr. Topous’s lawyer killed. But it’s easy to speculate that perhaps he felt the lawyer did too good a job which ultimately caused him to wind up in his current dilemma.

But Dale Fisher, the man that Gomery allegedly hired to kill the lawyer said “That he [Gomery] had just lost so much money in the lawsuits and that he was interfering in his bankruptcy and it was destroying his life… It was destroying his wife, his family.”

Gomery knew Fisher when he hired him to do some work at his home and arranged a meet in his office to discuss his “detailed plan”. But what Gomery didn’t count on was that Dale Fisher was a man with a conscience.

Fisher agreed to meet in Gomery’s office on several occasions and then alerted police to Gomery’s plan which would be carried out using him as the instrument. He also told police that he was paid $1000 to purchase a rifle with a payment of $20,000.00 pledged to be paid after the deed was done. In a later interview, Fisher was quoted as saying “I couldn’t fathom why somebody would choose me to commit such a heinous crime.”

Fisher also alerted Cooke to the threat who was stunned at the revelation. He later said that he “went to the authorities and they acted expeditiously to analyze the threat.”

Upon learning of the plot, police had Fisher meet with Gomery at his home while wearing a listening device. They heard Gomery and Fisher discuss the type of weapon that was to be bought and where it was to be purchased, how the murder would go down and where and when it would happen.

Gomery was arrested in mid-July after detectives tracked him down at his daughter’s home; but not until after a drawn out drama and negotiation with police transpired. Police units from five different departments arrived at the scene to assist with the arrest. He was first contacted by police in mid-evening on the evening before his eventual arrest. When a detective first contacted him he allegedly told him that police would need to prepare to “dig in… it was going to be a long night.” After that first exchange, police surrounded his daughter’s house and decided to just wait it out, instead of breaching the home to take him into custody; avoiding an unpleasant and possibly dangerous confrontation.

At approximately 9:30pm, one of the detectives made contact with the suspect by phone and told him they were waiting for him at his own home. He asked him to go there as an arrest warrant had been issued. The detective explained that Gomery told him that he wasn’t prepared to do that “due to the fact that he does not want to sit in jail overnight.” Afterward, Gomery turned off his cell phone while police continued their surveillance and established a perimeter around the home. Attempts by a detective to contact him by way of a bullhorn from the driveway of the house were unsuccessful as Gomery stayed put.

At approximately 4:00am that following morning, police noticed lights being turned on in the house. Not long after that, Gomery’s wife exited the house and entered an SUV in the driveway. She was immediately stopped by police while in a separate SUV, Gomery’s daughter and her passenger being the suspect attempted to leave. When stopped by police his daughter told them they were preparing to drive to the County Jail where her father intended to turn himself in. Gomery was then taken into custody.

He is now facing the felony of soliciting murder. Because the crime involved the carrying of a weapon with unlawful intent he will also face a separate charge of solicitation of a felony.

After his arraignment by a District Court Judge he was remanded to the County Jail on a $5 million cash surety bond.

Two days after his arrest Gomery answered a motion that was filed by a U.S. Bankruptcy Court to dismiss the case.

In District Courtroom testimony Fisher affirmed that there was a plan in place, devised by Gomery to kill Cooke using him as the assassin along with the specifics of the plot and the amount to be paid.

The case continues… Check back here for updates as it moves toward its conclusion.

Collateral Monetary Damage in South Florida from Home Depot Security Breach

November 11, 2014 | Michael B. Cohen, P.A.

These days it seems that with far too much frequency there is continually breaking news about another retailer with online outlets being victimized by a security breach. The latest of these high tech break-ins was successfully aimed at Home Depot and turned out to be executed by a low-tech method; at least when first hijacking their network.

The well-known distributor of appliances and supplies for home and garden items released news that show that a breach which began in April of this year and went undetected through September allowed hackers to steal credit and debit card data of fifty-six million customers. The news got worse when the company announced last week that in addition to the credit data being compromised as many as fifty-three million email addresses were also revealed to the hackers through the attack.

