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May 2010 Archives

DC Criminal Lawyer: DC Restaurant Workers Charged with Stealing Credit Card Numbers

May 31, 2010,

Three servers at a DC restaurant have been charged with stealing credit card numbers as part of a larger ring that netted $117,000 in fraudulent charges. Federal officials became aware of the scheme in April 2009, when they were notified by Citibank Corp. that numerous fraudulent charges had been made on credit cards that were used at The Cheesecake Factory on Washington Avenue. A Washington DC criminal defense attorney will likely defend the alleged conspirators against charges of first degree fraud.

Investigators were able to identify the three workers who had charged the customers' cards and are alleged to have stolen the numbers. Two are listed only by their initials in court documents because of their cooperation with the investigation. The third, Nicole L. Ward, admitted her role in the stolen number ring.

Allegedly, Ward was approached by a man named "Slim" who offered her $40 per card to swipe the card in a "skimmer," which steals the credit card number. Slim would later collect the skimmers from Ward, and the stolen numbers were used to make fraudulent credit cards.

Ward claims she offered the two other charged servers $25 per stolen number; however, Slim did not pay Ward according to their agreement, so she allegedly began working for "G," a member of the fraudulent credit card scheme who was higher up in the chain of command than Slim. G would collect the skimmers from Ward approximately every two weeks and use the numbers to make fraudulent credit cards. The cards made with the stolen numbers were used to purchase over $117,000 in merchandise and gift cards. Ward estimates she made approximately $5000 in the scheme, which lasted from 2008 until April of last year, when Citibank Corp. contacted authorities.

A DC criminal lawyer will evaluate the facts of the case as well as the admissions of the individuals charged in the case. As the three servers are allegedly part of a much larger scheme, and they seem to be cooperating with the investigation, their defense attorneys may be able negotiate a favorable plea agreement for his client.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Fraud Lawyers and Virginia Criminal Lawyers websites.

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DC Drug Lawyer: US Marshals Search for DC Fugitive

May 28, 2010,

Authorities continue to search for a DC convicted criminal who has evaded justice for the past five years. William Bennett Brown, 50, is wanted on three outstanding warrants in Washington DC. Brown is wanted for violating his parole for drug charges in 1992, escaping from a halfway house in 1995, and distributing cocaine in 1996. In addition to the crimes for which he has outstanding warrants, Brown has an extensive criminal history.

Brown's criminal record includes arrests for assault, burglary, and fraud. According to Deputy Marshal Shane Clark, Brown "is a proven threat to the community and we need to get him off the streets." Clark adds, "This guy simply refuses to conform to the rules of society."

This is not the first time in recent history that US marshals have asked for the public's help in locating a fugitive. On May 24, a fugitive sex offender turned himself in to authorities after The Washington Examiner ran a story saying marshals believed the man was hiding in DC. Larry Donnell Cotton, 43, was wanted for his second offense of failure to register as a sex offender. His criminal history also includes the sexual assault of a minor, assault and battery, burglary, and weapons offenses. When he turned himself in, Cotton did not know that he was recently indicted in DC federal court for failing to register as a sex offender and then crossing state lines. His federal charge could result in a longer prison sentence. A DC criminal defense attorney will guide Cotton through the judicial process to make sure his rights are protected.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Drug Lawyers and Virginia Drug Attorneys websites.

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Complaint Filed in DC Superior Court for $110m Bruno Lawsuit Against Letterman, Cohen, NBC, et al.

May 25, 2010,

While this is not our normal fare of discussing DC criminal law, it's hard to overlook the exhilarating fact that Hollywood heavy hitters Sacha Baron Cohen, David Letterman, Jonah Hill and 8 others are being named together in one civil suit ... all less than 100 yards from our offices here in downtown DC! Our blog posts generally revolve around DC Criminal Lawyer and Maryland Criminal Lawyer issues. While this one may be outside our normal purview, we couldn't help but get caught up in all of the excitement. To view the complaint itself, click the link at the bottom of the post.

Ayman Abu Aita, depicted as a terrorist in Cohen's most recent hit, Bruno, recently slapped Cohen, Letterman, NBC, CBS, and 7 others with a $110 million civil suit. In court documents, Aita claims that he is indeed not a terrorist; in fact, he states quite the opposite. Aita states in a complaint filed with DC Superior Court that he is "a peace-loving person who abhors violence, and, prior to the publication and republication of the calumnies complained of herin, enjoyed a good reputation for honesty and a peaceable nature throughout his community..." Aita claims he was told that Cohen (playing the title role of an outlandish homosexual fashion reporter) was a German journalist wanting to interview him to learn more about Aita's peaceful activist work. He goes on to state that the interview was not in a "secret location" as the film suggests, but rather the Everest Hotel, a popular meeting ground for peace activists. The Bruno crew allegedly rented out an entire floor of the hotel and concocted a false wall to give the appearance of an abandoned old building. Additionally, Aita was unaware that he would be featured in any type of movie, much less a comedic role-playing film like Bruno.

Aita goes on to express his grievances with Cohen's July 7, 2009 interview on the "Late Show With David Letterman." In this interview, Cohen gave a behind-the-scenes account of his experience with the "terrorist." In this account, Cohen alleges that he was unsure of whether or not Aita was armed, and that Aita came to the interview with a bodyguard. Cohen claimed that he himself came to the interview with a bodyguard and refers to Aita as "the terrorist" multiple times during his interview with Letterman. The Letterman interview transcript is included in official court documents.

Aita claims loss of reputation and business, as well as emotional distress and shame for being associated with such "a scurrilous and scandalous movie." The suit names writers/directors/producers Larry Charles, Jonah Hill, Dan Mazer, and Matthew Roach, as well as NBC, CBS, Worldwide Pants, Inc., Gannett Company, Inc., and Blockbuster as defendants, in addition to Cohen and Letterman.

While the name "Sacha Baron Cohen" and word "lawsuit" tend to often be read side-by-side (who can forget the Borat backlash?), we can't help but wonder as to the outcome of this civil suit. Be sure to check back on DC Criminal Lawyer Blog for updates as the trial progresses!

Please contact Price Benowitz LLP for a free consultation. We also have attorneys in Virginia and Maryland, so please visit our Virginia criminal lawyer and Maryland criminal lawyer sites for more information on those offices.

Bruno Letterman Terrorist Lawsuit.pdf

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DC Criminal Charges - Court of Appeals Reverses 2006 Marine Murder Conviction of Iraqi Man

May 18, 2010,

Even when American military men and women are fighting abroad, they can still be held accountable in the United States for crimes committed internationally. Practicing in the nation's capitol, an experienced DC criminal lawyer may encounter returning veterans accused of criminal charges for acts committed in other countries. In a recent case, an American soldier set to be freed after a Washington DC military court overturned a guilty conviction for the execution-style murder of an Iraqi man in 2006.

Seven Marines and one Navy man were originally charged in the murder case, included then-Sergeant Lawrence Hutchins. He was convicted of second-degree murder and given a dishonorable discharge from his position within the military. Prosecutors alleged during the trial that Hutchins was the "ringleader" in a conspiracy plot to kidnap a suspected enemy, kill him, and then lie about the cause of his death. The supposed goal was to make an example of him, warning other insurgents to end burying roadside explosives.

Hutchins is the only one remaining behind bars while the other six men convicted were detained no more than 16 months. Originally, he was sentenced to serve 15 years, but was reduced to 11 after the Washington DC military court overturned the decision. It was found by the court that Hutchins was denied a fair trial, as one of his head criminal defense attorneys left the case shortly before his court-martial.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Homicide Attorney and Virginia Homicide Lawyer websites.

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DC DUI Lawyer: DC Judges Should Have Authority in DWI Cases

May 12, 2010,

There is a delicate balance within the legal system that tilts between enforcing minimum sentences for individuals charged with criminal violations, and allowing judges to use their best judgment when announcing punishment.

The Washington Post wrote an article advocating against enforcing required minimum sentences on individuals convicted of crack cocaine possession. They even applauded a recently passed bill that gives "judges a greater degree of discretion" when determining a sentence for low-level drug convicts. However, just a week later, the Washington Post published an article demanding for enforced minimum sentences for drunk drivers. The Post argued that lawmakers in the DC Metro area attempt to "coddle" DUI offenders by diluting important drunk driving laws.