The hackers didn’t have to break through any firewalls or tough encryption protocols or even find a flaw in their Website’s security code. They did it the old fashioned way by stealing a vendor’s login information to gain access to their network.

Once inside the system the online bandits were able to move around the network and plant malware known as “Backoff” which in this case was custom-built, accessing records of customer’s credit and debit card information at point of sale terminals that were located throughout the United States and Canada. This type of bug had been previously flagged by the Secret Service leading the Agency to issue an advisory that warned businesses of the threat before this latest attack took place.

According to Kaspersky Labs a well-regarded cyber security company, the amount of companies targeted by this method may easily have exceeded the more than one thousand companies thought to be affected by it based on estimates released by federal officials.

The technicians from Kaspersky found that during a period of only a few days of their investigation, in excess of one hundred networks from eighty-five separate IP addresses were attempting to link to what are technically known as malicious command-and-control servers.

Malicious command-and-control servers are used in cyber-attacks for the purpose of maintaining communication with systems that have been previously compromised within a network that has been breached. Ninety-seven of those infected systems were in the U.S and Canada with the other small group targeting Israel and the United Kingdom.

It appears that most of the systems were compromised quite a while ago, since this particular Backoff component had been identified as early as October of last year according to one of the senior security researchers at Kaspersky. “Looking at the bigger picture here, these companies were infected for a very long time, maybe even half a year or longer,” said Roel Schouwenberg, the senior security researcher that was interviewed and speculated that the companies under attack “should have detected and blocked any malicious activity related to the malware” and then added that “none of the companies appears to have even known they were infected.”

It appears that Home Depot did not learn from the massive data breach earlier this year against Target stores that affected more than 100 million customers. The company has been accused of not keeping up-to-date on necessary security measures that would have made them aware of the planted malware ultimately thwarting the break-in and subsequent data theft.

The implications of such a theft of data are usually not immediately felt but the threat continually exits without taking measures to protect the stolen data. That’s not to say that there aren’t immediate financial ramifications.

Before the breach was even publicized a consumer class action suit was filed in federal court by First Choice Federal Credit Union that listed an extensive listing of damages. The case was filed in Georgia which is Home Depot’s hub.

First Choice which is located in New Castle, Pennsylvania filed the suit on behalf of financial institutions including credit unions and banks anticipating that they will be suffering injuries as a result of a massive security breach which compromised the retailer’s customers’ names, and zip codes of the stores marked by the theft, debit and credit numbers along with their expiration dates, and verification codes. The suit also mentions the immediate costs of redistributing new cards and other costs involving the intensity of labor needed to achieve it. To sum it up, the complaint states that “Home Depot utilized weak password configurations and did not employ lockout security procedures at its remote access points.”

In Florida, the breach affected 434,000 members of credit unions. With the average cost of each card estimated to be just over eight dollars it will cost close to three and one half million dollars to replace and reissue the cards as well as sustaining additional costs for notifying their members by way of additional staffing. Charges will also be incurred for the monitoring of the affected accounts. These figures are according to the League of Southeastern Credit Unions and Affiliates.

To read more in detail about computer and Internet cases visit the following page on my Website: https://www.southflalaw.com/federal-computer-crimes.html

Miami Federal Judge gives International Sex Trafficker/Rapist 27 years

October 30, 2014 | Michael B. Cohen, P.A.

His reign of terror which operated Internationally including Australia, the Mid-East and the United States finally came to an end when Miami Federal District Judge Cecilia Altonaga sentenced Jamaican born Damion St. Patrick Baston to twenty-seven years in federal prison.

For years, the smoothing talking former nightclub dancer enticed women into a life of prostitution that spanned numerous continents by making them believe he was a hip hop music producer, later bragging to them that he was a member of Bloods, the violent West Coast street gang based out of Los Angeles. Once under his influence he repeatedly raped them and used tactics of verbal abuse, threats to their family and savage beatings to keep them under his control.