Why should judges not also have discretion in first-time DUI cases, similar to low level drug offenders? It does not make any sense.

A viable argument is made in requiring installed breathalyzer interlock systems into the vehicles of repeat offenders or those who had a blood alcohol content over 0.15 percent. It is still possible however, to be arrested on DC DUI charges even if the level of impairment is comparable to talking on a cell phone while driving. Because each case is different, it would not make sense to punish first time or low level DUI suspects the same as a reoccurring offender with a high breath-alcohol score would be.

A judge should be able to use their best judgment to determine each case individually, as opposed to having a set minimum requirement standard for all. Opposing harsh sentences for a marginal first-time drunk driver is often criticized for being "pro-drunk driving." By this standard, allowing judges to use personal discretion in DUI cases is "no more 'pro-drunk driving' than The Post's editorial is 'pro-crack cocaine.'" While the Post had great intentions on advocating for judge's discretion when deciding drug cases, not to apply it to low-level DUI offenders is inconsistent, as would be apparent to a DC DUI defense lawyer.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Virginia DUI Lawyer and Maryland DWI Lawyer websites.

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DC Sex Offense Lawyer: Metro Priest Removed From Position After Accusations of Sexual Misconduct with Girls Abroad

May 12, 2010,

An accusation of sexual crimes in the District of Columbia is a serious matter and can result in significant consequences for a suspect. Such are the circumstances of a recent case in Washington DC where a Catholic priest was removed from his position after allegations of sexual misconduct with young girls surfaced.

Father Michael Schapfel served as a Catholic chaplain of a girls' movement abroad during the 1980s and 1990s. Once through with the movement, he moved back to the United States and worked as a priest at a Catholic church in Washington, DC. However, multiple sex crime allegations against Father Schapfel arose in the past month, prompting civil authorities from abroad to call Father Schapfel back for trial. Foreign officials stated that when they released Father Schapfel to the United States in 2004, they were unaware that the girl was a minor.

These sexual allegations against Father Schapfel come as a surprise to many. According to a letter from the Diocese of Mainz, the priest had no known criminal background, nor any prior behavior that would make him appear to be unfit to be around children. On the contrary, Father Schapfel attended a child protection training program and signed a contract agreeing to uphold its policies. Investigations are ongoing in both the United States and abroad.

Facing accusations of engaging in a sex crime in DC or internationally is a traumatic experience for one to go through. Enlisting the services of a hard-working and experienced legal defense to protect your personal liberties and freedoms can help mitigate the impact of these or similar charges. Contacting a practiced DC criminal defense lawyer immediately will ensure the highest quality legal advice and defense against accusations of this magnitude.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Sex Crime Attorneys and Virginia Sex Offense Lawyers websites.

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DC DUI Lawyer: Pending Prom Season Likely to Bring DWI Arrests

May 11, 2010,

As the seasons change from winter to spring, graduation and prom season is right around the corner. According to national statistics, about 79 percent of teenagers believe their friends will drink and drive on graduation or prom night, while only 25 percent believe that doing so will have consequences. Therefore, it is important to update the public on important information, including Washington DC drunk driving laws, so that celebrations are safe and without arrest.

According to the National Highway Traffic Safety Administration, the Washington DC metropolitan area attributes almost a quarter of young adult highway deaths to alcohol. This has prompted lawmakers to create much stricter DC drunk driving laws than existed previously. Underage drivers with any measurable amount of alcohol in their system face a mandatory revocation of their driver's license for at least 6 months. Additionally, a DC DUI charge is considered a misdemeanor--enough to permanently tarnish your reputation and potentially affect post-high school plans.

As seen by the tough laws in place, underage drinking and driving can have significant consequences, particularly for a teenage defendant. Not only can driving privileges be suspended if convicted, but a teen can face probation or fines as well. Do not let a DC DUI arrest ruin your graduation and prom season or interrupt your post-high school plans. Because of the serious and life-changing consequences involved, it is important for any minor accused of a drunk driving to contact a hard-working and trustworthy DC DUI defense lawyer immediately. Acting quickly will ensure the highest quality legal defense for your case, resulting in the best possible outcome.

This article is presented by Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DUI Attorney and Virginia DUI Lawyer websites.

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