It appears that his venture into the sex for sale and sex trafficking trade began around the time he married an 18-year-old woman of Australian descent only identified as TJM on Queensland’s Gold Coast in an Islamic ceremony. He met her at a party in 2009 and married her the following year. She would be one of many women from outside the borders of the United States to testify against him.

According to court testimony his next Australian victim, identified as KL met him in a restaurant also on the Gold Coast. He told her he was a music producer seeking talent from Australia. After beginning a passionate relationship with her he let her believe that he was interested in opening a new restaurant and would let her in on the action but instead, as he did with his first conquest he threatened her and used acts of violence to bully her into working for him as a prostitute. He posted her pictures in local newspapers offering escort services as well as on the Internet along with her contact information using known “escort service” Web sites. He drove her to “dates” and kept all the proceeds she earned. He also opened a strip club called the Bachelors Club that KL was listed as owner/operator. According to Baston’s testimony she kept the books and he split all profits from the venture with her. KL denied his statement and testified that she only allowed him to use her name because she was in fear of him due to him threatening to hurt her and her family.

By 2011 he was peddling both women out of various rented dwellings on the Gold Coast and flew to Dubai with KL and the woman from New Zealand where he did the same in that middle-eastern country. He reentered the United States and settled in South Florida in 2012 with two of the women.

Six women in total of which three were flown in by the prosecution testified against him including three Americans, two Australians, one from Lithuania and one New Zealander. All six of the women testified that he forced them to work as strippers in Australia, in Dubai and South Florida and then coerced them into working for his various escort services.

This past June at trial, a federal jury of twelve, including Baston’s ex-wife heard testimony of how he forced them into a life as sex slaves and prostitution after beating and raping them.

Evidence presented in court disclosed that Baston was convicted of possessing stolen property in the late 1990s. That conviction led to an order to deport him to his native Jamaica by a U.S. immigration judge. During his own testimony he denied the deportation and said it was a “touchy subject.” He first turned up in Australia in 2009 under a stolen identity of a man that lived in Iowa. He used the passport and identification cards of a man named Rayshawn Bryant who was the victim of the identity theft.

In addition to the oral testimony, a transcript of a recorded conversation between Baston and the woman from New Zealand (flown in by the prosecution) identified as GP was heard by the jury which was made up of five men and seven women. In addition to the transcript, when making her original complaint she told the New South Wales Police Department that at one point in 2010 Baston hung her upside down, from a fire escape by her feet while he verbally abused and threatened her. She also testified that he forced her into a shower with scorching hot water running and wouldn’t let her out for hours as he beat her without mercy. The female detective that took GP’s statement testified that she was the most terrified victim she had ever interviewed throughout her twenty-five year career, most recently working for the sexual battery division.

One of the South Florida women testified how he ruined her life by getting her pregnant. She also disclosed that she subsequently had given birth to his child.

The twenty-one charges against him included importation of an alien for prostitution, sex trafficking by force, coercion and fraud, transportation for prostitution, money laundering and aggravated identity theft.

When Baston took the stand he told a completely different story. He said he was educated in New York City studying for the fashion industry, became a master in karate and weight lifter. He then worked as a dancer in nightclubs before becoming a talent agent in the music business. He said that he never forced or intimidated any of his numerous girlfriends into prostitution or his escort services, and never took their money.
“I am not a pimp… I was always nice and kind… It was love. It was romantic. It was fun.”

The presiding federal judge didn’t buy his story.

The arrest and conviction came as a result of a joint effort among Australian and United Arab Emirates law enforcement agencies along with United States federal authorities that stemmed from a 2008 law to combat international sex trafficking.

The mandatory minimum sentence for the self-described entrepreneur’s crimes was fifteen years in federal prison.

Declaring that a “sentence of life (in prison) would not provide just punishment,” Miami Federal District Judge Cecilia Altonaga sentenced Baston to twenty-seven years in federal prison. The reason given by the judge for what would appear to be a light sentence based on testimony that convicted him at trial was only that nobody was killed by his actions.

Lighthouse Point Man Sentenced to Lesser Charge in First-Degree Murder Case

October 17, 2014 | Michael B. Cohen, P.A.

It was more than twenty years ago when Lynne Friend went to meet her estranged husband to pick up a check that was due for child support. After that evening, the then thirty-five year old Lynne Friend vanished.

For eighteen of those twenty years, her ex-husband, Clifford Friend lived his life as a free man and continued with his life. He remarried in 1995 and together with his new wife they raised his son Christian the product of his first marriage. He opened a pawn shop and the couple bought a home in Pembroke Pines. Although he was the prime suspect in his wife’s disappearance, charges against him were never filed.

But in March of 2012, a Grand Jury indicted Friend for the charge of first degree murder in his wife’s death. Over the years, the case had gone before Grand Juries three previous times but it wasn’t until the latest review that an Indictment was returned.

Back then, after making his first appearance before a Miami-Dade judge, the Lighthouse Point man was denied bail. At the time, the Miami-Dade State Attorney’s office introduced new evidence that apparently made the difference although Lynne’s body was never found.

Investigators asserted that they had new evidence that was gathered during the course of their investigation stating that they had confirmation of Mr. Friend and Alan Gold (one of his former friends) throwing an oversized bundle from Gold’s boat that was drifting off the coast of Miami Beach in the area of Government Cut. The information was provided by U.S. Customs officials who told investigators that they witnessed the act on the last night Lynne Friend was seen, approximately one hour after Friend spoke with his wife about picking up the payment.

The boat was later searched revealing a quantity of light gauge rope and two cement blocks. However, in spite of a considerable search of the area, no human remains or evidence of a large package or container of any type was ever found in the water or neighboring area.

The prosecution’s case hinged on Gold’s testimony who until recently remained silent. He was offered immunity in the case in exchange for becoming a witness against his former friend. He stated that he promised Mr. Friend that he would never reveal the episode that transpired that night and had no intentions of doing so. But his fear of being prosecuted as an accessory to the crime caused him to accept the immunity deal. At trial, in his own words when he was asked why he decided to testify he told the prosecutor: “Only because you put me in a box and I don’t have any choice.”

Prior to making that statement, during questioning the prosecutor asked Gold if he helped Friend on the night in question by throwing a parcel off a boat into the water. His answer was in the affirmative. The prosecutor’s then asked if he suspected what was in the bag that was thrown overboard to which he responded definitively and without hesitation “His wife, Lynne.”

During further questioning Gold stated that Friend told him that he strangled his ex-wife during a heated argument and he only agreed to help his friend get rid of his ex-wife’s body to keep him from getting arrested and sent to jail leaving their son, Christian without either parent. His son Christian was five years old at the time of his mother’s presumed murder. Gold went on to say “I basically didn’t want to see the kid fatherless.”

Friend had previously lost a long bitter custody battle and his ex-wife was preparing to leave the state with their son. This apparently infuriated Friend.

The two week long first-degree murder trial that concluded in July resulted with the jury deliberating for five hours before returning a verdict of guilty of the lesser charge of second degree murder.

Before the sentence of life in prison was announced last month, Friend’s current wife Janet told the judge that her husband was a good man. “His smile, his guidance and his presence as a father will be missed. I’m requesting you to consider that he had no criminal history and was an outstanding citizen, phenomenal father and wonderful husband.” The couple had been married for nineteen years.

His son Christian, now twenty-five also stood by his father saying that his father was innocent of the crime. “He raised us to know the difference between right and wrong. I know he loved me. He loved too much to hurt me by taking my mother from me. After sitting here for weeks, I have never been more sure of his innocence.”

But Lynn Friend’s former fiancé, Ed O’Dell had a completely opposite viewpoint. After the sentence was imposed he told reporters that he though Friend should have received the death penalty.